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SOMERVILLE v. JACOBS

No. 12770.

170 S.E.2d 805 (1969)

W. J. SOMERVILLE et al. v. William L. JACOBS et al. and Farmers Building and Loan Association, a corporation, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided July 1, 1969.

Dissenting Opinion July 22, 1969.

Rehearing Denied December 2, 1969.

Attorney(s) appearing for the Case

Richard F. Pence, Parkersburg, for appellants.

Wilson & Hill, George W. Hill, Jr., Burk & Bayley, Robert W. Burk, McDougle, Davis & Morris, Fred L. Davis, Parkersburg, for appellees.

HAYMOND, President:

The plaintiffs, W. J. Somerville and Hazel M. Somerville, herein sometimes referred to as the plaintiffs, the owners of Lots 44, 45 and 46 in the Homeland Addition to the city of Parkersburg, in Wood County, believing that they were erecting a warehouse building on Lot 46 which they owned, mistakenly constructed the building on Lot 47 owned by the defendants, William L. Jacobs and Marjorie S. Jacobs, herein sometimes referred to as the defendants...

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