Turner v. Sawyer

Citations

• 150 U.S. 578
• 14 S. Ct. 192
• 37 L. Ed. 1189
• 1893 U.S. LEXIS 2407

Syllabus

<p>In a suit in equity to have T. declared a trustee, for the use of S., of an interest in a mine, and to compel a conveyance of the same to S., T. set up two sources of independent title in himself: (1) the purchase of a portion of the interest at an execution sale under a judgment in a suit in which process was not served upon S., no appearance entered for him, no judgment entered against him, and in which he was never in court; (2) proceedings under Rev. Stat. § 2324 by T. against S. as an alleged “co-owner” of the mine to compel him to contribute to the payment of the annual labor on the mine for the year 1884, by which proceeding it was claimed that the interest of S. in the mine became forfeited to T. At the time when the labor was done for which contribution was demanded, S. had not received the deed for his interest, and the sheriff’s deed to T. of the interest which he claimed was not delivered until March, 1883. Held,</p> <p>(1) That T. acquired no interest in the share of S. in the mine by the sheriff's deed;</p> <p>(2) That T. was not a coowner in the mine with S. during the year 1884, within the meaning of the statute, which, as it provides for the forfeiture of the rights of a coowner, should be construed strictly.</p> <p>By the laws of Colorado, title to land sold under execution remains in the judgment debtor till the deed is executed.</p> <p>Cotenants stand in a relation of mutual trust and confidence towards each other, and a purchase by one of an outstanding title or incumbrance, for his own benefit, inures to the benefit of all, and when acquired, is held by him in trust for the true owner.</p> <p>The general rule laid down in Garland v. Wynn, 20 How. 6, following in principle Comegys v. Vasse, 1 Pet. 193, 212, and maintained in Monroe Cattle Co. v. Bec-ker, 147 U. S. 47, 57, that where several parties set up conflicting claims to property, with which a special tribunal may deal, as between one party and the government, regardless of the rights o