Theodos

Action for partition of certain real estate.

It was agreed between the parties that the property could not be partitioned in kind and it was sold by a referee for the sum of $20,000.

The present controversy has to do with the disposition of the proceeds of such sale. The parties to the action are brothers. For a number of years they lived together in the same household. The property in controversy was acquired by them by purchase during such period. The deed was taken in the name of defendant Yangel Theodos, but it is admitted that the brothers owned the property as tenants in common. In the acquisition of the same, certain sums were borrowed from the Bank of Italy. After the property was acquired plaintiff Demetry Theodos turned over his earnings to his brother, who deposited the money as it was received in the bank in their joint names. No boobs were ever kept between them, nor any record of their respective contributions and charges. Defendant Yangel Theodos managed the property, paid all the expenses and collected the rents which, together with their earnings, paid off the encumbrance and the cost of improvements. Thereafter, plaintiff demanded that defendant convey to him…