Mickel v. York
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. On the 8th of May, 1892, the appellant, Max Mickel, and his sister, Annie Pitzele, were the owners of a lot in the city of Chicago adjacent to the one owned by the appellee John York, and on that day the respective parties, York being the party of the first part, entered into a party wall agreement, containing, among others, the following provisions: “It is hereby mutually agreed by the several parties, in consideration of…
1Opinion of the CourtJustice Phillips
It is insisted by appellant that the wall, at the time it fell, was owned by York, while York insists, as was the view taken by the court below, that the wall was, from the time of its completion, the property of all the parties to the contract; that York owned so much of the wall as rested upon his lot, with an easement in the remaining portion, and that Mickel and his sister owned all of the wall which rested upon their lot, with an easement in that portion of the wall which was upon the lot of York.
The contract provides that Mickel and his sister, and their heirs, before proceeding to join…
2Cases cited12 opinions
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Gibson v. HoldenIllinois Supreme Court · 1885
- Richardson v. TobeyMassachusetts Supreme Judicial Court · 1877
- Masson & Besanson's AppealSupreme Court of Pennsylvania · 1872
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3Cited by12 opinions
- Bennett v. SheinwaldMassachusetts Supreme Judicial Court · 1925
- Beidler v. KingIllinois Supreme Court · 1904
- McChesney v. DavisAppellate Court of Illinois · 1900
- Hanson v. BeaulieuSupreme Court of Minnesota · 1920
- Jones v. MonroeTexas Commission of Appeals · 1926
7 more not listed; retrieve them via the Exa API.