
    Josiah T. Smith, Appellant, v. George F. Smith et al., Defendants, and Margaret L. Smith, Respondent.
    (Argued October 2, 1912;
    decided October 22, 1912.)
    
      Smith v. Smith, 151 App. Div. 922. affirmed.
    Appeal, by permission, frota an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 21, 1912, which affirmed an order of Special Term granting a motion for judgment on the pleadings in an action for partition of real property.
    
      Charles C. Suffren for appellant.
    
      Louis Ehrenberg for respondent.
   Order' affirmed, with costs, and question certified answered in the negative; no opinion.

Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hisoooic, Chase and Collin, JJ.  