National Life Insurance Co. of Montpelier v. Lee
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover onebalf the value of a party wall. The cause was tried before Lancaster, J., without a jury, who ordered judgment in favor of plaintiff for $236.75. From an order denying a motion for a new trial, defendants appealed.
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Action in the district court for Hennepin county to recover onebalf the value of a party wall. The cause was tried before Lancaster, J., without a jury, who ordered judgment in favor of plaintiff for $236.75. From an order denying a motion for a new trial, defendants appealed. Where a common wall is erected by a tenant for years, although it may be a party wall as between themselves, it creates no easement binding upon the owner of the reversion in fee that can prevent such owner, when the term expires, from dealing with the property as if no such wall had been erected. Webster v. Stevens, 5…
1Opinion of the CourtMitchell, J.
The undisputed facts are that one Glessner was the owner of lot 8, and one Day of lot 9; the two lots being contiguous. In June, 1886, Glessner executed to the plaintiff a mortgage on lot 8.
In July, 1886, Glessner and Day entered into a party-wall contract by which it was agreed that Glessner, who was about to erect a building on lot 8, might build a wall on the line between the lots, one-half on his own lot, and one-half on Day’s lot; the basement of the wall to be 8-J feet high; Day, his heirs and assigns, to have the right at any time thereafter of joining to and using the wall, both above…
2Cases cited1 opinion
- Kimm v. GriffinSupreme Court of Minnesota · 1896
3Cited by5 opinions
- Pelser v. GingoldSupreme Court of Minnesota · 1943
- Adams v. NobleMichigan Supreme Court · 1899
- Hoffman v. DicksonWashington Supreme Court · 1907
- Hanson v. BeaulieuSupreme Court of Minnesota · 1920
- Hoquarton Co. v. WinslowOregon Supreme Court · 1939