COLBY v. COLBY

No. 3952.

96 N.H. 452 (1951)

MAYME JENNESS COLBY v. EDWARD G. COLBY.

Supreme Court of New Hampshire.

March 6, 1951.


Attorney(s) appearing for the Case

Upton, Sanders & Upton and William D. Tribble (Mr. Tribble orally), for the plaintiff.

Sulloway, Piper, Jones, Hollis & Godfrey (Mr. Jones orally), for the defendant.


JOHNSTON, C. J.

Even if the plaintiff and the defendant were tenants in common of the farm, this fact alone did not prevent the defendant from buying the plaintiff's interest at the judicial sale of the administrator. The fiduciary relationship that exists between tenants in common is limited to the acquisition of a title adverse to the common interest. "Since the doctrine applies only to the case of the acquisition of an...

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