Rothaermel
Rothaermel v. Amerige
Opinion
Lead Opinion
James, J.
Judgment was entered in this action as prayed for by the plaintiff,' except as to the amount of certain damages, and defendant has appealed.
Plaintiff is the owner of a parcel of land located in the city of Fullerton, county of Orange. Upon this land there was erected by the predecessor in interest of the plaintiff a two-story brick building. The south wall of this building was placed within about two inches of the line dividing the property of plaintiff’s predecessor from that of the adjoining land owner, title to which latter land was afterward acquired by the defendant. At the time of the erection of the building referred to there were no building improvements upon the adjoining property. Defendant’s grantor in turn caused to be erected a brick wall along the dividing line between the two properties, up to a height of one story, this wall becoming a part of a building thereon constructed. The surface of the latter wall seems not to have intruded upon the property later acquired by the plaintiff, but the contention was made by plaintiff’s predecessor in interest that the foundation footings of the wall did extend over and on to the latter’s property to the extent of two inches.…