
    CROUSE, Appellant, v. McVICKAR et al., Respondents.
    (Supreme Court, Appellate Division, Fourth Department.
    March 8, 1911.)
    Ac-, tian by Charles E. Crouse against Dorothea Edgarita McVickar and others.
   PER CURIAM.

Judgment modified, by striking therefrom the words “upon the merits,” and, as so modified, affirmed, with costs.

McLENNAN, P. J., not sitting.  