J. C. Penney Co. v. McCarthy

This action deals with the reciprocal rights and duties of owners of adjoining real- estate in relation to a party wall between two pieces of real estate fronting on the south side of Main Street in Vincennes, Indiana.

The real estate in question is known as a part of lot 126, in said city. Appellee Eluere owns the west part of said lot, and appellant J. C. Penney Company owns the east part of said lot. There was a store building on the east tract separated from the one on the west tract by a brick wall either on or near the dividing line, which wall was an integral part of both buildings.

The…