Mitchell v. Bernstein

Taulane, J.,

This is a rule for judgment for want of a sufficient affidavit of defence.

The plaintiff was the owner of premises No. 4756 Chestnut Street, and in 1913 he conveyed said premises to James H. Van Buskirk, in fee, reserving in the deed unto himself, his heirs and assigns, the free use, right, liberty and privilege of the party-wall erected between premises No. 4756 Chestnut Street and the premises adjoining to the east thereof. The defendants became the owner of the adjoining premises, No. 4754 Chestnut Street, and in October, 1925, they used the party-wall between said premises and…