Appellant's brief concedes that the action was instituted for the partition of certain real property and for an accounting of the rents and profits thereof, that respondent and appellant's intestate lived together for many years in the Village of Ellenville, Ulster County, that on August 5, 1946 there was executed a certain deed thereafter recorded wherein certain lands in said village were conveyed to "Thomas Shelby and Helen Shelby, his wife", that the habendum clause therein...
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