Gokey v. Gokey

This controversy comes to us upon an agreed statement of facts.

On July 12, 1910, the defendant leased of his brother, William N. Gokey, now deceased, the latter’s interest in certain real property situate on West Third street in the city of Jamestown, Ñ. Y. The property was owned by the two brothers as tenants in common, decedent owning an undivided five-eighths thereof, and defendant the other three-eighths. Defendant agreed to pay all taxes which were “ levied or assessed upon said property, or any part thereof, during the said term.” The dispute between the parties arises over this…