Alexander v. Boghel

*312The facts are stated in the opinion of the court, delivered by

Porter, J.

A right of service is contested in this case; both parties claim title under a common vendor. While owner and pos- • sessor of both lots, a house stood on that sold to the defendant in such a situation, that the roof projected over the lot then vacant and now in possession of the plaintiff, and caused the rain water to drip or fall on it. The defendant was the first purchaser* At the time the plaintiff bought, the house stood in the position it now does.

The defendant sets up a right to the service, and pleads…