Reinhardt v. Holmes
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. B. Morrison, Special Judge. (1) The party wall agreement provided that the ownership in the party wall acquired by Fredricka D. Evans and Henry F. Evans, grantors of Swentzel, runs with the land, and thereby it became a part of the land covered by the description of lot 115 in block 8, McGee’s addition. These rights inured to the future owner or owners of the above named lot.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. E. B. Morrison, Special Judge. (1) The party wall agreement provided that the ownership in the party wall acquired by Fredricka D. Evans and Henry F. Evans, grantors of Swentzel, runs with the land, and thereby it became a part of the land covered by the description of lot 115 in block 8, McGee’s addition. These rights inured to the future owner or owners of the above named lot. See Exhibit 1, abstract 32-34; 30 Oyc. 794; Huston v. deZeng, 78 Mo. App. 531; Mickel v. York, 51 N. E. 848; Bagley v. Rose, 110 M’o. App. 344; 7 Cyc. 1044. (2) Swentzel…
1Opinion of the CourtJohnson, J.
Plaintiffs, tenants of defendant Swentzel, sued their landlord and defendant Holmes for damages to a stock of groceries caused by tbe fall of a party Avail OAvned by defendants >vho are adjoining property-owners. A trial to a jury resulted in a verdict and judgment against both defendants in tbe sum of five thousand dollars. Defendants appealed.
SAventzel owned a two-story brick business bouse in Kansas City and Holmes owned a five-story brick business bouse on tbe lot adjoining on tbe south. A *218party wall dividing the buildings was built on the line so that oue-haif of the Avail was on the…
2Cases cited6 opinions
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
- Henderson v. DavisMissouri Court of Appeals · 1898
- Fuller v. RoseMissouri Court of Appeals · 1905
- Pope v. BoyleSupreme Court of Missouri · 1889
- Deutsch v. AbelesMissouri Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. MurraySupreme Court of Missouri · 1982
- Thelin v. DownsSupreme Court of Connecticut · 1929
- Contemporary Management, Inc. v. 1007 Olive PartnershipMissouri Court of Appeals · 1988
- Bell v. WagnerMissouri Court of Appeals · 1944
- Thomson v. EhingerMissouri Court of Appeals · 1980