
    Nettie E. Valentine, Respondent, v. POINT O’WOODS ASSOCIATION, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    November, 1915.)
    The partition suit being quasi in rein, the policy of the law is to have all interests before the court (Code Civ. Proc. § 452), especially derivative rights from a common ancestor. After a motion to intervene has been noticed, and then adjourned, and is pending, the suit may not be unqualifiedly withdrawn and discontinued. Hence the discretion of the court at Special Term to set aside such discontinuance, and to permit the interveners to come in and defend, notwithstanding this attempt to drop the suit being based on grounds and considerations peculiar to a par-titian suit, was rightly exercised. The order setting aside the discontinuance, restoring the lis pendens, and admitting the interveners to come in and defend, is therefore affirmed, with $10 costs and disbursements.
   Jenks, P. J., and Thomas, Carr, Stapleton, and Putnam, JJ. concurred.  