Order granting plaintiff's motion reversed on the law and the facts, with costs, motion denied, the verdict reinstated and the complaint dismissed on the law, with costs.
In this action for partition, plaintiff claimed an undivided interest in real estate as devisee under the will of her mother who was the grantee in a deed from appellant of an undivided one-half interest in the subject property. That deed was dated August 13, 1937, and not recorded until June 28...
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