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Hudson v. Nicholson
Court of Appeal, Exchequer Division
151 Eng. Rep. 185 (1839)
- Written by Mary Phelan D'Isa, JD
Facts
To shore up the walls of his house, a homeowner (defendant) placed a supporting structure on his neighbor’s land without his neighbor’s consent. The neighbor’s land was later sold, and the new owner (plaintiff) demanded that the homeowner remove the support structure from the new owner’s land. The homeowner refused, and the new owner sued the homeowner for trespass on the case. The homeowner argued that any complaint about the support structure was personal and belonged to the predecessor neighbor and it did not pass to the new owner. The homeowner also objected that the new owner had wrongly pleaded the action in case. The new owner prevailed at trial, and the homeowner appealed.
Rule of Law
Issue
Holding and Reasoning (Lord Abinger, J.)
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