Lavillebeuvre v. Cosgrove

An important distinction between the present case and that of Jeannin v. DeBlanc, 11 An., 465, quoted by defendant, is, that the wall between the properties of plaintiff and defendant, is a wall in common. Through such a wall, one of the co-proprietors cannot make an opening without the consent of the other co-proprietor. C. C. 692.

But the defendant urges his right to the opening in question, upon the ground that the wall now held in common between himself and the plaintiff, was built by a person who was at the time the owner of lots on both sides of the wall; that the opening or window was…