Holden v. Gibson
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. On the third day of July, 1872, Charles C. P. Holden and Thomas IÍ.
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Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. On the third day of July, 1872, Charles C. P. Holden and Thomas IÍ. Armstrong, the former being the owner in fee of lot twelve, and the latter of the adjoin "ng lot eleven in ¡Rogers’ subdivision, etc., in Chicago, executed, under their hands and seals, the following party wall agreement: “ This agreement, made this third day of July, A. D. 1872, between Charles C. P. Holden and Thomas IÍ. Armstrong, of the city of Chicago, in Cook county, in the State of Illinois, witnessetli, that, whereas, said Holden…
1Opinion of the CourtBailey, J.
The only question in this case is, whether, under the party wall agreement between Holden and Armstrong, the right to compensation for one half of the cost of the party wall was personal to'Holden, or passed by his grant of lot twelve to the appellee. There can be no doubt that the covenant to pay for one half of the wall before using it, was a covenant running with Armstrong’s lot, lot eleven, so as to become obligatory upon Kedzie, his grantee. This" is settled by the case of Roche v. Ullman, 104 Ill. 11, where this precise question was decided, and the rule there laid down is not…
2Cases cited6 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Ingals v. PlamondonIllinois Supreme Court · 1874
- Roche v. UllmanIllinois Supreme Court · 1882
- Weyman's Executors v. RingoldNew York Surrogate's Court · 1849
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