McVey v. Durkin
Pennsylvania Court of Common Pleas, Philadelphia County
No. 182 January Term 1890, Sup. Ct.; court below, No. 698 June Term 1888, C. P. No. 2. On August 4,1888, Hugh McYey brought trespass against John Durkin, to recover damages for unlawfully tearing down a wall of defendant’s house. Issue.
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No. 182 January Term 1890, Sup. Ct.; court below, No. 698 June Term 1888, C. P. No. 2. On August 4,1888, Hugh McYey brought trespass against John Durkin, to recover damages for unlawfully tearing down a wall of defendant’s house. Issue. At the trial on October 30, 1889, the defence was made that the wall tom down by the defendant was a party wall, which had been condemned by the building inspectors, under the act of May 20, 1857, P. L. 590. The facts sufficiently appear in the opinion of the Supreme Court. The plaintiff claiming that the wall in controversy was wholly upon his lot and was not…
1Opinion of the Court
Opinion,
Mb. Justice Stebbett:
It appears that, in 1847, Robert H. Thomas, owner of lot fronting sixty feet on Centre street, erected thereon two adjoining houses, numbered 255 and 257. In May, 1848, he conveyed the house and lot No. 255, thirty feet front on Centre street by one hundred and fifteen feet in depth, to William Selzer, and in June, 1848, he conveyed the other house and lot, No. 257, also thirty feet front by one hundred and fifteen feet in depth, to Sarah Strouse. By sundry mesne conveyances, title to the former became vested in the plaintiff, and, by like assurances, the title to…
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