Long v. Smyre

Citations

• 87 Kan. 182
• 123 P. 765
• 1912 Kan. LEXIS 117

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Party Wall” — No. Contract — Title Thereto. About twenty years before the commencement of this action M. owned lot 10 of block 45, in the city of Greensburg, Kan., and S. owned lot 9, adjoining on the north. M. erected a stone building on , his property and, with the consent of S. but without any contract that S. should in any event pay anything therefor, placed the north wall about one-half on lot 10 and one-half on lot 9. Through mesne conveyances appellee, before the commencement of this action, acquired title to lot 9, and ' appellant to lot 10. Appellee, at the time he bought lot 9, knew that the wall stood partly on that lot, and neither he nor his grantors have paid anything therefor. Held, that by the conveyance from the owner thereof appellee acquired the title and right of possession to lot 9 to the south line thereof, including the portion of the wall standing thereon.</p> <p>2. —:- Same. Under the undisputed facts of this case, each ’party owns the wall.in question, in severalty, to the common line between the respective lots.</p>