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This section contains the nature of the case and procedural background.

Somerville (P) mistakenly erected a building on the wrong lot owned by Jacobs (D). P believed he was erecting the building on Lot 46, which P owned. P relied on a surveyor’s report, and plat but mistakenly built his warehouse on Lot 47, which was owned by Jacobs (D). Construction of the building was completed in January 1967 and P conveyed the lots to Engle and Pappas who subsequently leased the building to Parkersburg Coca-Cola. Soon after the building was completed, D learned that the building was on their property. D claimed ownership of the building and its fixtures on the theory of annexation. P then sued D for equitable relief in the sum of $20,500 or in the alternative that D be ordered to convey their lot to P for a fair consideration. D wanted annexation of the building. The Farmers Building and Loan Association, a corporation, the holder of a deed of trust lien upon the land of D, was on motion permitted to intervene and be made a defendant. The circuit court required D to elect whether they would retain the building and pay P $17,500 or suffer judgment against themselves in that amount or convey title to lot 47 for the sum of $2,000 cash. D appealed.

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