Gilbert v. Miller
Supreme Court of Iowa
Appeal from Black Hawk District Court. — Hon. John J. Net, Judge. Action to recover half the value of a party wall built by the plaintiff on a line between the lots of plaintiff and defendant, and subsequently used by the defendant. The defendant, answering, denied indebtedness to the plaintiff, and pleaded a counterclaim for damages accruing to him by reason of the faulty construction of the wall.
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Appeal from Black Hawk District Court. — Hon. John J. Net, Judge. Action to recover half the value of a party wall built by the plaintiff on a line between the lots of plaintiff and defendant, and subsequently used by the defendant. The defendant, answering, denied indebtedness to the plaintiff, and pleaded a counterclaim for damages accruing to him by reason of the faulty construction of the wall. The cause was submitted to the court without a jury, and a judgment' was ■entered against each party, each being adjudged to pay the costs made by him. Each party appeals. The plaintiff, first…
1Opinion of the Court
Beck, O. J.
I. The petition alleges that the plaintiff, in erecting -an addition in the rear of a three-story brick building owned by him, built a party wall on the division of his lot, resting one-half on his land and one-half on the adjoining lot of defendant, and that defendant subsequently built an addition to his building adjoining plaintiff’s front building, which extends along plaintiff’s line, and in so doing ■used the party wall erected by the plaintiff. The defendant denies that the wall in question rests one-half on plaintiff’s land and ■alleges that it rests more than one-half on…
2Cited by1 opinion
- J. V. Farwell Co. v. ZenorSupreme Court of Iowa · 1895