
    JAKUBOWSKI, Respondent, v. KROLL, Appellant, et al.
    (Supreme Court, Appellate Division, Fourth Department.
    May 22, 1912.)
    Action by Stanley F. Jakubowski, as executor, etc., against Joanna Kroll, impleaded with others.
   PER CURIAM.

Judgment affirmed, with costs.

KRUSE, J.,

dissents, upon the ground that the evidence conditionally received was competent, and should have been considered, upon the question as to whether the bond and mortgage had been paid and discharged.  