Wakeling v. Cocker
Supreme Court of Pennsylvania
Appeal, No. 8, Jan. T., 1904, by plaintiff, from decree of C. P. No. 4, Phila. Co., Dec. T., 1901, No. 2215, dismissing bill in equity in case of Samuel Wake-ling v. Edwin F. Cocker., Bill in equity to compel tbe restoration of a wall. The facts are stated in the opinion of the Supreme Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Per Curiam,
In January, 1893, the plaintiff became the owner of lot No. 4523 on Frankford avenue, Philadelphia, having upon it a three story brick dwelling house. In the month of February following the defendant became the owner of adjoining lot No. 4527 having upon it a two story dwelling house. The two buildings had been erected in the year 1832, and were divided by a party wall nine inches thick built equally on each lot. In August, 1901, defendant contracted with one George Gray to take down his old building and erect a new one. The plans and specifications of the contract provided for the…
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