Livingston v. Livingston

Civil Practice Act, section 105, provides:

“ At any stage of any action, special proceeding or appeal, a mistake, omission, irregularity or defect may be corrected or supplied, as the case may be, in the discretion of the court, with or without terms, * *

This action was brought for the construction of a will and to obtain a declaratory judgment that plaintiffs are the owners of certain real estate of which certain defendants claim to be the owners. It described five parcels of real estate as being all the real property of which the testator died seized. On this appeal, it appeared from…