Appellate Division of the Supreme Court of the State of New York November 12, 1925 (Smith v. Smith)

McCann, J.:

This action is brought for the partition and sale of certain real estate of which John A. Smith, plaintiff, and Frank Nestor, one of the defendants, are tenants in common. Mabel D. Smith and Bessie M. Nestor each has an inchoate right of dower. The other defendants are interested as lienors on certain interests. On *384or about October 3, 1923, Alfred S. and William C.