McMinn v. Karter
Supreme Court of Alabama
Appeal from the Chancery Court of Cullman. Heard before the Hon..W. H. Simpson. The bill in this case was filed on the 25th day of September, 1896, by the appellant, James A. McMinn, and seeks to enjoin the respondent, Mary B. Karter, from cutting openings or apertures in a party wall; the respondent desiring to erect a frame building on the lot adjoining the building of complainant, and to join her building to the party wall by cutting apertures in the same for joists and…
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Appeal from the Chancery Court of Cullman. Heard before the Hon..W. H. Simpson. The bill in this case was filed on the 25th day of September, 1896, by the appellant, James A. McMinn, and seeks to enjoin the respondent, Mary B. Karter, from cutting openings or apertures in a party wall; the respondent desiring to erect a frame building on the lot adjoining the building of complainant, and to join her building to the party wall by cutting apertures in the same for joists and sleepers, all along the full length of the party wall, at the depth of six inches and from nine to twelve inches apart,…
1Opinion of the CourtMcCLELLAN, J.
The wall involved in this case having been erected on the line between the lots of McMinn and Parker, with one-half of it resting upon the ' land of each, and at the joint expense of the coterminous proprietors, was as much the property of Parker as of McMinn, and is now- as much the property of respondent, who has succeeded to Parker’s rights and title, as it is of the complainant, McMinn. Its sole value to Parker and to liis successors in estate lay in his and their right to join any building he or they might thereafter 'erect on the adjacent lot on to it and to use it as the wall of such…
2Cases cited1 opinion
- Wilkinson, Banks & Co. v. BusterSupreme Court of Alabama · 1896
3Cited by4 opinions
- McMinn v. KarterSupreme Court of Alabama · 1898
- Nabers v. WiseSupreme Court of Alabama · 1941
- Lederer & Strauss v. Colonial Investment Co.Supreme Court of Iowa · 1906
- McCraw v. DavenportSupreme Court of Alabama · 1939