Milne's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Philadelphia: In Equity : No. 288 ; Of January Term 1874. The bill in this case was filed December 6th 1872, by James Gordon, against Caleb Milne.
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Appeal from the Court of Common Pleas of Philadelphia: In Equity : No. 288 ; Of January Term 1874. The bill in this case was filed December 6th 1872, by James Gordon, against Caleb Milne. The plaintiff since the year 1848 had been the owner of three adjoining lots, on the south side of Lombard street, Philadelphia, the easternmost lot commenced one hundred and two feet westward from Eighteenth street,' and the whole extended to the distance of forty-eight feet further west; on each lot was erected a brick dwelling-house; the depth of his lot is eighty-five feet; he resided in the westernmost…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
— The wall mentioned in 'the plaintiff’s bill is clearly a party wall. The defendant could not, by receding upon the foundation of a part of it, carry up that part within his own line, so as to destroy the character of the entire wall, and thus secure to himself the privilege of openings in it inconsistent with its character as a party wall. The case is sufficiently developed in the opinion of the court below.
Decree affirmed with costs and appeal dismissed.
3Cited by6 opinions
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Neilson v. HummelSupreme Court of Pennsylvania · 1924
- Hayes v. Arcade Real Estate Co.Supreme Court of Pennsylvania · 1917
- Philadelphia Scoop & Scale Manufacturing Co. v. SilbermanSupreme Court of Pennsylvania · 1944
- Forte Et Ux. v. RealeSuperior Court of Pennsylvania · 1930
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