
    Benjamin T. Smith, Respondent, v. Howard Smith, Appellant.
    
      Smith v. Smith, 164 App. Div. 901, affirmed.
    (Argued March 27, 1917;
    decided April 17, 1917.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 10, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to set aside and cancel a deed of real' property, upon the grounds of want of consideration, non-delivery, non-acceptance, unauthorized recording, and that it is a cloud on plaintiff’s title.
    
      
      M. S. Guiterman for appellant.
    
      Harry G. Clock for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hisgook, Oh. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.  