
    John P. Gehrhardt et al., Respondents, v. John J. Schwartz, Appellant.
    
      Gehrhardt V. Schwartz, 102 App. Div. 389, affirmed.
    (Argued October 23, 1906;
    decided November 13, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 28, 1905,' in favor of plaintiffs upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to the rights of the parties in certain real property.
    
      David B. Ogden for appellant. -
    
      James Ii. Bowen and Hugh A. MoTernan for respondents.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Ch. J., Edward T. Bartlett, Werner, Hiscook and Chase, JJ. Absent: Gray, J. Not sitting: Willard Bartlett, J.  