Pioneer Mining Co. v. Tiberg
District Court, D. Alaska
Plaintiff brings this suit in equity for the purpose of impressing a trust upon certain funds now in the hands of John Sundback, as duly appointed clerk of the court of the district of Alaska, Second division, and alleges in its bill: That the defendant Johan Tiberg, during the month of July, 1910, was in the employ of plaintiff as foreman of the night shift in mining upon a certain placer claim in this division.
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Plaintiff brings this suit in equity for the purpose of impressing a trust upon certain funds now in the hands of John Sundback, as duly appointed clerk of the court of the district of Alaska, Second division, and alleges in its bill: That the defendant Johan Tiberg, during the month of July, 1910, was in the employ of plaintiff as foreman of the night shift in mining upon a certain placer claim in this division. That during said month of July the plaintiff was the owner of and in possession of said claim and of certain sluice boxes situated thereon, and of the gold dust and the amalgam…
1Opinion of the Court
MURANE, District Judge.
We will first consider the question of the jurisdiction of a court of equity to impress a trust upon property or the proceeds of property, where the original property was not a trust estate, and no fiduciary relation existed between the owner and the person converting or appropriating the same. In this case the complaint does not show the defendant to have been in a position of trust or confidence; in other words, he was not the custodian, trustee, nor bailee of the amalgam, gold dust, and nuggets contained in the sluice boxes of plaintiff.
The great weight of authority…
2Cases cited10 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Dahms v. SearsOregon Supreme Court · 1885
- McCreary v. GewinnerSupreme Court of Georgia · 1898
- Ex parte FaulknerWest Virginia Supreme Court · 1866
- Truesdale v. Philadelphia Trust, Safe Deposit & InsuranceSupreme Court of Minnesota · 1895
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