New York Court of Appeals

Frederick A. Sands, Appellant v. John Hughes, Respondents

September 23, 187353 N.Y. 287

Summary

The Court of Appeals affirmed the lower court's dismissal of the plaintiff's ejectment action, holding that a holder under an assessment lease is not a tenant of the lessor for purposes of the landlord‑tenant rule that bars adverse possession, and that the defendant's entry under a deed from Walter was a color‑of‑title entry constituting adverse possession, rendering the plaintiff's deed void. The court further held that the statute of limitations for adverse possession does not run during the term of an assessment lease and may ripen after the lease expires.