Hruska v. Rate Estate
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court.- — Atherton B. Clark, Judge. Action at law, to recover one half the value of a party wall. Verdict and judgment for plaintiffs. Defendants appeal. —
1Opinion of the CourtStevens, C. J.
— Plaintiffs are the owners of a lot in Cedar Rapids, upon which their grantors in 1885 erected a brick wall, one half of which rests upon an adjoining lot. The wall was not used by the adjoining owner until in 1917. The petition is in the usual form of an action of this kind. The answer admits the ownership of, the lots as alleged, denies that any part of the wall was erected on plaintiffs’ property and ayers that defendants’ grantors used said wall from and after the date of its erection.
Plaintiffs, by way of reply, alleged that it was orally agreed between plaintiffs and defendants’…
2Cases cited5 opinions
- Wickersham v. OrrSupreme Court of Iowa · 1859
- Howell v. GossSupreme Court of Iowa · 1905
- Pier v. SalotSupreme Court of Iowa · 1907
- Price v. LienSupreme Court of Iowa · 1892
- Younker v. McCutchenSupreme Court of Iowa · 1916
3Cited by1 opinion
- Corcoran v. City of Des MoinesSupreme Court of Iowa · 1927