Marcellous v. David

CULPEPPER, Judge.

This is a suit for the return of a building and for damages caused by its wrongful removal from plaintiff’s land. The district judge found the building was owned by the defendant, Coralie David, and hence rejected plaintiff’s demand for return of the building and damages. However, the court awarded plaintiff his actual expenses of $245 for moving the house to his land and painting it, under the equitable principle of unjust enrichment. Plaintiff appealed. Defendants answered the appeal, contending the award to plaintiff of $245 is improper.

This litigation arises out of an…