Majority
p. 622Daniel Crouse and others, Respondents, v. Walter Whittlesey, Appellant.
Order reversed, without costs of this appeal to either party, and a reference ordered to a referee to take proofs of both parties and report the same, with his opinion thereon, to a Special Term, where a further hearing may be had upon usual notice. The referee, if not agreed upon, to be named on motion at Special Term. Opinion by Williams, J.: Mem. by Hardin, P. J.