Jillson v. Barton

Deen, Presiding Judge.

1. The original complaint was alleged to be "based on the theory of equitable conversion and indirect injury and damage to the esthetic [sic] value of her property” caused by the defendant-appellees’ "constructing, grating and changing the contour of land directly adjacent to plaintiffs property.” Thus the gravamen of the action is indirect damage to the plaintiffs property through actions taken by the defendants on their own property.

At the outset, we note that the theory of equitable conversion is inapplicable to a suit for "indirect injury and damage” to property;…