110 Misc. 1 | N.Y. Sup. Ct. | 1920
In 1871 at Evans, N. Y., the plaintiff and her hubsand, James Duffy, adopted John Burton Duffy, then an infant. From that time until his death, on March 5, 1903, he lived with his foster parents. The defendants are his heirs. James Duffy died in 1907. The lands described in the complaint were purchased, one parcel in 1895 for $400, one parcel in 1897 for $500 and the third parcel in 1899 for $1,260. There was paid in cash for the first parcel $175, and for the third parcel about $100. The balance of the purchase price of the lands was secured by mortgages. The deeds ran to John Burton Duffy and were recorded. The mortgages were executed by him. Payments were made on these mortgages from time to time until they were reduced to about $800, and on the 25th day of February, 1903, the last of these mortgages was discharged, and a new mortgage for $800 was given covering the three parcels of land. This mortgage also was executed by John Burton Duffy. About eight days subsequent to its execution he died. Payments were made on the $800 mortgage from time to time subsequent to his death, and the last payments were made, and the mortgage was discharged, some time after the death of James Duffy.
It is the claim of the plaintiff that the whole purchase price of said premises, including the $800 mortgage, was paid by her. Her evidence is that John
Some of this land was rented for a number of years to the canning company for $100 per year, and a small cottage upon one of the parcels has been usually rented for $3 per month. One Henry Burmaster rented part of the land for seven years, and paid therefor $715. All rents were received by the plaintiff. James Duffy was usually employed, although his earning power was not large. It is the position of the plaintiff that these lands were deeded to John Burton Duffy so that they might be his upon her death, and that they were so deeded with the expectation that he would survive her. Her testimony is that he took no part in the negotiations for the purchase of the lands, never had anything to do with their management, and paid no part of the purchase price. The plaintiff’s testimony also is that the deeds were never delivered to the grantee. It appears, however, that they were placed on record.
The contention is that the plaintiff is entitled to a judgment determining that the lands belong to her, or determining that she has a lien upon the same for the
Judgment accordingly.