Fleming v. Griswold

3 Hill 85 (1842)

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Fleming v. Griswold

New York Supreme Court
3 Hill 85 (1842)

SC
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Facts

Peter Tallman owned a parcel of land, but did not live on it. In 1805, Edward Griswold received a warranty deed to the property from a third party. Edward took possession of the property adversely to Tallman’s interest. In 1811, Edward conveyed his deed to Abraham Griswold (defendant). Abraham took possession and continued to possess the property adversely to Tallman’s interest. Tallman died in 1815, leaving as his heir his daughter, Mrs. Fleming (plaintiff). At the time Fleming took possession of title she was a minor. In 1840, Fleming sued Abraham, seeking possession of the property. The circuit court ruled in favor of Abraham. Fleming appealed.

Rule of Law

Issue

Holding and Reasoning (Monell, C.J.)

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