As so modified, order affirmed insofar as appealed from, without costs. Action remitted to the Special Term for further proceedings not inconsistent herewith.
No questions of fact were considered on these appeals. In our opinion, the third affirmative defense is insufficient in law as a defense to an action in partition by a tenant in common. Accordingly, a reference should be directed to ascertain the rights of the respective parties (Real Property Actions and Proceedings...
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