206 A.D. 803 | N.Y. App. Div. | 1923
Prior to 1888 plaintiff had worked with his father in quarrying and selling stone and his wages with his father’s had been handed to his mother to bank for them. Plaintiff swears the amount of his contribution was $550. In that year he negotiated with Jacob Krum for the purchase of a house and some two acres of land and the deed, pursuant to an understanding between plaintiff and his mother, that she should deed it to him when required, was taken in his mother’s name. After the lapse of upwards of twenty years and in 1914 he demanded the deed of his mother and such demand was never complied with. While in such occupancy plaintiff paid the taxes and made repairs in an amount of $200. In 1920 the mother, who was infirm in health, in consideration of care, lodging and maintenance, deeded the property to Florence Bedell and turned in pension cheeks of $30 per month which she received from the government. Thereafter defendant Florence Bedell, treating the plaintiff as a tenant at will, revoked the tenancy and brought a summary proceeding before the county judge
See Code Civ. Proc. § 2244, as amd. by Laws of 1920, chap. 132; now Civ. Prac.. Act, § 1425, as added by Laws of 1921, chap. 199.— [Rep.