A court of equity will not order the removal of buildings which, by an innocent mistake as to the line, have been placed a little upon the plaintiff's land, when it appears that the damage caused to the defendant by such an order will be greatly disproportionate to the injury of which the plaintiff complains. Equity does not aid oppression, but leaves one seeking its interference for such a purpose to his remedies at law.
BLODGETT, J.
The plaintiff can take nothing by her exception. The inconsequential injury reported by the referee may apparently be fully compensated, and the land itself recovered in proceedings at law; but if not, the manifest object of this proceeding being to compel the defendant to pay an exorbitant price for the narrow strip of land upon which, through mutual mistake, her two houses are partly situate, and which is comparatively valueless except for purposes of litigation, or subject her to great inconvenience and expense in removing the buildings, equity will not aid in this attempted act of oppression, and will not take jurisdiction to give the plaintiff redress other than that afforded her by the alternative decree made at the trial term. See Wason v. Sanborn, 45 N.H. 169; Clark v. Society, 46 N.H. 272, 275, 276; Bassett v. Company, 47 N.H. 426, 439, 441, 443.
Exception overruled.
CLARK, J., did not sit: the others concurred.