Brown v. Brown

In this partition action brought by the plaintiff wife, the defendant husband has admitted all of the allegations of the complaint but has pleaded two special defenses which are the subject of this motion to expunge. The first special defense recites the pendency of a divorce action in this court between the same parties, in which action each has moved to require the other to vacate the premises, these motions being still unresolved. The second special defense alleges the entry of an order consolidating both cases for trial before a referee. Each special defense seeks a stay of this partition…