Beebee & Wife v. Griffing
New York Court of Appeals
In May, 1846, Josiah Beebee and Lorenza bis wife filed their petition in the supreme court, pursuant to the statute, for the partition of real estate, situate in the county of Suffolk.
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In May, 1846, Josiah Beebee and Lorenza bis wife filed their petition in the supreme court, pursuant to the statute, for the partition of real estate, situate in the county of Suffolk. The petition stated that the petitioners, in right of the wife, together with Peter W. Griffing and Mary B. his wife, Hannah Wiggins, William H. Wiggins, Orrin J. Wiggins, Albert Wiggins, Sidney S. Wiggins, A. King and Jeanette his wife, Roland T. Swain and Eliza Ann his wife, and William T. Trask, held and were in possession "of the lands described as tenants in common; and that each husband and wife, in right…
1Opinion of the CourtMitchell, J.
There wras no evidence that any of the parties, plaintiffs or defendants, were in actupl possession of the premises, nor that any other person was in possession. Thus there was no evidence of any adverse possession; and as the case admitted that the first purchaser, and each of his children, died seized in fact, the law, on their death, cast the seizin on and implied the actual possession in those to whom tjjie title descended. If the appellant, Griffing, entered and took possession (as he did not show that he entered adversely), it must have been for the benefit of those who, in law, were…
2Cases cited2 opinions
- Bevan v. TaylorSupreme Court of Pennsylvania · 1821
- Shippen v. IzardSupreme Court of Pennsylvania · 1814
3Cited by1 opinion
- In re the Judicial Settlement of the Account of EichlerNew York Surrogate's Court · 1914