Jensen v. Probert

The question for our decision is this: The plaintiff Jensen was and is the owner in fee of the Probert tract. The plaintiffs were neither guilty of negligence, fraud, or bad faith nor did they take any affirmative action tending to mislead Probert or his purported predecessors in title. Probert, acting in good faith and without negligence and reasonably believing himself to be the owner of the Probert tract, built thereon a small house. Did the court err in imposing a lien on the plaintiff's land for the sum of $1,500?

Concerning the pleadings, it should be added that the plaintiffs were not…