Citizens & Southern National Bank v. Modern Homes Construction Co.

Lewis, Justice.

The plaintiff brought this action in equity to require the defendant to permit the plaintiff to remove from defendant’s property a house which was allegedly constructed thereon through inadvertence and mistake by plaintiff’s predecessor in title. The defendant demurred to the complaint upon the ground that it failed to state a cause of action, contending that there exists no remedy in equity whereby one, under the facts alleged, may recover for improvements placed on the property of another. The lower court overruled the demurrer and defendant has appealed from such ruling.

The…