
    Bridges and others v. Miller.
    (November Special Term, 1853.
    Before Oakley, Ch. J.)
    The words, “proceedings to compel the determination of claims to real estate," in § 808 of the Code, refer only to the special proceedings authorized by the revised statutes.
    In an action to set aside a conveyance of real estate, an extra allowance can only be made when the case upon the trial appears to be “difficult or extraordinary,"’ or “ the prosecution or defence has been unreasonably or unfairly conducted.”
    Tup, complaint was filed to set aside a conveyance of real estate, in the city of New York, upon the grounds of the incompetency of the grantor, and the exercise of undue influence. Upon the coming in of the answer, issues were directed, which were found by the jury in favor of the defendant. Subsequently, at a special term, a new trial was refused, and the complaint finally dismissed. The defendant now moved for an allowance under § 308 of the Code.
   Oakley, Ch. J.

As it does not appear that the judge who tried the issues, deemed the case to be “ difficult or extraordinary,” and there is no evidence that the prosecution of the suit has been “ unreasonably or unfairly conducted,” I am satisfied, that I have no power to make any additional allowance. It is a mistake to suppose that this action is a proceeding to compel the determination of a claim to real property, within the meaning of the Code. The proceedings to which alone § 308 refers, are those specially authorized hy the revised statutes (2 R. S, or p. 312), and the provisions ip relation to which, although modified in form, the Code, hy an express provision, has retained in force (§ 449). The motion is denied without costs.

Approved on consultation.  