This section contains the nature of the case and procedural background.

P owned certain property and alleged that D, who was the owner of adjacent property, built an addition to D’s building. During this process, D managed to excavate P’s property in an area of 26.5 feet by nine inches, and P alleged that D then proceeded to build on his own land and as well as P’s with respect to the foundation, but when it got to grade D then continued building on his own land. P sued D to recover possession of the land on which D’s foundation and sidewall encroached. P got the verdict, and the court ordered that P was entitled to recover possession. D did not remove the foundation or side-wall, and P has also been unable by means of execution to get the sheriff to remove the encroachment because the stones used to construct the building extend well into D’s land too. It was impossible to remove the part that encroaches without trespassing upon D’s land and injuring his building.

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