
    Neilson against C. Cox, M. Beekman, and A. H. Beekman and Wife.
    In partition, if the defendants do not appear, the court will, on motion, make an order for partition as prayed.
    In partition.
    The defendant had not appeared, and the act not specifying any mode of compelling them to come in, Woods, on behalf of Biggs, moved for the following rule, which, after being submitted to the court for perusal, was ordered.
    BULB.
    New-York Supreme Court. William Neilson In Partition. The defendants having neglected to answer or to plead to the petition of the plaintiff, within the time allowed them by a rule Catharine Cox, Magdalene Beekman Abraham H. Beekman and Jdhannah his wife. of this court for that purpose, and it appearing by the said petition, that the plaintiff is seised in fee-simple, as tenant in common, of two undivided fifth parts of the premises in the said petition mentioned, and that the defendant Catharine Cox is seized in fee simple, as tenant in common, of one equal undivided fifth part thereof, and that the defendant Magdalene Beekman is seised in fee-simple, as tenant in common, of one equal undivided fifth part thereof, and that the defendants Abraham H. Beekman and Johannah his wife, in right of the said Johannah, are seised in fee-simple of one equal undivided fifth part thereof, which not being denied, the court doth therefore determine the rights of the said parties to be, as in the said petition is, stated, whereupon, and on motion of Mr. Biggs, attorney *for the plaintiff, it is ordered, that [*122] partition of the said premises be made between the said parties, according to their said respective rights, and it is ordered, that A. B., G. D. and B. F., being three reputable freeholders of the city of New-York, be, and they are hereby appointed commissioners to make the said partition among the said parties, quality and quantity relatively considered, according to the respective rights of the parties aforesaid. Partition as prayed.
    Ordered accordingly. 
    
    
      
       For proceedings for the partition of real estate, see Code of Procedure, sect. 448: Myers v. Rasbark, 4 How. P. Rep. 83; Barker v. Stilwel, 3 Id. 318; Row agst. Row, 4 Id. 133; Traver agst. Traver, 3 Id. 351; Reed agst. Child, 4 Id. 125.
    
   ISP™ The commissioners are named by the party to the court, and if approved of, appointed according to the nomination.

Radcliff and Livingston, Justices, absent.  