Somerville v. Jacobs
West Virginia Supreme Court of Appeals
170 S.E.2d 805 (W. Va. 1969)
Relevant factsFree
Relying on a surveyor's report, the Somervilles (plaintiffs) mistakenly but reasonably believed they were building on their own lot when they actually constructed a building entirely on land owned by the Jacobses (defendants); the Jacobses wanted to keep the building without compensating the Somervilles, prompting the Somervilles to seek equitable relief.
IssueFree
Whether a court of equity may grant relief to a party who builds on another's land through a good-faith, reasonable mistake of fact believing the land was his own.