35 A.D. 201 | N.Y. App. Div. | 1898
The plaintiff purchased the farm assessed for taxes in the year 1895, under a written executory contract, and entered into possession thereof April 1, 1895, and continued in possession until April 1, 1896. The legal presumption arising from the contract is that the plaintiff and not her husband was in possession of the farm. (Mygatt v. Coe, 124 N. Y. 212; 142 id. 78; 147 id. 456; 152 id. 457.) No attempt was made by the defendant to rebut this presumption, and, besides, the plaintiff testified that she cultivated the farm, personally did much of the work thereon, and that the consideration for the purchase of the farm was realty which she formerly owned and held the title to. This evidence is uncontradicted, and there is no circumstance in the case which throws any doubt as to the truth of her testimony. Under the written contract
The judgment should be affirmed, with costs.
All concurred.
Judgment affirmed, with costs.