Richardson v. Perillat's Executors
Supreme Court of Louisiana
APPEAL PROM THE COURT OP PROBATES POR THE PARISH AND CITY OP' NEW-ORLEANS. The vendor of the plaintiff, erected a partition wall, between himself and the defendants’ testator, and this suit was brought to recover half its value. The defendants pleaded the general issue, and set up a claim in reconvention for the value of an old wall which had been demolished.
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APPEAL PROM THE COURT OP PROBATES POR THE PARISH AND CITY OP' NEW-ORLEANS. The vendor of the plaintiff, erected a partition wall, between himself and the defendants’ testator, and this suit was brought to recover half its value. The defendants pleaded the general issue, and set up a claim in reconvention for the value of an old wall which had been demolished. The evidence showed that the old wall (which was wholly on the testator’s lot) was decomposed by fire, and insufficient to form the foundation of a building. Whereupon the plaintiff’s vendor caused it to be destroyed, without the consent…
1Opinion of the CourtMartin, J.
*209The plaintiff claims the one-half of the value of a partition ■wall, built by his vendor, one half upon his own ground and the other on the defendants’ testator, the wall having been used and builtiipon by the latter.
The general issue was pleaded, and one hundred dollars were claimed in re-convention by the executors, for the price of a wall, the property of the testator, which the plaintiff pulled down. ,
There was judgment for the plaintiff, and a judgment of non-suit on the defendant’s claim in re-convention; the court being of opinion, there was no proof of the value of the demolished…
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