Shively v. Shively

Ohio Court of Appeals

Shively v. Shively

88 N.E.2d 280, 54 Ohio Law. Abs. 527

CourtOhio Court of Appeals

DecidedNovember 23, 1948

DocketNo. 1989

StatusPublished

Cited by2 cases

This text of 88 N.E.2d 280 (Shively v. Shively) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shively v. Shively, 88 N.E.2d 280, 54 Ohio Law. Abs. 527 (Ohio Ct. App. 1948).

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Opinions

OPINION

By THE COURT:

This is an action seeking the partition of jointly owned real estate brought by a husband against the wife. The trial court granted the relief sought.

The appellant is contending that the statute does not authorize a partition under this state of facts. This question has been passed upon by the Court of Appeals for Hamilton County in the case of Shafer v. Shafer, 30 Oh Ap 298, the syllabus of which is as follows:

“Under §§7998, 7999 and 8001 GC, evidencing a complete emancipation of the wife, in so far as separate property was concerned, except as to dower rights, the wife may bring an action in partition against the husband as to real estate owned jointly.”

Upon the authority of this case, the judgment is affirmed.

WISEMAN, PJ, MILLER and HORNBECK, JJ, concur.

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