Opinion
November 26, 1951.
Present — Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ.
In an action for partition, wherein there is a counterclaim for a declaration that an instrument purporting to be a conveyance is in fact a mortgage, judgment granted in favor of respondent, after trial by the court without a jury, unanimously affirmed, without costs. No opinion.