New York Court of Appeals

Harriet N. Florence, Appellant v. Euphemia Hopkins

September 2, 187146 N.Y. 182

Summary

The Court of Appeals affirmed the dismissal of a partition action because the plaintiff did not have actual or constructive possession in common with the defendants at the time the suit was filed. The court held that a subsisting adverse possession, regardless of its duration, is an absolute bar to a partition proceeding.