Lipps v. Lipps
| Decision Date | 19 February 1951 |
| Citation | 48 O.O. 213,90 Ohio App. 578,100 N.E.2d 862 |
| Parties | , 60 Ohio Law Abs. 148, 48 O.O. 213 LIPPS v. LIPPS et al. |
| Court | Ohio Court of Appeals |
Franks & Franks, and Scanlon & Scanlon, Cincinnati, for plaintiff-appellee.
J. W. Brown and Albert J. Lerner, Cincinnati, for defendants-appellants.
This is an appeal from an order directing J. W. Brown, Albert J. Lerner, and Frank A. Lipps to account for rents and profits.
The plaintiff filed this action on November 11, 1947, praying for partition of certain real estate, cancellation of a certain mortgage 'and all other proper relief.' J. W. Brown and Albert J. Lerner were not made parties to the action at that time. On August 24, 1949, an order for partition was issued in accordance with a decree and amended decree theretofore entered Ohio App., 87 N.E.2d 823. The property not being susceptible of partition in kind, an order of sale was issued on October 6, 1949 and on November 17th, it was returned. On November 22, 1949, a motion to confirm and for order for deed and distribution was filed.
Thereafter, on November 25, 1949, J. W. Brown and Albert J. Lerner filed a motion to be made parties to the action, on the ground that Frank A. Lipps had, on July 11, 1949, transferred to them all his right, title, and interest in and to any and all claims that he had or might have in this litigation, or to any funds or monies that might be found due him. On the same day, the court entered an order making them parties to receive 'Upon a final determination of this cause, all funds found due to Frank A. Lipps.'
On December 30, 1949, the Court entered a decree of confirmation and distribution of the proceeds of sale, one of the items of which was a direction to pay to J. W. Brown and Albert J. Lerner the sum of $1,862.74. In this decree it was ordered that 'Accounting for rents and profits is left for the further order of this Court.'
On May 7, 1950, plaintiff filed a motion for an accounting of rents and profits, which was granted on July 21, 1950. J. W. Brown, Albert J. Lerner and Frank A. Lipps were ordered to account for the rents and profits from the premises from November 2, 1944 to December 31, 1949. It is from that order that this appeal was taken.
We have no difficulty in concluding that an accounting of rents and profits among the coparceners is within the jurisdiction invoked by the filing of this petition, and that jurisdiction was continued by the reservation made in the...
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