Opinion
March 9, 1949.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ.
The parties to this action are husband and wife. The suit was instituted by plaintiff against his wife to determine the title to real estate and for an accounting. The issue as to the accounting, by consent of the parties, was eliminated from the pleading and was not litigated in this action. The case was tried before an official referee and he found that defendant is the sole owner of the real estate in question, and that the plaintiff has no interest therein. The proof amply sustains that finding. However the first conclusion of law recites that plaintiff is the sole owner of the real estate. Evidently this is a typographical error and this finding is amended to read that defendant is the sole owner of the real estate referred to in the proceeding. Judgment unanimously affirmed, with costs and disbursements to defendant.