Wadleigh v. Cline

The defendants concede that ordinarily in the situation here the disputed property would be presumed a party wall in accordance with the general law. 69 C. J. S., Party Walls, ss. 3, 10. But they contend that the language of the deed, although obviously based upon a mistake of fact, compels a different conclusion. To reach this result we are asked to say that when the common owner of the property conveyed the brick block to the defendants’ predecessor in title, the parties intended that the grantor should deed without reservation a portion of the rear wall of the house which he retained…