Eichhammer v. Parsons

This is a motion under Rule 106 of the Rules of Civil Practice for judgment dismissing the complaint for insufficiency on its face. The gravamen of the pleading is that the defendant converted a dwelling house ■ — ■ “ the property of the plaintiff ”— by refusing the plaintiff’s demand for permission to remove the structure from the land on which it stands. Judgment is demanded for the value of the house less the cost of removal and of a new foundation.

The allegations are that the defendant and her husband conveyed to the plaintiff real property therein described on which was a two-story frame…