Dorsey v. Habersack
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The first four prayers offered by the plaintiff at the trial are not material to the questions discussed on appeal.
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Appeal from the Court of Common Pleas. The first four prayers offered by the plaintiff at the trial are not material to the questions discussed on appeal. The plaintiff’s other prayers were as follows : Plaintiff’s fth Prayer.—That even if the jury find that the deed of the 15th June, 1894, is the deed of the plaintiff, yet, if the jury find that the defendant built on top of the west wall of the plaintiff’s house a wall two or three feet in height and extended the materials of said wall so built by him over the whole thickness of the plaintiff’s said west wall for its whole length and built…
1Opinion of the CourtBoyd, J.
The appellee was the owner of a house and lot in the city of Baltimore which adjoined a vacant lot owned by the appellant which he was about to improve. Some negotiations for the use of the wall of the appellee’s house resulted in the execution of an agreement under seal between them, which was acknowledged and recorded in the Land Records of Baltimore City. After reciting the ownership of the respective properties, Mr. Dorsey’s desire to build a three-story brick building and that he “ has agreed to purchase the right to use the westernmost wall of said Habersack’s house as a party or…
2Cases cited1 opinion
- Brown v. WernerCourt of Appeals of Maryland · 1874
3Cited by6 opinions
- United Railways & Electric Co. v. DeanCourt of Appeals of Maryland · 1912
- Svea Assurance Co. v. PackhamCourt of Appeals of Maryland · 1901
- Howard v. Illinois Trust & Savings BankIllinois Supreme Court · 1901
- Sorensen v. J. H. Lawrence Co.Court of Appeals of Maryland · 1997
- Coggins Owens v. CareyCourt of Appeals of Maryland · 1907
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