Fleming v. Aiken

The issue in this case is whether a constructive trust was properly imposed upon real property acquired at a tax sale by a guardian who was a tenant-in-common with his wards.

Plaintiffs Jane, who died after commencement of the action, and Helena are sisters of the defendant. In 1940 the parties, together with a brother John, acquired a one-half interest in the property in question by will of their father. The property consists of a part of an island in Lake Sunapee with a structure. The property came to their father from their mother, who owned it in common with her sister Margaret. Thus each…