Legal Opinion

Spaulding v. Grundy

Court of Appeals of Kentucky

Decided September 27, 1907PublishedCited by 9 opinions

CASE 57. — ACTION BY - S. B. & C. C. SPAULDING AGAINST A. J. GRUNDY TO RECOVER ONE-HALF THE VALUE OF A PARTY WALL. — Appeal from. Marion Circuit Court. I. H. Thurman, Circuit Judge. From a judgment sustaining a demurrer to plaintiffs’ petition they appeal — The builder of a wall owned it all and could have removed it, or hisi vendees could have removed it, without question as to their right to do so, at any time before it was actually used by appellee Grundy.

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CASE 57. — ACTION BY - S. B. & C. C. SPAULDING AGAINST A. J. GRUNDY TO RECOVER ONE-HALF THE VALUE OF A PARTY WALL. — Appeal from. Marion Circuit Court. I. H. Thurman, Circuit Judge. From a judgment sustaining a demurrer to plaintiffs’ petition they appeal — The builder of a wall owned it all and could have removed it, or hisi vendees could have removed it, without question as to their right to do so, at any time before it was actually used by appellee Grundy. Appellee builds to it. ' He thus appropriates to himself, not only that parti of the wall standing on his own ground, hut deprives…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Reversing.

Appellants are the owners of a lot, with a store building thereon, in the city -of Lebanon. Appellee owns the adjoining lot. Both lots were formerly owned by one Ben Spalding, and the parties to this litigation acquired their respective lots by various conveyances. For a eonsderable time, the buildings oh both lots extended back the same distance from Main street; the dividing wall between them being recognized as a joint or partnership wall. After-wards, appellants’ vendors increased the depth of their store building by extending the division…

2Cases cited1 opinion

  1. Day v. CatonMassachusetts Supreme Judicial Court · 1876

3Cited by9 opinions

  1. Packard v. . SmartSupreme Court of North Carolina · 1944
  2. Packard v. SmartSupreme Court of North Carolina · 1944
  3. Bright v. Bacon & SonsCourt of Appeals of Kentucky · 1909
  4. Citizens' Fire Ins. v. LockridgeCourt of Appeals of Kentucky · 1909
  5. Sejnoha v. BuchananSouth Dakota Supreme Court · 1946

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