Thomson v. Curtis
Supreme Court of Iowa
Appeal from the District Court of Lee Co'unty. Action to recover for one-half the value of a partition wall from the defendant J. L. Curtis, who had used the same as a wall, and for support of his building. Bufus Wilsey intervened, and claimed to recover for the wall, in liis own right.
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Appeal from the District Court of Lee Co'unty. Action to recover for one-half the value of a partition wall from the defendant J. L. Curtis, who had used the same as a wall, and for support of his building. Bufus Wilsey intervened, and claimed to recover for the wall, in liis own right. The action was tried to the court, and judgment rendered against the defendant Curtis and in favor of Wilsey, the intervenor, for the sum of $555.87, as being the one-half value of the wall used by Curtis ; and the plaintiffs’ petition was dismissed, with costs. The plaintiffs appeal. The further facts are…
1Opinion of the CourtCole, J.
Bufus Wilsey was the owner of lots one, two and three, in block sixty-five, in Keokuk, and while such owner he built thereon a large five-story brick building, *231known as the Estes House. The west wall was built one-half on the lot adjoining, then owned by one Bertram. Wilsey afterward sold the property to Hornish, and took a trust deed upon it to secure the deferred 'payments; the property was afterward sold under the trust deed, and plaintiffs, J. Edgar Thompson and Wm. kl. Watts, became the purchasers and owners. Bertram afterward sold the east half of lot four to the defendant J. L. Curtis,…
2Cases cited1 opinion
- Durel v. BoisblancSupreme Court of Louisiana · 1846
3Cited by10 opinions
- Conduitt v. RossIndiana Supreme Court · 1885
- Sullivan v. GraffortSupreme Court of Iowa · 1872
- Bertram v. CurtisSupreme Court of Iowa · 1870
- Hoffman v. DicksonWashington Supreme Court · 1907
- Lederer & Strauss v. Colonial Investment Co.Supreme Court of Iowa · 1906
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