p. 652Diedrich Scheffer, Appellant and Respondent, v. John H. Plate, Respondent and Appellant, and Meta A. Plate, Respondent. (Argued October 22, 1926; decided November 16, 1926.)
Headnote
Real property — sale — specific performance — dowei judgment for specific performance improperly set aside.Scheffer v. Plate, 216 App. Div. 812 , affirmed.
Cross-appeals from a judgment, entered June 4, 1926, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and directed judgment declaring that defendant Meta A. Plate has an
p. 653
inchoate right of dower in the premises described in the complaint. Plaintiff in a former action recovered judgment directing defendant John H. Plate to specifically perform his contract to convey real property to plaintiff. Defendant tendered a deed in which his wife refused to join and plaintiff refusing same brought this action to have the rights of the parties declared. The trial court dismissed the complaint, restrained plaintiff from enforcing his judgment and vacated the same.
Judgment affirmed, without costs;
Otho S. Bowling and Robert H. Elder for plaintiff, appellant and respondent.
Allen S. Wrenn and George E. Brower for defendant, respondent and appellant.
Thomas Kelby for respondent.
no opinion.
Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.