Irwin v. Peterson

The defendant appeals from the judgment condemning him to pay the plaintiff $591 77, the value of half of a wall, which the defendant made a wall in common by using it to support his buildings in 1868.

The plaintiff joins in the appeal, and prays that the judgment be increased to the amount claimed in his petition ($1001 97).

The plaintiff acquired the property from E. E. Norton, assignee of Jacob Barker, who erected the wall in 1852. When the defendant, in 1868, made it a wall in common, he incurred the obligation to pay half of what was laid out in its construction. Asserting the right…