Order affirmed, with $20 costs and disbursements.
We have been advised that, in a separate action, defendant has obtained a judgment declaring that she is still the lawful wife of plaintiff. Under these circumstances the plaintiff is not in any event entitled to partition. Had defendant not procured such a judgment we would nevertheless have affirmed the dismissal of the complaint, as we continue to adhere to our view that a partition action may not be brought by...
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