When the commissioner or commissioners are of opinion that the estate cannot be divided according to the demand of the writ of partition without manifest injury to its value, the commissioner or commissioners shall return that fact to the court of common pleas with a just valuation of the estate. If the court approves the return and if one or more of the parties elects to take the estate at the appraised value, it shall be adjudged to them, upon their paying to the other parties their proportion of its appraised value, according to their respective rights, or securing it as provided in section 5307.10 of the Revised Code.
Notes of Decisions
Cited in 20
cases (5 in the last 5 years), 1960–2026 · leading case: Simon v. Underwood, 2017 Ohio 2885 (Ohio Ct. App. 2017).
Simon v. Underwood, 2017 Ohio 2885 (Ohio Ct. App. 2017). · cites it 19דSee R.C. § 5307.09 (stating that “the commissioner .”
Ark Land Co. v. Harper, 599 S.E.2d 754 (W. Va. 2004). · cites it 2דCode § 32-16-12 (Michie 1996); Ohio Rev.Code Ann. § 5307.09 (Anderson 1989); Okla.”
Malone v. Malone, 199 N.E.2d 405 (Ohio Ct. App. 1963). · cites it 8דIn the case at bar should the plaintiff, the owner of an undivided one-third of the land, who has a plain statutory right to elect to purchase the real estate at the appraised value (Section 5307.09, Revised Code), be required to wait until the property has been sold and take…”
McCarthy v. Lippitt, 781 N.E.2d 1023 (Ohio Ct. App. 2002). “) R.C. 5307.09. {¶ 29} Appellants contend that the trial court bypassed these statutes by simply ordering the commissioners to make an appraisal of the property.”
McGill v. Roush, 621 N.E.2d 865 (Ohio Ct. App. 1993). · cites it 2ד” R.C. 5307.09 governs the appraisal duty of commissioners, and reads in part as follows: “When the commissioners provided for in section 5307.”
Thrasher v. Watts, 2011 Ohio 2844 (Ohio Ct. App. 2011). “” R.C. 5307.09. {¶ 21} If the court accepts the return, a party may elect to take the estate at the appraised value.”
Wickham v. Wickham, 2015 Ohio 4136 (Ohio Ct. App. 2015). “” R.C. 5307.09. {¶32} If the court accepts the return, a party may elect to take the estate at the appraised value.”
Kimble v. Troyan, 707 N.E.2d 1 (Ohio Ct. App. 1997). · cites it 5ד35 cites R.C. 5307.09, which provides: ‘When the commissioners provided for in section 5307.”
Rankin v. Coffer, 174 N.E.2d 631 (Ohio Ct. App. 1960). · cites it 2דSection 5307.09, Revised Code, provides: “When the commissioners provided for in Section 5307.”
Sword v. Sword, 620 N.E.2d 199 (Ohio Ct. App. 1993). · cites it 2דR.C. 5307.09 states that “[w]hen the commissioners * * * are of opinion that the estate cannot be divided according to the demand of the writ of partition without manifest injury to its value, they shall return that fact to the court of common pleas with a just valuation of the…”
Seese v. Clark, 2016 Ohio 3443 (Ohio Ct. App. 2016). “Moreover, the condominium was appraised in accordance with R.C. 5307.09. A court presumes that commissioners valuing property subject to a writ of partition act in good faith and with judgment and discretion, absent contrary evidence.”
Thrasher v. Watts, 2013 Ohio 2581 (Ohio Ct. App. 2013). “On remand after Thrasher I, when Thrasher elected to take the property at the appraised value pursuant to R.C. 5307.09, the trial court was required to provide her with possession of said property upon her payment to Watts of the proportion of his equitable interest of $839.”
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