Starkweather v. Jenner

Citations

• 216 U.S. 524
• 30 S. Ct. 382
• 54 L. Ed. 602
• 1910 U.S. LEXIS 1918

Syllabus

<p>In this case the charges of fraud and collusion on the part of the defendants are wholly unsupported.</p> <p>The rule that equity may convert into a trustee a co-tenant who attempts to buy an outstanding hostile title does not apply where the common property is sold at bona fide public sale under legal process or power in a trust deed. At such a sale, and in the absence of fraud or deceit, any. one of the co-tenants is as free to buy as any of the general public, and several of the co-tenants may combine without notice to the others to purchase for themselves.</p> <p>A judicial sale for inadequate price resulting from combination of bidders is voidable, not void, and one who would complain must after discovery seasonably elect whether he will avoid it or not. A delay of four years where the property is of speculative character and has largely increased in value meanwhile-is unreasonable.</p>