
    Buffalo Cereal Company, Respondent, v. Charles Atkins, Appellant.
    
      Buffalo Cereal Co v. Atkins, 97 App. Div. 642, modified.
    (Argued January 24, 1906;
    decided February 13, 1906.)
    Appeal from a judgment of - the Appellate Division of the Supreme Court in the fourth judicial department, entered October 26, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity-Term,
    
      Charles F. Tabor for appellant.
    
      Frank C. Ferguson for respondent.
   Judgment modified so as to be without prejudice to the appellant asserting title to the premises in dispute under any other source than the tax deed from the city of Buffalo, with costs to the respondent; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Edward T. Bartlett, Werner and Chase, JJ. Not sitting: Hiscook, J.  