Barr v. Lamaster
Nebraska Supreme Court
Appeal from tbe district court of Lancaster county. Heard below before Hall, J. Tbe opinion contains a statement of tbe case. There can be no partition of property owned in sever-alty.
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Appeal from tbe district court of Lancaster county. Heard below before Hall, J. Tbe opinion contains a statement of tbe case. There can be no partition of property owned in sever-alty. (Anderson School Township v. Milroy Lodge, 180 Ind., 108; Johnson v. Moser, 72 la., 523; Hurste v. Hotaling, 20 Neb., 178.) Lamaster granted tbe easement in that part of tbe ballway and skylight situated on bis lot, freely and voluntarily, and for a valuable consideration, namely, tbe grant to him of a cross-easement in that part of the hallway and skylight situated on Barr’s lot. That easement is Barr’s…
1Opinion of the CourtPost, C. J.
In the month of May, 1887, the plaintiff and defendant, being the owners in severalty of adjoining inside lots in the city of Lincoln, and being desirous of improving the same, mutually agreed to so build thereon as to have the entrance, hallways, and skylight in common, thus saving valuable space to each. It was further agreed that the two buildings should be heated as one, and by means of a single furnace. Pursuant to such agreement, three-*116story brick buildings were erected on the. lots mentioned, separated by a partition wall one story in height, the upper halls, or courts, being reached…
2Cases cited8 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- McMillan v. . CroninNew York Court of Appeals · 1878
- Henry v. KochCourt of Appeals of Kentucky · 1882
- Hurste v. HotalingNebraska Supreme Court · 1886
- McConnel v. KibbeIllinois Supreme Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ricenbaw v. KrausNebraska Supreme Court · 1953
- Agnew v. City of Pawnee CityNebraska Supreme Court · 1907
- Johnson v. MeiersMontana Supreme Court · 1946
- Phillips v. DorrisNebraska Supreme Court · 1898
- First Investment Co. v. State Fire MarshalNebraska Supreme Court · 1963
9 more not listed; retrieve them via the Exa API.