Fleming v. Griswold
New York Supreme Court of Judicature
3 Hill 85 (1842)
Relevant factsFree
Edward Griswold received a deed to land in 1805 and took possession adversely to the interest of the true owner, Peter Tallman, who did not occupy the property. In 1811, Edward conveyed to Abraham Griswold (defendant), who continued the adverse possession. Tallman died in 1815, and his daughter, Mrs. Fleming (plaintiff), inherited the property while still a minor. In 1840, Fleming sued Abraham for possession; the circuit court ruled for Abraham, and Fleming appealed.
IssueFree
Whether an adverse-possession period that has begun running against a property owner continues to run against the owner's successor in interest if the statutory elements continue to be met.