Huston v. deZeng
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. E. L. S oarritt, Judge. (1) To determine whether “openings” made in the party wall by Woolf, the common tenant of deZeng and Huston, is a use of said wall, it is necessary to consider carefully tbe meaning of tbe phrase “party wall.” Yolmer’s Appeal, 61 Pa.
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Appeal from the Jaclcson Circuit Court. — Hon. E. L. S oarritt, Judge. (1) To determine whether “openings” made in the party wall by Woolf, the common tenant of deZeng and Huston, is a use of said wall, it is necessary to consider carefully tbe meaning of tbe phrase “party wall.” Yolmer’s Appeal, 61 Pa. St. 118; Jones on Easements, sec. 691; St. John v. Sweeney, 59 Howard’s Practice, 175; Normile v. Gill, 34 N. E. Rep. 543; 159 Mass. 427. “By usage, the words ‘party wall’ and ‘partition’ have come to mean a ‘solid wall.’ ” Jones on Easements, sec. 687, p. 552, note 1, 688; ITarber v. Evans,…
1Opinion of the CourtSmith, P. J.
*525Statement. *524Plaintiffs and defendant, in the year 1889, owned, and since then up to the present time have continued to own, adjoining lots in Kansas City, Missouri. The *525lot of plaintiffs is located at the northeast corner of Twelfth and Charlotte streets, and extends north of Twelfth street one hundred and eighteen feQt. Defendant’s lot adjoins on the east and extends north of Twelfth street ninety-three feet. On defendant’s lot was a two story brick business building, extending from Twelfth street north fifty-five feet, with a small brick addition in its rear.
On May 22, 1889, plaintiffs made…
2Cases cited11 opinions
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
- Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- Graves v. SmithSupreme Court of Alabama · 1888
- Padley v. CatterlinMissouri Court of Appeals · 1896
- Harber v. EvansSupreme Court of Missouri · 1890
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3Cited by2 opinions
- Reinhardt v. HolmesMissouri Court of Appeals · 1910
- Hamra v. SimpsonMissouri Court of Appeals · 1937