The Hardys (P), by mistake, built a house on land owned by Burroughs (D) which was under land sale contract to the Tanhersleys (D). D took possession of the house over P, and refused to compensate P for the value of the house. P does not allege any fraud or misconduct on D's part. Acknowledging that there is no action at law, P sued in equity to recover the value of the house. D moved to dismiss the complaint. The motion was denied, and D appeals.

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