O'Byrne v. McNeill

John McNeill sued his former attorney, Con K. 0’Byrne, to procure a decree of court establishing that the defendant O’Byrne is holding- certain mining property under a certificate of sale from the sheriff, in trust for the benefit of plaintiff and defendant. We refer to Mc-Neill as plaintiff, to O’Byrne as defendant, and omit unnecessary references to the sheriff of Gilpin county, impleaded with 0 ’Byrne. Upon trial to the court the findings in the large were for plaintiff; the court decreed that defendant is a trustee for the plaintiff as to a fractional interest in the certificate of…