General
Grenville A. Smith, Appellant, v. John E. Marsh et al., Respondents
186 N.Y. 605·New York Court of Appeals·1906·NY
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Opinion
Grenville A. Smith, Appellant, v. John E. Marsh et al., Respondents.
Smithy. Marsh, 111 App. Div. 913, affirmed.
(Argued November 28, 1900;
decided December 18, 1906.)
Appeal from a judgment of the Appellate Division of the. Supreme Court in the first judicial department, entered January 29, 1906, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action of ejectment to recover an undivided share of certain lands.
G lar erica L. Barber, Peter A. Hendrick and James A. Beering for appellant.
Theodore Be Witt for respondents.
[MAJORITY]
Judgment affirmed, with costs, on authority of Van Winkle v. Van Winkle (184 N. Y. 193).
Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ, Absent: O’Brien, J