administratrix, what, if anything, shall, upon the taking of the said accounts, appear to be due her, as administratrix, &c., of said deceased partner, the said plaintiff, as administratrix, &c., being ready and willing, and hereby offering to pay the defendant, what, if anything, shall appear to be due him, on such accounting; and that some proper person may be appointed receiver, with the usual powers, to take into his possession and receive the property and effects of said late copartnership, and to collect and receive all moneys which may be coming to the credit of said late copartnership; and that in the mean time the said defendant may be restrained by order of this court from disposing of or in any manner interfering with the property and effects of said concern, or from collecting or receiving the copartnership debts or other moneys coming to said concern, or for such other or further relief as the court shall deem just and proper, with costs of action. S. & V. S., Plaintiff's Attorneys. (No. 51.) To dissolve a copartnership or joint ownership in a freighting vessel, praying an accounting and sale of the partnership, or joint property, and that the interest of defendant, one of three copartners, be charged with certain liens in favor of the other two, praying a receiver and injunction. SUPREME COURT-COUNTY OF RENSSELAER. Nathan N. Seaman and John J. Fuller agt. Joseph M, Burch. The complaint of the abovenamed plaintiffs respectfully shows to this court: That on or about the 12th day of March, 1853, the above named Nathan N. Seaman, John J. Fuller, Joseph M. Burch and one John Clapper, purchased for the sum of $3,500, and became the joint owners of a barge or boat used in carrying freight up and down the Hudson river, called the Fishkill, each of said parties owning one undivided fourth part thereof. That, being such joint owners, the said parties did, on the 15th day of March aforesaid, enter into articles of agreement and copartnership, in writing, a copy of which is annexed, marked A, and which forms a part of this complaint. That, pursuant to the terms of the said agreement, the business therein provided for was commenced and carried on during the season of navigation for the year 1853. That, on or about the 21st day of September, 1853, the said John Clapper, for an adequate consideration, sold and disposed of all his interest in said barge and in said business to the said Nathan N. Seaman and Joseph M. Burch, and from and after that date the said business was conducted for the benefit of the said Seaman, Fuller and Burch; that said Seaman and Burch being each interested in said barge and in said business to the amount of three-eighths thereof, and the said Fuller to the amount of two-eighths thereof. That, during the season of navigation, as aforesaid, in the prosecution of said business, a large amount of money was received and disbursed on account thereof; that, as near as the plaintiffs can now estimate the same, the whole amount earned by said barge for freight, &c., was $4,208.07. That the expenses properly charged thereon did not exceed the sum of $2,676.01, leaving the net earnings of said barge, to be divided among the owners, the sum of $1,532.06. That the said defendant, having received a much larger amount of money on account of said business than his just proportion, has neglected and refused to account for the same to the plaintiffs, and that the said copartnership firm is now justly indebted to the plaintiffs for moneys due to them on account of said business, and for moneys received by said defendant, and which he unjustly neglects and refuses to pay over and account for. That the interest of the said defendant in said copartnership property is justly chargeable with a demand of $300, for moneys received by the defendant in the course of said business, and which should be paid to the plaintiff Seaman, and with a similar demand of $51.16 which should be paid by the defendant to the plaintiff Fuller. That defendant neglects to account for and pay over the moneys thus received by him on account of said partnership transaction. That the interest of said defendant in said barge is incumbered by a mortgage to the plaintiff Nathan N. Seaman to the amount of $600, for moneys advanced by said plaintiff Seaman to enable said defendant to purchase an interest in said barge, and which money is now due and unpaid. That the said defendant is wholly insolvent, and has no property subject to execution, beyond his interest in said barge, which barge is now in the city of New-York. That the plaintiffs are desirous of terminating said copartnership and closing up all its business and affairs, and disposing of all its property, and applying the proceeds thereof to the payment of all its debts and liabilities, of every name and nature, and dividing the surplus, if any there shall be, among the parties equitably entitled thereto, and that it is desirable for the interest of all the parties that the said barge should be disposed of before the opening of navigation in the spring of 1854. The plaintiffs therefore demand the judgment of this court, that said copartnership be dissolved, and that an account be taken under the direction of this court of all its business and affairs; that all the property belonging to said partnership be sold, and the proceeds applied under the direction of this court to the payment of its debts; and that the interest of the defendant in any surplus be charged with the payment of any liens or charges thereon in favor of the plaintiffs, or either of them, and, particularly, that the amount of the mortgage held by the plaintiff Seaman be paid thereout, before any portion of the proceeds be paid to the defendant. And that a receiver be appointed to take possession of said barge and other property and assets of said partnership, and dispose of the same, and apply the proceeds thereof under the direction of this court; and that the defendant may by the order of this court be restrained from intermeddling or interfering with any of said part nership property or effects, or interfering, disposing of, or in any manner incumbering the same or any part thereof until the further order of this court, and that the plaintiffs may have such other or further relief in the premises as shall be just and proper, together with the costs of this action. DEXTER REYNOLDS, (10.) IN CASES OF PARTITION. (No. 52.) For a partition of lands held in common by one tenant in common against his cotenant.' Title of the Cause. The plaintiff complains of the defendant and alleges the following facts, constituting his cause of action: Proceedings for partition may be by petition under the Revised Statutes, or by summons and complaint under the Code. And the provisions of the Revised Statutes, relating to the partition of lands, &c., apply to actions under the Code, so far as the same can be so applied to the substance and subject matter of the action, without regard to form. (Code, § 448, and see cases cited in note to that section in Voorhies' Code.) As to parties to an action for partition or sale of real estate, and in what cases an action may be brought, see Pleadings, 181, 182; 2 Barb. Ch. Pr., 284-290. The Supreme Court may authorize proceedings for partition or sale to be instituted on behalf of an infant. (Laws of 1852, chap. 277.) An action for partition cannot be maintained by a person, whatever his title, unless he is actually or constructively in possession of the |