Simmons v. Hall

J. W. W. Simmons brought a suit against F. S. Hall, alleging that the defendant is erecting a building adjacent to a wall owned by the plaintiff, and seeking to enjoin the defendant “from attaching to or adjoining plaintiff’s wall or in any way interfering with plaintiff’s property.” The court denied an interlocutory injunction, and the plaintiff excepted.

The defendant contended that he was entitled to attach to the wall the building being constructed by him, basing his claim on an instrument executed by a predecessor in title of the plaintiff and conveying such right to the defendant and…