Hoffman v. Kuhn
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. After the fire, the appellant had the right to remove the wall from his lot, the easement of the appellees therein having ceased.
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Appeal from the Chancery Court of Warren County. Hon. Upton M. Young, Chancellor. After the fire, the appellant had the right to remove the wall from his lot, the easement of the appellees therein having ceased. The easements which the owners of adjoining lots have in the party wall upon which their buildings rest last only so long as the buildings which were erected upon the wall under the agreement continue to exist, and remain fit for the use for which they were originally erected. When the buildings are destroyed, or rendered unfit for that use, these easements cease, and each proprietor…
1Opinion of the CourtChalmers, J.
The complainant and the defendants were the owners of adjoining lots in the city of Vicksburg, upon each of which stood brick buildings connected by a party wall, one half of which rested on either lot. The buildings had been so constructed more than twenty years before, by one who then owned both lots; and in consequence of sales by him to different persons, they had become by subsequent conveyances the property in severalty of the parties to this suit. On March 17, 1879, the building of the complainant was totally, and that of the defendants partially, destroyed by fire. The party wall was…
2Cases cited1 opinion
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
3Cited by19 opinions
- Hawkes v. HoffmanWashington Supreme Court · 1909
- Shirley v. CrabbIndiana Supreme Court · 1894
- Odd Fellows' Ass'n v. HegeleOregon Supreme Court · 1893
- Bowhay v. RichardsNebraska Supreme Court · 1908
- First Investment Co. v. State Fire MarshalNebraska Supreme Court · 1963
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