Moye v. Morrison

Opinion by

Porter, J.,

The plaintiff in this action of assumpsit seeks to recover of the defendant, under the provisions of the Act of February 24, 1721, 2 Sm. Laws 124, for the use of a portion of a party wall, erected between their adjoining properties. The pleadings, which were offered in evidence, established that the wall in question was a party wall, and the only question at issue was whether the defendant had used a portipn of the wall in the erection of a new structure upon her property. The opinion of Judge Audenried, of the court below, which appears in the report of this case, fully…