Hamilton v. Shaw

Cureton, Judge:

This is an action in equity to impress a constructive trust upon real property. The respondents claim a right to a trust upon the property as heirs at law of Hepsie Shaw, deceased. The appellants, also heirs of Mrs. Shaw, claim sole title under a deed from the purchaser of the property at a tax sale. The dispositive issue is whether a fiduciary relationship exists between cotenants of real property so that title acquired by some but not all of the cotenants from a stranger who bought at a tax sale inures to the benefit of all cotenants.1 The master-in-equity held that the…