McGrane v. Wiener

Submission of controversy under sections 546-548 of the Civil Practice Act. Judgment of specific performance unanimously directed in favor of plaintiffs, without costs, but with disbursements to defendant, payable by plaintiffs. The instrument referred to as Exhibit 2 is valid as a deed. (Stoutenburg v. Stoutenburg, 265 App. Div. 570; 2 Devlin on Real Property and Deeds [3d ed.] p. 1598.) The language in the first part of the granting clause under section 66 of the Real Property Law would be deemed to create a tenancy in common, but the language in the latter part, following the description,…