Lehman v. Lehman

The plaintiff’s demurrer to affirmative defenses set up in the answer is brought on as a litigated motion. The action is brought to partition three parcels of land described in the complaint. The first defense demurred to is that the defendant Albert Lehman is incompetent and that no committee has been appointed for him. It was recently held by the Appellate Division of this department in Bernstein v. Bernstein, 188 App. Div. 276, that such an allegation does not constitute a defense and that an action in partition may be maintained where one of the tenants in common is a person of unsound…