Bank of Escondido v. Thomas

Citations

• 5 Cal. Unrep. 94
• 41 P. 462
• 1895 Cal. LEXIS 1191

Syllabus

<p>Party-wall.—In an Action to Enjoin Defendants from using a certain wallas a party-wall, the answer alleged that said wall rested in part on defendants’ land. Held, that the issue as to whether plaintiff’s building extended over the dividing line was sufficiently raised by the pleadings,</p> <p>Party-wall—Where a Board of Directors Consented to Allow defendants to use a wall of the corporation’s building as a party-wall, and the defendants erected a building with the knowledge and acquiescence of said directors, the corporation will be estopped to assert that defendants have no interest in the wall; but its remedy, if any, is an action for the recovery of a proportionate part of the cost of said wall.</p> <p>Party-wall—Injunction.—Where Plaintiff’s Wall Projects over defendants’ land, equity will not enjoin defendants’ use thereof as a party-wall.</p>