Lewicki v. Marszalkowski

OPINION

KELLEHER, Justice.

The decisive and intriguing issue presented by this appeal is whether an individual who conveys a parcel of Rhode Island real estate to another by warranty deed can at some later date claim title to the identical parcel against the grantee’s successor by way of adverse possession. A Superior Court justice said no, and so do we.

In mid-June 1928, plaintiff, Katarzyna Lewicki, and her husband, Adolph, purchased from William Mushnick an estimated forty-three-plus-acre piece of farmland situated in the town of Cumberland on the westerly side of Burnt Swamp Road. 1 The…