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11 Gustavus Schmidt's Legal Briefs 1827-1904

handle is hein.beal/gvssts0011 and id is 1 raw text is: Supreme Court of Louisiana. No. 10,093. ARMAND IIEINE ET ALs., APPELLANTS. rersus EDWIN T. MERRICK ET ALS., APPELLEES., PlAistfs' Brief. STATEMENT OF THE ISSUES. Injunction suit by plaintiffs to prevent the obstruction by defendants, their neighbors, of the exercise of their legal right to take down a wall in common for the purpose of erecting, in lieu of their own old buildings, a new and larger structure which the wall was inade- quate to support. Answers and reconventional demands of defendants (three in number, filed at considerable intervals) alleging the intention of plaintiffs to put up insufficient foundations, the illegal encroachment of said foundations on defendants' land, and other pretended illegal acts, and claiming damages to an enormous amount, and even the re- moval of the wall; also the recognition of the defendants' right of ownership in the new wall, not simply to the height on the former wall to which their building extended, but to the full height of plaintiffs' old house which was several feet higher than theirs, etc. SYLLABUs. I. One of the owners of a par' wall, or wall in common, has the right, if he desires to put up, on his ground, a new and higher structure, which the wall would be inadequate to support, to tear down the wall and build one, in its stead, both higher and thicker, taking the additional thickness from his property. C. C. 682 (678). This he can do without the consent of his neighbor, co-owner of the wall, but in so doing must proceed with due care and attention. Peirce vs. Musson, 17 L., 394; Dorsille vs. Amat, 6 A., 566; Gettwerth vs. Hedden, 30 A., 30. 2. Ile has the right to enter on the neighbor's premises for the raising or reconstruction of the wall, to deposit materials there and do such work as may be proper or necessary. Duranton, Vol. V, No. 316; Pardessus, Serv., Vol. I, No. 227. As to how far such a right may be claimed, when the wall is not a common one, see Demolombe, Vol. XI, Nos. 421, 422, 424. 3. If the neighbor refusesto allow him to take down and rebuild the wall,

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