Ohio Court of Appeals June 18, 1935, Nos 433 & 434 (Whipple v. Ortlepp)

*12OPINION

By BODEY, J.

Counsel for the plaintiff presented their case on the theory that §3894 GC had application to this action. The lower court in its decision held that the action was instituted under favor of that section, which reads as follows:

“When a special assessment is made on real estate subject to a life estate, the assessment shall be payable by the tenant for life, but upon