Jackson v. Bruns
Supreme Court of Iowa
Appeal from Keokuk District Court.— Hon. Byron W. Preston, Judge. Action in equity to compel defendant to repair a defective wall in a building of which defendant is the owner of the first story and the plaintiff the owner of the second story. After hearing the evidence the trial court dismissed plaintiff’s petition on the merits and rendered judgment for defendant. Plaintiff appeals.—
1Opinion of the CourtMcClain, C. J.
It appears from the evidence that in 1883 the defendant was the owner of the east one-third, and one John Stroup of the west two-thirds, of a 66-foot lot in the town of Pichland, and that each was proposing to erect a building on his portion of such lot. Thereupon some agreement was entered into (the exact terms not ap*617pearing in the record) by which defendant, who only needed a one-story building, should permit said Stroup to erect a second story over defendant’s building, as well as over tlio first story of his own building such second story to be used as a public hall. This arrangement was…
2Cases cited11 opinions
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Heartt v. . KrugerNew York Court of Appeals · 1890
- Loring v. BaconMassachusetts Supreme Judicial Court · 1808
- Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
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3Cited by8 opinions
- Bina v. BinaSupreme Court of Iowa · 1931
- First Investment Co. v. State Fire MarshalNebraska Supreme Court · 1963
- Olsen v. LohmanSupreme Court of Iowa · 1944
- Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921
- Paola Lodge No. 147, I.O.O.F. v. Bank of Knob NosterMissouri Court of Appeals · 1943
3 more not listed; retrieve them via the Exa API.