Legal Opinion

Knight v. Beenken

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 1 opinion

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

  1. Voight v. WallaceSupreme Court of Pennsylvania · 1897

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