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Hardy v. Burroughs

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.251 Mich. 578, 232 N.W. 200 (1930)

Brief Fact Summary. Plaintiffs mistakenly built a house upon the land of Defendants, who subsequently took possession of the house.

Synopsis of Rule of Law. Plaintiffs may sue for the value of the house built in good faith and mistakenly placed on Defendant’s land, and do not have to prove misconduct by Defendants in ejecting Plaintiffs from the land. If Plaintiffs were deprived of the house without compensation, an injustice would result.

Facts. Plaintiffs constructed a house on lot 234 of Carlton Park in Flint, Michigan. The lot was owned by Defendants Burroughs, subject to a land contract with Defendants Tahhersley. Plaintiffs constructed the house on Defendant’s land through mistake. Defendants then took the house from Plaintiffs and declined to compensate Plaintiffs for the house, valued at $1,250. Plaintiffs then sued for compensation and Defendants moved for dismissal, which was not granted. Defendants appealed.

Issue. Are Plaintiffs, as builders of the house, required to prove fraud or other misconduct on the part of Defendants (such as acquiescence after knowledge of the construction) in order to recover compensation?

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