Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-11-18

The CAsK or WILSON rs. LuBKRMANs-By
reason Of the crowded condition Of our local
columns yesterday, the statement Of the origin
of the controversy In the above case which occu-
Of last week, was unavoidably postponed. The
suit involves some interesting legal questions or
Importance to property holders, which we give
" Prior to 1907 a certain Clotworthy Stephen
son was the owner Of lots l6 and II, in square
254 and in 1s07 he built house, three stories
high, on lot II, with gable end towards lot l6,
having stacks OF chimneys and freplaces pro-
truding towards the lot Is, for the convenience
Of building against It. In the same year he con-
veyed to Mrs. Wheaton, under whom the plain
tilt claims, one divided and ascertained moiety
OF lot IL, In square 25i.' and on the back OF the
deed was endorsed a memorandum tas appears
by the record, for the original deed was not pro-
duced) Of the same date with the deed signed
by the grantor and by Joseph Wheaton, the hus-
band OF the grantee, and who, as there was evil
denee tending to show, bought the property for
her, and caused IL to be settled upon her, by
which memorandum the terms upon which the
grantor should have the use Of the wall In build
son, the grantor, after the wheatons went into
possession, eontinued to reside on the residue Of
his property there, having 1t enclosed, and part
Of the enclosure being the wall in question.
In 1871 the defendants house was built, hav-
Ing this for one OF its walls In 1853 the plaintiff
purchased the Wheaton title, and took deed
conveying by metes and bonds the half of lot n,
adjoining lot &c. The defendants deed, and the
deeds OF those under whom he claimed described
his property, by metes and bonds, as part Of lot
Id, with the aPpurtenances. After the plaintiffs
purchase In 1883 accurate survey Of the 50 uare
showed that the division wall stood wholly nine
inches or more within lot IL. The plaintiff
claimed the land according TO the survey For
the purpose Of building on IL he caused the old
house TO be torn dawn, intending to build and to
make the wall next to the defendant IL inches
thick instead OF 8, as IL had been before; and to
place the centre Of the new wall, with the in
creased thickness, precisely on the line ascer-
tanned by the survey, which would bring IL some
distance inside Of all the defendants fireplace
On the other hand. the additional width 10 the
seems not unreasonable, therefore, that narrow
strip Of land, in itself Of small value, should
have given Use to so much litigation.
IN isSy, Lieoerman procured an injunction
old wall, unless II should be found unsound and
10 prevent his building a new wall otherwise
than on the site Of the old one IL it should be
taken down. The old wall was unsound, and
was taken down, and rough boards nailed up in
Its place. and so the premises vacated by I,ieb-
eFman) continued for about year, when Leber-
man rebuilt the wall; and, as was stated by his
counsel, rebuilt 1t fourteen inches thick instead
OF nine inches, rs the other walls Of his hou< sc
are, In order to be sure that il should be strong
enough 10 support Wilson's projected house but
when the new wall was about ten feet above the
pavement, Lieberman was stopped by an iniunc-
ton at the suit Of Wilson, preventing him from
rebuilding any other than q nine-inch wall lie
thereupon dropped of to a niHE-ineh wall VIII
son then brought this suit for trespass; and Lieb-
erman brought his suit to recover damages for
cutting away the side Of the house. and leaving
IL for year without rebuilding It,
The case tried is the former and II has resulted
as TO the law In the courts having restricted the
P.antin, WILSON TO damages for the alleged tres
pass In Occupying, for several DAYS before the
bringing OF the suit, SO much OF the ground as
was not covered by the old nins-inch wall
The points OF law interesting to the public n
ibis city are, drst, that man may enjoy tbs COM
forts OF his own hearth, when he has done SO for
more tnan twenty years, without fear OF an &C.
non Tor damages founded upon. accurate survey,
mace oy his neighoors; and, secondly, that
when niHS-tHea party wall is torn down il can
not be rebuilt a fOHrtseH-isc wall whatever the
building regulations may be supposed 20 say to
the contrary the first builder being the person
who exercises the power under these req ulations
Verdict for the plaintiff one cent damages.
SCHOOL OF DEsIGN-Agency Block, at the
corner Of Seventh and streets, in wha, was al.
ways known as "Union Row" has undergone
complete metamorphosis lately, and developed
into full-grown bee hive OF industry, where all
sorts OF pursuits are prosecuted with true Metro
Poiitan activity, and where multitudinous per-
sons engaged in the prosecution of muItifartous
schemes, thrOng daily and hourly in hot haste
and give the place an appearance Of iveIiness
somewhat new to the nsighborhood. The two
iE ssd Known as Nos l and Z, have been
lnto laoYrinthian maze OF offices for the prose-
culon OF claims, FOR patent gencies nctaries pub
ne, and every species Of business requiring to be
transacted before the several Departments of the
United States Government. The third stories
OF both buildings have been thrown Together
lorning . series OF rooms, in which has been
recently established School OF DESIGN and Ale
ehahles' Institute under the personal sup,Tyis-
Ion OI MI. 4. Nsnning, architect, who has ali
the appliances for impaFting instruction In every
department OF the professions; and whose knowl-
edge Of all the branches Of mechanical DAWN
Is not inferior 10 that Of any gentleman OF the
Federal Metropolis A thorough practical
knowledge OF any kind Of drawinT rrndsIjneI
&c, may be obtained here by any Young nn,eS,
ice al such cheap rates that none may he prohIL-
lted nom attending The school on account of
want OF the means 10 paw for tuition
MI Nenning has thus far been encouraged for
ware In his enterprise by number Of friends he
longing 10 The profession, who lave kindly DTof
islea Tie use OF modSiS, mouldings. brackets and
drawings for the use OF the pupils In their .tndis
such school as this deserves encoura0en,sn,
aau success from all those interested in he prac
lcsl eeucauon Of apprentices, or of pupils de-
siHns 10 become thorough mechanics Young
men who are in the habit Of passing their Mo hrs
among deInofsliLing associates, and lounge agay
thelr evenings In bathrooms, and among other
PeInclous associations, would do well to consider
whether II is better to TAX advantage Of sncb on
portunities as are here offered for seouifino nss
fnI knowledge In the mechanical arts, or TO sperd
the morning OF their lives in such poor pleasures
as entail useless repentance in after life and cary
unavalling regrets with their victims to the grave
MI Nenalng has already large number OF pu-
piss ana MS classes, we are happy to saw are
augmenting in numbers nightly Tne rooms ave
central, and comfortably arranged; and any yonth
who can command the Sum or So monthly land
what young man cannot,) can, In a Short time
become the master OF such knOwedge a. will h.
invaluable In the prosecution of any necbanic1I
trade. '''> 81
THz IMPROVEMENT OF B STRRKr-Amonp
the business disposed of by the City Councils
on Monday night Is the bill to gravel u street
from Sixth TO Seventeenth street west This I.
an improvement eagerly sOush at for by .he mer
chants ana mechanics who are occupying tina,
street. IL Is the street which nm. viii ,ha
north line OF the canal from Sixth street TO n,
western terminus, and la proper condition will
De very convenient TO those business men who
are certainly entitled to the favor OF the Cornora
ton, as they contribute largely to its treasury
Inc biii had been passed In the Common Coun-
Gil, and was taken up and passed by the Alder
n'rn Al the last meeting. For the completion Of
Tue Work before the season is ended the Petition
ers must lock TO the Mayor-the whole matter
rests with him now, and u speedy beginning of
tue work Is necessary to insure its early compile
ton.
While the bill was pending In the upper Board.
objection was made TO its passage on the oronnd
~ taN. d