126 Iowa 194 | Iowa | 1904
Tbe plaintiff and the defendant’s grantor were the owners of adjoining vacant lots. The plaintiff built upon her lot, and placed one-half of the 12-inch brick wall upon the lot of her neighbor. She built into this wall, for her own sole use, and without consultation relative thereto with the then owner of the adjoining lot, four chimney flues, each of which occupied two inches of the wall resting upon the adjoining lot. The outside of this wall was solid, the adjoining owner having made no request for flues or for bearings for joists or beams, as provided by section 2998 of the Code. The defendant afterwards bought the adjoining lot, and erected thereon a building, using the wall in question as a.wall in common, under the following written instrument: “ Know all men by these presents: that I, R. C. Koolbeck, and John Koolbeck, her husband, of Shelby county and State of Iowa, in consideration of $345.00 in hand paid by Harmon Baughn, do hereby sell and convey unto the said Harmon Baughn the following described personal property in the county of Shelby, State, of Iowa, to-wit: An undivided half of the north wall of the two story brick building located on lot 11 of Kinsey’s subdivision of lots 5, 6, 7 and 8, in block 45 of Long’s addition to the town of Harlan, Iowa.” After the completion of his building the defendant -opened ways into the chimney flues built by the plaintiff, and now insists that he is entitled to the use thereof under his contract of purchase. We do not agree with this contention, however. The right of the plaintiff to build the wall upon the lot adjoining her property, and the right of the defendant to make it a wall in common by paying one-half of the value thereof, were both acquired by virtue of the statute, and it is evident that all parties hereto were proceeding thereunder. It is therefore clear that the writing
The judgment is affirmed.
