Pier v. Salot
Supreme Court of Iowa
On rehearing. Action in equity to enjoin defendant from closing the chimneys in a partition wall. The defendant answered in denial and by cross-petition alleged that the partition wall had been erected by himself, and that plaintiff had made use of it without paying therefor, for which he asked an accounting.
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On rehearing. Action in equity to enjoin defendant from closing the chimneys in a partition wall. The defendant answered in denial and by cross-petition alleged that the partition wall had been erected by himself, and that plaintiff had made use of it without paying therefor, for which he asked an accounting. He also pleaded a counterclaim for damage done to his wall by reason of plaintiff’s negligence in erecting and maintaining a roof on his own building, which east the water falling thereon against said wall. Plaintiff denied the cross-demand, and pleaded the statute of limitations. The…
1Opinion of the CourtWeaver, C. J.
Plaintiff and defendant have for many years owned adjoining lots in the city of Dubuque. Prior to the year 1888, plaintiff had erected and maintained on his lot a two-story frame building, the porch of which extended to or very near the division line between the respective premises. In the year named defendant improved his lot by erecting a brick building covering the full width of the same. The partition wall, eighteen inches in 'thickness in the cellar and twelve inches in thickness in the' superstructure, was laid one-half either side of the partition line. To accommodate this structure,…
2Cases cited8 opinions
- Wickersham v. OrrSupreme Court of Iowa · 1859
- Swift v. CalnanSupreme Court of Iowa · 1897
- Crapo v. CameronSupreme Court of Iowa · 1883
- Howell v. GossSupreme Court of Iowa · 1905
- Molony v. DixonSupreme Court of Iowa · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hruska v. Rate EstateSupreme Court of Iowa · 1922