Bell v. Bronson
Supreme Court of Pennsylvania
Error to the Common Pleas, Philadelphia. This was an action by Charles F. Bronson against James Bell, to recover one half ‘of the cost of a party-wall in Philadelphia, which was used by Bell, but was claimed by Bronson under a conveyance of the house, of which it formed a part, from the first builder.
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Error to the Common Pleas, Philadelphia. This was an action by Charles F. Bronson against James Bell, to recover one half ‘of the cost of a party-wall in Philadelphia, which was used by Bell, but was claimed by Bronson under a conveyance of the house, of which it formed a part, from the first builder. The conveyance to Bronson was dated 7th June, 1847. The wall, however, was cut into by direction of Bell, after the passage of the Act of 1849. On the trial, the court below reserved the two following points: —1. Did the right to compensation for the use of the wall pass to the plaintiff by the…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, J.
The deed of June 7,1847, did not pass the right to compensation for the moiety of the party-wall, or for any other structure erected upon the adjoining lot. This was the construction of that deed, at the time it was executed, as settled by a long and uniform course of decision.
The people of this Commonwealth have a right to make their own contracts, and there is nothing in the Act of 10th April, 1849, which indicates any design on the part of their representatives, to usurp the power to include in the grant of 1847, a matter which the parties…
2Cited by1 opinion
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