Legal Opinion

Binder v. Weinberg

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 5 opinions

From tbe chancery court of Washington county. JIon. M. E. Denton, Chancellor. Binder, appellant, was complainant in the court below, and Weinberg, appellee, was defendant there.

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From tbe chancery court of Washington county. JIon. M. E. Denton, Chancellor. Binder, appellant, was complainant in the court below, and Weinberg, appellee, was defendant there. From a decree in defendant’s favor complainant appealed to the supreme court The opinion of the court states the facts. • Whether the wall is a party wall is a question of fact and not of law. 6 Lawson’s Bights and Practice, § 2789. Under the facts in evidence, it must be held that the wall here in question is a party wall, since a wall built upon the dividing line of two separate properties, and partly upon each is a…

1Opinion of the Court

Whitfield, C. J.,

delivered the'opinion of the court.

The facts in this case are substantially as follows: That complainant and appellee’s remote vendor, E. J. Butler, in the year 1900, orally agreed to erect on two contiguous lots a two-story brick building as one structure under one common plan; that this common plan provided, among other things, that over the common boundary line between the lots there should be constructed a party wall, extending the entire length of the structure; that over this party wall there should be a common hallway, extending the entire length of the structure, to…

2Cases cited2 opinions

  1. Pierce v. Cleland, Pennsylvania Court of Common Pleas, Lackawanna County1890
  2. Bonelli Bros. v. BlakemoreMississippi Supreme Court · 1888

3Cited by5 opinions

  1. Packard v. . SmartSupreme Court of North Carolina · 1944
  2. Packard v. SmartSupreme Court of North Carolina · 1944
  3. Monroe Bowling Lanes v. Woodsfield Livestock SalesOhio Court of Appeals · 1969
  4. Reid v. HorneMississippi Supreme Court · 1966
  5. Nelson v. NelsonMississippi Supreme Court · 1942

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