Mackey v. Harmon
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Hennepin county to recover damages for an alleged breach of a covenant against incumbrances contained in a warranty deed; The incum-brance claimed to exist is a party-wall agreement, and plaintiffs seek to recover as damages the sum of $850, the amount paid by them for the right to use a party-wall situated, in part, on the premises conveyed by the warranty deed.
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Plaintiffs brought this action in the district court for Hennepin county to recover damages for an alleged breach of a covenant against incumbrances contained in a warranty deed; The incum-brance claimed to exist is a party-wall agreement, and plaintiffs seek to recover as damages the sum of $850, the amount paid by them for the right to use a party-wall situated, in part, on the premises conveyed by the warranty deed. The action was tried by Loohren, J., without a jury, and upon the facts as found by him, which are recited in the opinion, judgment was ordered for plaintiffs for the full…
1Opinion of the CourtBerry, J.
The following facts are found by the court by which this action was tried below:
One Hurlburt and defendant Harmon, owning adjoining lots on Nicollet avenue, Minneapolis, executed a written, instrument, under seal, wherein it was agreed that Hurlburt might build a stone or brick wall on the dividing line between the lots; one-half of the wall and its footings to stand upon Hurlburt’s lot and one-half on Harmon’s, the wall to be 66 feet in length (the full depth of the lots) and 60 feet high, and that Harmon, his heirs and assigns, should have the right to join and'use the wall and sink joist…
2Cases cited3 opinions
- Fritz v. PuseySupreme Court of Minnesota · 1884
- Hendricks v. . StarkNew York Court of Appeals · 1867
- Warner v. RogersSupreme Court of Minnesota · 1876
3Cited by29 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- United States v. Wheeler Tp.Court of Appeals for the Eighth Circuit · 1933
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