Bertram v. Curtis
Supreme Court of Iowa
Appeal from Lee Circuit Court. Action in equity to foreclose a mortgage made by defendant to plaintiff, upon tbe easterly half of lot 4, block 65, city of Keokuk, to secure a note given in part consideration of its purchase.
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Appeal from Lee Circuit Court. Action in equity to foreclose a mortgage made by defendant to plaintiff, upon tbe easterly half of lot 4, block 65, city of Keokuk, to secure a note given in part consideration of its purchase. Tbe defendant claims a set-off for $656.70, for that plaintiff conveyed said lot to him with covenants of warranty against incumbrances, etc.; and at tbe time of sale and conveyance there was a large brick building, known as the Estes House, standing on tbe adjoining lots, 1, 2 and 3, with one-half the westerly wall thereof on lot 4, having been so constructed under the…
1Opinion of the CourtCole, J.
1. conveybramU pmtywalL — The single question presented by this appeal is, whether the resting of one-half of a neighbor’s wall upon the contiguous vacant lot constitutes an incumbrance on the lot, so that the vendor would be liable to the vendee, in the absence of stipulation or representation in respect of it? We unite in holding that it does not.
If no half-wall was resting upon it at the time of sale and conveyance, the owner of the contiguous lot might, under our statute, construct and rest it thereon the very next day, without any liability to the purchaser and then owner. This right to…
2Cases cited1 opinion
- Thomson v. CurtisSupreme Court of Iowa · 1869
3Cited by9 opinions
- Conduitt v. RossIndiana Supreme Court · 1885
- Everett v. EdwardsMassachusetts Supreme Judicial Court · 1889
- Burr v. LamasterNebraska Supreme Court · 1890
- Ensign v. ColtSupreme Court of Connecticut · 1902
- Molony v. DixonSupreme Court of Iowa · 1884
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