Wilkins v. Jewett

This is an action to recover one half the cost of a party wall. In 1873, the plaintiff made an agreement with one Matthews, who was then the owner of the equity of redemption of the defendant’s land, that the plaintiff might place one half of the division wall of his house on the defendant’s lot; and that Matthews would pay one half of the cost of the wall when he made use of it.

The defendant’s title is under the foreclosure of a mortgage ' existing at the time this agreement was made. The mortgagee was not a party to the agreement, and it is not contended that the defendant is bound by it.…