The Superior Court of New York City June 1, 1874 (Dudley v. Grissler)

By the Court.—Mohell, Ch. J.

If the order in this case can be reviewed by the general term, I think we should have no hesitation in reversing it.

A joint action is attempted by plaintiffs having diverse and separate interests. The covenant of the defendants, as respects the freehold lots, passed under the will to the devisee, and as respects the leasehold lots, to the executors.