
    Grenville A. Smith, Appellant, v. John E. Marsh et al., Respondents.
    
      Smithy. Marsh, 111 App. Div. 913, affirmed.
    (Argued November 28, 1900;
    decided December 18, 1906.)
    Appeal from a judgment of the Appellate Division of the. Supreme Court in the first judicial department, entered January 29, 1906, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action of ejectment to recover an undivided share of certain lands.
    
      G lar erica L. Barber, Peter A. Hendrick and James A. Beering for appellant.
    
      Theodore Be Witt for respondents.
   Judgment affirmed, with costs, on authority of Van Winkle v. Van Winkle (184 N. Y. 193).

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ, Absent: O’Brien, J  