New Jersey Court of Chancery July 9, 1908 (Brown v. Gaskill)

Leaming, V. C.

Defendant moves to dismiss complainant’s bill upon the ground that a suit for the partition of the same property was *621pending in the Atlantic count}' orphans court at the time the bill for partition was filed in this court.

Section 9 of the Partition act (P. L. 1898 p.