
    Susan A. Sprague, Plaintiff, v. Mary L. Engelbrecht et al., Defendants.
    (Supreme Court, Kings Special Term,
    November, 1899.)
    ^Partition — Allowances in case of actual partition.
    Where actual partition is made, the court cannot award costs and an allowance to the defendant; but where the latter has succeeded in forcing an actual partition, the court will not allow anything to the plaintiff, but will order the defendant to pay half of the plaintiff’s costs. ' ,
    The action was brought for the partition or sale of land. "There had been an actual partition by commissioners; and, ■on a motion for the confirmation of the commissioners’ report, -application was made by the defendant, to whom one-half of the land had been set off, for an extra allowance.
    George J". Greenfield, for plaintiff.
    Calvin D. Van Mame, for defendant.
   Smith, J.

If power were granted to make an allowance herein to both plaintiff and defendant I should allow plaintiff $300 and the defendant $200, inasmuch as defendant succeeded upon the ■question whether there should be a sale or an actual partition. As I construe the case, I am not permi^ed to award costs and an ¡allowance to the defendant on actual partition; hence I think it fair that no allowance be granted to the plaintiff. I think if •defendant pays one-half of the plaintiff’s costs, about the same result would be reached as if there had been a sale and allowances made upon the basis above suggested.

Ordered accordingly.  