In re Steele
Appellate Division of the Supreme Court of the State of New York
Appeal by Jacob Weber from an order of the County Court of Erie county, entered in the office of the clerk of said county on the 18th day of July, 1912, awarding to the petitioner the possession of certain premises.
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Appeal by Jacob Weber from an order of the County Court of Erie county, entered in the office of the clerk of said county on the 18th day of July, 1912, awarding to the petitioner the possession of certain premises. The proceeding was commenced on the 5th day of July, 1912, by the filing of a petition asking for the removal of Jacob Weber from certain premises consisting of sixty-four and one-half acres of land and a barn located about three miles from the village of Hamburg in the town of Hamburg, Erie county. The court, after hearing evidence of both' parties, granted the order awarding the…
1Opinion of the Court
McLennan, P. J.:
In March, 1897, Mary Gifford, then the owner of the farm in question, leased it to Jacob Weber at a rental of forty-five dollars a year, and at that time there was nothing said about how long Weber should remain or how long he could have if. The leasing was oral, and Weber continued thereafter for fifteen years to occupy the farm, the rent being increased from forty-five dollars to sixty dollars and then to seventy-five dob lars per year, and later to paying the taxes and the interest on a twelve-hundred-dollar mortgage. On January 15, 1912, Mary Gifford made, executed and…
2Cases cited2 opinions
- Adams v. . City of CohoesNew York Court of Appeals · 1891
- People ex rel. Martin v. BrownNew York Court of Appeals · 1873
3Cited by2 opinions
- Kaplan v. BernsteinAppellate Terms of the Supreme Court of New York · 1921
- Sember v. Loughrey, New York County Courts1948