Dannaker v. Riley
Supreme Court of Pennsylvania
Error, to the District Court, Philadelphia. This was a suit by Joseph S. Riley against Dannaker, to be paid for the half of a party wall on the north side of a house, No. 139 N. Third street, Philadelphia.
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Error, to the District Court, Philadelphia. This was a suit by Joseph S. Riley against Dannaker, to be paid for the half of a party wall on the north side of a house, No. 139 N. Third street, Philadelphia. This party wall was not, originally, built by Riley, but was extended by him, during his ownership, via. during 1832. In that year, Riley purchased the house from the heirs of Myers. 18th Sept. 1835, J. S. Riley conveyed this house to William Patten, by deed, not mentioning or reserving the party wall. 4th March, 1843, J. S. Riley made a general assignment to his son, J. S. Riley, Jr., in…
1Opinion of the Court
The opinion of the court was delivered by
Burnside, J.
— The act of 24th Feb. 1721, Dunlop, 2d edition, 72, provides that the foundation shall be laid equally upon the lands of the persons between whom a party wall is to be made, and directs, that “the first builder shall be reimbursed one moiety of the charge of such party wall, or for so much thereof as the next builder shall have occasion to make use of, before such next builder shall any ways use or break into the said wall.” So the law stood until the passage of the act of 10th April, 1849, a period of more than three-quarters of a…
2Cases cited1 opinion
3Cited by2 opinions
- Voight v. WallaceSupreme Court of Pennsylvania · 1897
- Pfrommer v. TaylorSuperior Court of Delaware · 1913