Alexander v. . Alexander

This was an appeal from an order of General Term denying a motion to dismiss the appeal thereto The action was for partition, between heirs-at-law. The following is the opinion : “ The motion to dismiss this appeal is. founded upon the fact that the appellant, who was defendant in an action of partition, and by the judgment rendered was awarded a proportion of the proceeds resulting from a sale ordered by the court, accepted those proceeds after his appeal was perfected, and took also the costs allowed to him by the judgment. His notice of appeal was served March 13, 1886, and the referee…