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WALKER V. GISH, 260 U. S. 447 (1923)

U.S. Supreme Court

Walker v. Gish, 260 U.S. 447 (1923)

Walker v. Gish

No. 135

Argued November 28, 29, 1922

Decided January 2, 1923

260 U.S. 447


1. The rule allowing a lot owner to erect a party wall on the lot line, and obliging his neighbor, if he use it, to pay part of the cost, is a condition attached to the lots within the original Federal City under the powers granted by the original proprietors of the land,

Page 260 U. S. 448

and, as extended to other parts of the District under an act authorizing the District Commissioners to establish building regulations, it has the force of a custom binding wherever a party wall is reflected by one lot owner without objection by the adjoining owner. P. 260 U. S. 449.

2. And, in the absence of evidence to the contrary, it must be presumed that the erection of such a wall was done without such objection. P. 260 U. S. 451.

3. A lot owner who used a party wall waived his right to object, in defense of an action for the value of the use, that the building regulations, with which he complied deprived him of his property without due process of law. P. 260 U. S. 452.

51 App.D.C. 4, 273 F. 366, affirmed.

Error to a judgment of the Court of Appeals of the District of Columbia affirming a judgment for Gish in an action to recover the value of the use of a party wall by Walker.

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