Shively v. Shively

88 N.E.2d 280, 54 Ohio Law. Abs. 527
Ohio Court of Appeals·Decided November 23, 1948·No. No. 1989·Published·Cited by 2 cases

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

88 N.E.2d 280 (Shively v. Shively) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Pavy v. Pavy
98 N.E.2d 224 (Indiana Court of Appeals, 1951)
Shively v. Shively
95 N.E.2d 276 (Ohio Court of Appeals, 1950)