Deere, Wells & Co. v. Weir-Shugart Co.
Supreme Court of Iowa
Appeal from Council Bluffs Superior Court. — Hon. J. E,. F. McG-ee, Judge. Action at law to recover one half of the value of a. wall, and for its use. There was a trial by the court without the aid of a jury, and a judgment for the-plaintiff. The defendant appeals.
1Opinion of the CourtKobinson, J.
*4231 2 *424S *422The parties to this action own adjoining lots in the city of Council Bluffs. The plain*423tiff .constructed upon its lot, and now occupies, a three-story brick building, the south half of the south wall ■of which was built on the lot now owned by defendant. At that time, it was owned by Shugart, Waite & Weir, who thereafter erected upon it a two-story frame warehouse. They were succeeded in .the ownership of the lot and business by the defendant, by whom the warehouse is now occupied. It is claimed by the plaintiff ■that the south wall of its building is a party wall, for the use and one…
2Cases cited2 opinions
- Sheldon Bank v. RoyceSupreme Court of Iowa · 1892
- Nolan v. MendereTexas Supreme Court · 1890
3Cited by5 opinions
- Beggs v. DulingSupreme Court of Iowa · 1897
- Conner v. JoyCourt of Appeals of Texas · 1912
- Huston v. deZengMissouri Court of Appeals · 1899
- Pier v. SalotSupreme Court of Iowa · 1907
- Younker v. McCutchenSupreme Court of Iowa · 1916