Johnson v. Depew

Judgment unanimously modified on the law and facts in accordance with the Hemorandum herein, and as so modified affirmed, without costs to any party. Hemorandum: Plaintiff’s intestate and defendant were tenants in common of certain property in the Town of Pendleton, which is the subject of this partition action. While there is a presumption that tenants in common share equally in their common. tenancy, such a presumption is rebuttable if the facts show that they hold in different shares (Real Property Actions and Proceedings Law, § 943; Moran v. Thomas, 280 App. Div. 1037). The evidence…