Tate

The plaintiff and defendant are the owners of adjacent lots, situate in the block bounded by I and J and Third and Fourth streets, in the city of Sacramento, each lot having a frontage of twenty feet on J street and a depth of one hundred feet.

Many years ago brick buildings, then two stories high, but now only one story above the grade of J street were erected on these lots by the grantors of plaintiff and defendant. Up to 1881 defendant’s building extended back from J street only seventy feet,- but in that year it was enlarged so as to cover the whole lot.

The east wall of plaintiff’s building is the west wall of defendant’s building, and by it the joists of both buildings are supported. This wall at its base and extending as high as the present grade of J street is sixteen inches thick, and above that to the ceiling joists it *616 is twelve inches thick, and from there to the top of the fire wall, about four feet, it is eight inches thick, the offset of four inches being on the plaintiff’s side of the wall.

The defendant concluded to add another story to his building, and for that purpose commenced to build up the said eight-inch wall. When he had built it up about six feet…