Knight v. Beenken
Supreme Court of Pennsylvania
Error to the Common Pleas of Philadelphia. This was an action of assumpsit by John Beenken against Jacob Knight and Charles Doerr, trading as Knight & Doerr, wherein the parties stated the following case for the opinion of the court, to be considered as a special verdict:— “ In 1853, Sebastian Root took a lot of ground on Franklin street, above Poplar street, the ground adjoining then belonging to Mr. Fotteral, and built upon it a three story brick house, four and one-half…
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Error to the Common Pleas of Philadelphia. This was an action of assumpsit by John Beenken against Jacob Knight and Charles Doerr, trading as Knight & Doerr, wherein the parties stated the following case for the opinion of the court, to be considered as a special verdict:— “ In 1853, Sebastian Root took a lot of ground on Franklin street, above Poplar street, the ground adjoining then belonging to Mr. Fotteral, and built upon it a three story brick house, four and one-half inches whereof is on the adjoining lot, making the house twenty feet eight and three-quarter inches in front. “ On the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
— That the first builder of a party-wall had but a right of action against the second builder — that it was a mere chose in action, and. did not pass by the first builder’s conveyance of his house and lot; and that a payment by the second builder to the grantee of the first, would not protect him, were conclusions of law ruled and settled in a variety of cases, which are referred to in 10 Barr 155 and 219.
But to alter and change the rule, and to make the first builder’s interest in the party-wall pass by his conveyance, unless expressly…
2Cited by1 opinion
- Voight v. WallaceSupreme Court of Pennsylvania · 1897