Reid v. . King
Supreme Court of North Carolina
Appeal from Justice, J., at July Special Term, 1911, of RutJIEREORD. This action was brought by the plaintiff to recover one-half the cost of erecting a party wall on the line dividing the lots of the parties.
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Appeal from Justice, J., at July Special Term, 1911, of RutJIEREORD. This action was brought by the plaintiff to recover one-half the cost of erecting a party wall on the line dividing the lots of the parties. The following are the facts, as gathered from the pleadings and proofs: In 1904 the plaintiff and one Edward Thompson were the owners of adjoining lots in the town of Forest City, N. C. The plaintiff, in 1905, erected a two-story brick building on his lot in such manner that the eastern wall thereof rested one-half on his lot and the other half on the lot of Thompson; at the time…
1Opinion of the Court
'Walkeb, J.,
after stating tbe facts: It has generally been held in cases of this kind that there can be no recovery ai law for tbe use of a party wall, built by one of tbe adjoining proprietors, against tbe other, but tbe remedy must be sought in a court of equity. Tbe governing principle is nowhere better expressed than by Chancellor Kent in tbe leading case of Campbell v. Messier, 4 Johns. Ch. (N. Y.), 334. It will be well to state tbe facts before referring directly to tbe opinion of tbe Court: Two parties living in tbe city of New York, on adjacent lots and having on tbe common "line of…
2Cases cited10 opinions
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Pitt v. . MooreSupreme Court of North Carolina · 1888
- Rindge v. . BakerNew York Court of Appeals · 1874
- Richardson v. TobeyMassachusetts Supreme Judicial Court · 1877
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
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3Cited by4 opinions
- Packard v. . SmartSupreme Court of North Carolina · 1944
- Ferrell v. Durham Bank & Trust Co.Supreme Court of North Carolina · 1942
- Packard v. SmartSupreme Court of North Carolina · 1944
- George v. . SmathersSupreme Court of North Carolina · 1930