Younker v. McCutchen
Supreme Court of Iowa
Appeal from Polk District Court. — James P. Hewitt, Judge. Action at law brought by appellant to recover the value of'one half of what plaintiff'calls a wall in common, owned by and constructed at the cost of the appellant and used by appellee, and to recover for the-value of nine inches of ground, being one half of the ground upon which said wall is located.
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Appeal from Polk District Court. — James P. Hewitt, Judge. Action at law brought by appellant to recover the value of'one half of what plaintiff'calls a wall in common, owned by and constructed at the cost of the appellant and used by appellee, and to recover for the-value of nine inches of ground, being one half of the ground upon which said wall is located. Appellant alleged in his petition that, shortly after the plumbing company removed from defendants! premises, and when, as he says, it had no longer any right in or to the use of the premises nor the building situated thereon, the…
1Opinion of the CourtPreston, J.
The case is somewhat complicated, but the facts are not in dispute. There was some evidence introduced, but the facts are shown largely by the pleadings and *636the admissions therein and the stipulations of counsel. That there may be a better understanding of the situation, we attach a plat of the properties in controversy.
The plaintiff and defendants bought their properties at about the same time, in November, 1906. The defendants claim that the wall between the properties is a party wall, under Section 2999 of the Code, to be later referred to, and, as we understand it, appellant claims it to…
2Cases cited27 opinions
- Van Wagner v. NostrandSupreme Court of Iowa · 1865
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Fischer v. Johnson Lane & Co.Supreme Court of Iowa · 1898
- Daly v. SimonsonSupreme Court of Iowa · 1905
- Wachstein v. ChristopherSupreme Court of Georgia · 1907
22 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hruska v. Rate EstateSupreme Court of Iowa · 1922