
    Alexander V. Fraser, as Executor of Franklin A. Wilcox, Deceased, Appellant, v. The City and County Contract Company, Respondent.
    
      Wilcox v. City & County Contract Co., 138 App. Div. 337, affirmed.
    (Submitted April 6, 1910;
    decided April 26, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 15,1909, in favor of defendant upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to whether certain taxes were a lien upon real property conveyed by plaintiff’s testator to defendant.
    
      F. II. Van Vechten for appellant.
    
      Ralph PolJc Buell and George B. Graham for respondent.
   Judgment affirmed, without costs ; no opinion.

Concur: Cullen, Oh. J., Cray, Edward T. Bartlett, Werner, Hiscook and Chase, JJ. Willard Bartlett, J., votes to dismiss appeal.  