Paletsky v. Paletsky

Dupont, C.P.J.

The sole issue presented by this appeal,1 as framed by the defendants,2 is whether title by adverse possession can be acquired where the claimant entered into possession under the mistaken belief that he owned the property. This was an action to quiet and settle title to a piece of land adjoining the plaintiffs home. The plaintiff alleged and the trial court found title by adverse possession.

*588The predecessor in title of both the plaintiff, Samuel Paletsky, and the defendant Bernard Paletsky was their father, Isidore Paletsky. Prior to 1949, the plaintiff’s father had conveyed two…