Majority
p. 557Elizabeth McAuliff, Individually and as Administratrix of the Estate of John McAuliff, Deceased, et al., Appellants, v. Mary E. Hughes et al, Defendants, and Elizabeth Elliott, Respondent. (Argued March 25, 1913; decided April 15, 1913.)
Headnote
McAuliff v. Hughes, 148 App. Div. 907 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 26, 1912, affirming a judgment in favor of defendant respondent entered upon a dismissal of the complaint by the court on trial at Special Term in an action for the partition of real property.
p. 558
Adelbert W. Boynton for appellants.
Patrick J. Tierney for respondent.
Judgment affirmed, with costs; no opinion.
Concur; Cullen, Oh. J., Gray, Willard Bartlett, Chase, Cuddeback and Miller, JJ. Absent: Hogan, J.