8 Ohio Law. Abs. 443 | Ohio Ct. App. | 1930
We have gone over this record, heard the arguments of counsel and their statements of fact, and we can come to no other conclusion but that the court below reached a just conclusion. We think that he decided the case rightly and we can do no better than to enter the same judgment and decree in this court.
The section above referred to seems to give the court discretionary power to settle the costs in accordance with the equities and to do justice and right to both parties. Applying that doctrine to the instant case, we find that when this partition suit was brought Korach had a quitclaim deed to the one-half interest that belonged to the
The court having this matter before him and knowing all the facts in the case, properly, we think, ordered the costs to be paid by the defendant Korach and the journal entry that was drawn provided that the attorney’s fee which the court had the power to assess should be assessed as a part of the costs, and that could be rightly ordered paid by the defendant.
We éannot help but come to the same conclusion in this case that Judge Kennedy came to and, therefore, there will be a decree the same as in the court below. O. S. J.