Bisquay v. Jeunelot
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Assumpsit, by the defendant against the plaintiffs in error. Upon the trial, it appeared, that the defendant built a house against the gable end of one, previously erected by the plaintiff ; running up a nine inch wall for the first'story, and using the gable end of plaintiff’s house, for the second story, and garret; that the house of defendant would fall down, if that of the plaintiff was removed. ” The court charged, that if the…
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Error to the Circuit Court of Mobile. Assumpsit, by the defendant against the plaintiffs in error. Upon the trial, it appeared, that the defendant built a house against the gable end of one, previously erected by the plaintiff ; running up a nine inch wall for the first'story, and using the gable end of plaintiff’s house, for the second story, and garret; that the house of defendant would fall down, if that of the plaintiff was removed. ” The court charged, that if the defendant used the gable end of plaintiff’s house, by erecting a house, or shed against it, that the plaintiff was entitled…
1Opinion of the CourtOrmond, J.
This is an action assumpsit, to recover damages for the use, by the defendant, of the wall of the plaintiff's house, in the construction of the house of the de-defendant. The counsel for the defendant contends, that the right to use another man’s wall, in the construction of a house on his own land, is derived from the principles of the civil law, and is called the right of support, which he admits can be obtained by grants or prescriptions only. [3 Kent’s Com, 436-6.]
Conceding this to be the rule of the civil law, as it doubtless is, it must, as is admitted, depend upon the-stipulation of…
2Cited by5 opinions
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