White v. Snyder
Pennsylvania Court of Common Pleas, Philadelphia County
THIS suit was brought for the sum of $174 03, with interest from August 3d, 1831, for a moiety of a party wall between the premises of the plaintiff and defendant. Anthony Chardon, by deed dated the 1st of April, A. D. 1836, conveyed certain premises (including the party wall in question) to the plaintiff in fee. Recorded G. W. R., No. 12, 251, &c.
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THIS suit was brought for the sum of $174 03, with interest from August 3d, 1831, for a moiety of a party wall between the premises of the plaintiff and defendant. Anthony Chardon, by deed dated the 1st of April, A. D. 1836, conveyed certain premises (including the party wall in question) to the plaintiff in fee. Recorded G. W. R., No. 12, 251, &c. William Hamilton et al. by deed dated 23d of December, 1809, conveyed certain property adjoining the above to Joseph Snyder in fee. In 1831, the defendant built the house adjoining the property of the plaintiff, and used the party wall of the…
1Opinion of the Court
Per Curiam.—In
Oat v. Middleton, and Norris v. Adams,a we decided that in order to establish a claim for the moiety of the cost of a party wall, the plaintiff must show that the owners stood in the relation of party and party at the time the wall was built. In this case there were, undoubtedly, different owners of the two lots, and therefore parlies. But the claim for a reimbursement of the moiety of the cost of the party wall is not a lien on the land, but only a personal charge against the builder of the second house, (1 Dall. 341; 5 S. & R. 1.) The legal personal right to be enforced in…
2Cases cited1 opinion
- Ingles v. BringhurstSupreme Court of the United States · 1788
3Cited by4 opinions
- Ingles v. BringhurstSupreme Court of the United States · 1788
- Burlock v. PeckThe Superior Court of New York City · 1853
- Dannaker v. RileySupreme Court of Pennsylvania · 1850
- Todd v. StokesSupreme Court of Pennsylvania · 1848