H&H Farms, Inc., et al. v. Huddle, No. 3:13 CV 371, 2013 U.S. Dist. LEXIS 72501 (N.D. Ohio May 22, 2013)

(case involves dispute over farmland that had been owned 100 percent by husband and wife before transfers of undivided fractional interests to defendant, a son; at time of case, mother had died and father owned 6 percent and defendant owned 94 percent; plaintiff was longtime farm tenant (and father's grandson and defendant's nephew); farther, as co-tenant in possession of farmland, executed 11-year recorded rental agreement with plaintiff for $150/acre/year; defendant (and 94 percent owner) did not consent to agreement and claimed that agreement was unenforceable and that plaintiff would be trespassing upon attempting to farm; defendant motioned for dismissal of case; under state (OH) law, each tenant holds title independently of every other tenant, and co-tenant out of possession entitled to receive share of reasonable rental value of property exclusively used by co-tenant in possession; possession of one co-tenant is presumed to be possession of all; defendant made no request to physically possess tillable land or was denied ownership rights in farm; father had duty to account for rents and profits and pay defendant 94 percent of net rental income; father has absolute right of possession; under state law, a lease does not divest co-tenants of their interests in property; defendant retains right of partition and, if exercised, lease would be terminated; defendant's motion to dismiss denied).