Davis v. Grailhe

Plaintiff sues to recover from defendant the value of one-half of a party-wall, with interest from the 1st of October, 1856, the day tho latter exercised the right of mating petitioner’s wall one in common.

Defendant knew, when he commenced building his house, that more than one-half of the wall built by plaintiff was on this land. He was also present when the wall was being erected, and made no objection.

Plaintiff appears to have acted in good faith.

The District Court was of opinion that the defendant was liable for one-half of the cost of the wall, without prejudice to the ownership of the…