In re the Estate of Dusenbury

Thomas, S.—

This proceeding to sell the lands of the decedent for the payment of his debts was commenced after the property sought to be reached had been sold under a judgment rendered by the Supreme Court in an action of partition. The interest of the decedent in the property was an undivided one-third, and one-third of the net proceeds of the sale, after th® payment of costs and specific liens, was, pursuant to section 1538, Oode of Civil Procedure, deposited with the chamberlain of the city of New York, three years not having then expired since letters of administration on the estate of the…