Allen v. Evans
Massachusetts Supreme Judicial Court
Contract, to recover for the use of a party wall. Writ dated February 16, 1892. The first count of the declaration alleged that prior to 1822 Samuel G-. Perkins, who was the owner of two adjoining lots of land on Bedford Street in the city of Boston, built houses thereon with a party wall between them; that he afterward sold them to different purchasers, in each deed the boundary line between the houses being described as “ a line running through the middle of said partition…
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Contract, to recover for the use of a party wall. Writ dated February 16, 1892. The first count of the declaration alleged that prior to 1822 Samuel G-. Perkins, who was the owner of two adjoining lots of land on Bedford Street in the city of Boston, built houses thereon with a party wall between them; that he afterward sold them to different purchasers, in each deed the boundary line between the houses being described as “ a line running through the middle of said partition wall”; that in 1870 one of the lots was conveyed to the Union Institution for Savings, which at its own expense…
1Opinion of the CourtAllen, J.
The original owner of two adjoining lots built houses thereon with a party wall between them, and afterwards sold the two houses to different purchasers, imposing no obligation upon either purchaser in respect to the party wall. A predecessor in title of the plaintiff, being the owner of one of the lots, strengthened the foundation and built the party wall higher. The defendants, owning the adjoining lot, built their house higher, and used the wall so built by the plaintiff’s predecessor in title. After this had been done, the plaintiff bought his lot and now seeks to make the defendants pay…
2Cases cited6 opinions
- Brooks v. . CurtisNew York Court of Appeals · 1873
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Richardson v. TobeyMassachusetts Supreme Judicial Court · 1877
- Standish v. LawrenceMassachusetts Supreme Judicial Court · 1872
- Joy v. Boston Penny Savings BankMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fleming v. CohenMassachusetts Supreme Judicial Court · 1904
- Walker v. StetsonMassachusetts Supreme Judicial Court · 1894
- Fowler v. KoehlerCourt of Appeals for the D.C. Circuit · 1915
- Schmidt v. LewisNew Jersey Court of Chancery · 1902
- Long v. SmyreSupreme Court of Kansas · 1912