Howze v. Whitehead
Mississippi Supreme Court
From the circuit court of Montgomery county. Hon. J. T. Dunn, Judge. Mrs. Howze, appellant, was plaintiff in the court below; Whitehead, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. Appellant’s declaration alleged that she was the owner of a brick storehouse in the town of Winona, erected in 1868 by one Devlin and which was one hundred and twenty feet in length.
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From the circuit court of Montgomery county. Hon. J. T. Dunn, Judge. Mrs. Howze, appellant, was plaintiff in the court below; Whitehead, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. Appellant’s declaration alleged that she was the owner of a brick storehouse in the town of Winona, erected in 1868 by one Devlin and which was one hundred and twenty feet in length. This storehouse was just south of and adjoining another brick storehouse built by one Moore, eighty feet in length. In the construction of the Devlin house, the south…
1Opinion of the CourtCalhoon, J.
We are unable to see in the record any valid reason why Whitehead is not liable at law for contribution to the expense *582of tbe erection by Mrs. Howze óf a party wall. Whitehead joined in the party wall, having previously declined contribution on the sole ground that he did not then desire to rebuild and did not know when he might so desire, making no intimation of any right in him toi join in the wall. This wall had been one-hundred and twenty feet long. The Moore property adjoined one side of it for forty feet. This condition of things had been in existence for a great number of years. This…
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