
    SIGAFOOS et ADMRS. v. MARKER et.
    Ohio Appeals, 2nd Dist., Darke Co.
    Decided June 3, 1927.
    John S. Hankins, Greenville, for Sigafoos et.
    J. A. Kerr and E. H. Kerr, Tippecanoe City, for Marker et
    997. REAL ESTATE — Proceedings to Sell — 85. Appeal —923. Pleadings — 941. Practice and Procedure.
    1. Proceeding to sell real estate not appealable.
    2. Filing of answer and cross petition does not make issue in chancery.
   BY THE COURT.

1. A proceeding to sell the real estate of the decedent allowed in the probate court, and also allowed on appeal in the Court of Common Pleas, is not appealable to the Court of Appeals.

2. An answer and cross petition, filed on leave in the Court of Common Pleas, which might have been properly filed in the Court of Probate, does not make an issue in chancery so as to sustain the right to appeal.

(Ferneding, Kunkle and Allread, JJ., concur.)

For reference to full opinion, see Omnibus Index, last page this issue.  