Colby v. Colby

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 adverse title, it does not apply when one cotenant purchases a' title not adverse, as in the case of a purchase of the reversion by one colessee, or where a joint remainderman purchases the…