Beggs v. Duling
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. George W. Wakefield, Judge. Action at law, to recover one-half the value of a party wall, erected by plaintiff, and thereafter used by the defendant. Defendant claims that he purchased the property occupied by him, after use had been made of the wall, without notice of any claim in plaintiff for the value thereof; and further pleads the statute of limitations. Trial to the court without a jury.
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Appeal from Woodbury District Court. — Hon. George W. Wakefield, Judge. Action at law, to recover one-half the value of a party wall, erected by plaintiff, and thereafter used by the defendant. Defendant claims that he purchased the property occupied by him, after use had been made of the wall, without notice of any claim in plaintiff for the value thereof; and further pleads the statute of limitations. Trial to the court without a jury. Judgment for plaintiff, and defendant appeals.—
1Opinion of the CourtDeemer, J.
— The parties to this controversy are the owners of adjacent lots. These lots are one hundred feet long. The lot now owned by appellant was formerly owned by one Bradley. Prior to the time plaintiff purchased his lot, Bradley had erected a two-story building covering the south fifty feet of his lot. In 1882, plaintiff constructed a brick building upon his lot, ninety feet long; the south fifty feet of which was of the same height as the Bradley building, and the north forty feet one story in height. As plaintiff used Bradley’s we%t wall, he paid him one-half the cost thereof, as by statute…
2Cases cited3 opinions
- Zugenbuhler v. GilliamSupreme Court of Iowa · 1856
- Deere, Wells & Co. v. Weir-Shugart Co.Supreme Court of Iowa · 1894
- Nolan v. MendereTexas Supreme Court · 1890
3Cited by5 opinions
- Capital City Investment Co. v. BurnhamSupreme Court of Iowa · 1909
- Monroe Lodge No. 8 v. Albia State BankSupreme Court of Iowa · 1900
- Percival v. Colonial Investment Co.Supreme Court of Iowa · 1908
- Younker v. McCutchenSupreme Court of Iowa · 1916
- Jones v. Fisher Realty Co.Indiana Court of Appeals · 1933