West Virginia Supreme Court of Appeals
170 S.E.2d 805 (W. Va. 1969)
The Somervilles (plaintiffs) built a building on a lot that they, in good faith, thought was their own, but actually was owned by the Jacobses (defendants). In so believing, the Somervilles relied on the report of a surveyor, but the lot they built on was actually next to the lot that they owned. The Jacobses planned to keep the building and refused to compensate the Somervilles for the improvements to their land. The Somervilles brought a claim for equitable relief.
Rule of Law
Holding and Reasoning (Haymond, P.)
Dissent (Caplan, J.)
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