In re Durey

The proceeding was instituted on the petition of Cyrus Durey to perpetuate testimony of Truman J. Whitman under article 31 of the Civil Practice Act. The principal question presented is whether or not the petition states facts sufficient to justify the order.

This article, entitled “Perpetuation of testimony in real property actions,” provides: “ § 316. Application to take deposition and to perpetuate testimony. Where a person has been, or he and those under .whom he claims have been, for one year in possession of real property or of an -undivided interest therein, claiming it in fee, or for…