Macomber v. Sterling

The plaintiffs’ intestate brought this action for the partition of real property. An answer was interposed by these appellants and by other defendants, and after a trial a decision was filed by the learned trial justice making all the findings of fact upon the issues necessary for an interlocutory judgment of partition, but also concluding as matter of law that the action was barred by the ten-year Statute of Limitations (Civ. Prac. Act, § 53) and directing judgment dismissing the complaint upon the merits. Such a final judgment of dismissal was entered. On appeal to this court (224 App. Div.…