Order modified by striking out the word "denied" from the first ordering paragraph and by substituting in place thereof the words "granted on the ground that it appears on the face thereof that it is insufficient in law." As so modified, the order, insofar as appealed from, is affirmed, with $10 costs and disbursements to appellant.
There was neither limitation of time nor expressed contingency which might terminate the agreement not to seek partition and it was,...
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