84 Iowa 435 | Iowa | 1892
Lot number 10 of block number 13 in tbe city of Muscatine is bounded on tbe north by Second street, and on tbe west by Sycamore street. It bas a front on Second street of sixty feet, a length of one hundred forty feet, and is of uniform width. Sycamore street, and other streets parallel with it, commence at the Mississippi river, extend thence*in a direction west of north, and are crossed at right angles by Second street and other streets, with which it is parallel. For -convenience of description, however, Second street may be said to ■■extend from east to west, and the lot described from north to south. The plaintiff owns the west half of the east half and the defendant the east half of the east half of the lot. In the year 1883 the plaintiff erected upon his part a brick building, three stories in height, and forty-nine feet in length; and the controlling questions in this case grow out of the location of the east wall of that building. It is contended by the plaintiff that the wall is located wholly upon his own ground, and that the defendant wrongfully treated it as a wall in common, inserting joists in it, closing certain windows, adding to its height, building chimneys into and upon it, and cutting the cornice and other ornamental work on the front end. Complaint is also made of the action of the defendant in extending the wall towards the rear end of the lot, a distance of about thirty feet, and in placing material for use in the construction of his building on the premises of the plaintiff. The defendant contends that the wall in -question is a wall in common, and that what he has done was authorized by the law. The jury found specially that the true boundary line between the land of the
I.- The evidence in regard to the true location of the boundary line in question is conflicting. In the
“Know all men by these presents, that J. P. Freeman has sold to J. H. Herwig the following portions of the easterly half of the wall on lot ten (10), in block thirteen (13); in the city and county of Muscatine, and in the state of Iowa; the portion of the wall so sold being, length so sold forty-nine feet, and the brick portion of it being twenty-two feet and four inches high, reaching to the top of the first story of the dwelling and including the stone foundation. In consideration whereof the said Herwig has paid the said Freeman the sum of one hundred thirty dollars ($130) in full satisfaction of the portion of the wall so sold. In witness whereof the said Freeman and the said J. H. Herwig have set their- hands, this, the first day of October, 1883. J. P. Freeman.
“J. H. Herwig.
“Duly acknowledged.”
. In the year 1888 the defendant removed his frame buildings, and commenced to replace them with a three-story brick structure. In doing so he made the
II. It is said that, if the wall might at any time have been considered as a wall in common, the agreement
- III. The appellant complains of the acts of the defendant in cutting the cornice and in otherwise inter-
IV. The appellant discusses at some length the pleadings, evidence and instruction as applied to the acquiring of title by adverse possessions and by acquiescence. The finding of the jury that "the true line is beneath' the center of the wall now between the plaintiff and the defendant" makes the matters thus discussed of no importance in the case, and they need not be further considered. `Rulings of the court in regard to the admission of evidence are criticised.