Antomarchi's v. Russell
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. H. Austell. The bill in this case was filed on the 30th August, 1877, by Antonio Philippe, as the executor of the last will and testament of Charles P. Antomarchi, deceased, against Thomas S. Bussell; and sought, to recover from the defendant contribution for the cost of erecting a party-wall between two adjacent lots and houses, owned by the complainant .and defendant respectively, or compensation for the use…
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Appeal from the Chancery Court at Mobile. Heard before the Hon. H. Austell. The bill in this case was filed on the 30th August, 1877, by Antonio Philippe, as the executor of the last will and testament of Charles P. Antomarchi, deceased, against Thomas S. Bussell; and sought, to recover from the defendant contribution for the cost of erecting a party-wall between two adjacent lots and houses, owned by the complainant .and defendant respectively, or compensation for the use by the defendant, in the erection of his house, of the wall which had been already erected by the complainant. The…
1Opinion of the Court
MANNING, J. [After stating the facts as above.]
There is no statute in this State on the subject of what are called party-walls. In Bisquay v. Jeunelot (10 Ala. 245), a question was brought before this court similar to the one now raised. Jeunelot built a house on his own land, up .to the boundary line, we suppose; and the owner of an adjoining lot then also built a house, using for one side of it the wall of Jeunelot. The latter sued the other in assumpsit, for a just proportion of the cost of the wall, and in the court below obtained a verdict and judgment; but the judgment was here…
2Cases cited5 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Barlow v. LambertSupreme Court of Alabama · 1856
- List v. HornbrookWest Virginia Supreme Court · 1867
- Orman v. DaySupreme Court of Florida · 1853
- Bisquay v. JeunelotSupreme Court of Alabama · 1846
3Cited by14 opinions
- Hawkes v. HoffmanWashington Supreme Court · 1909
- Shirley v. CrabbIndiana Supreme Court · 1894
- Wilson v. SchaeferTennessee Supreme Court · 1901
- Louis Pizitz Dry Goods Co. v. PenneySupreme Court of Alabama · 1941
- Odd Fellows' Ass'n v. HegeleOregon Supreme Court · 1893
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