Page v. Lydic

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs commenced this action to enjoin the defendant from constructing a partition wall in a stairway in a building, part of which was owned by the plaintiffs and the other *123part of which was owned by the defendant. Judgment was rendered in favor of the plaintiffs, and the defendant 'appeals.

The court made findings of fact as follows:

“The court . . . being fully and duly advised in the premises finds that all the material allegations in plaintiffs’ petition, and reply are true; that the hall and stairway described in plaintiffs’…