4 Colo. 247 | Colo. | 1878
This was a bill of interpleader, filed by the trustees of the town of Rosita under the provisions of section 9, article 12 of the act relating to “towns and cities” (R. S., p. 623), against Adams and Binkley, who were adverse claimants of 25x100 feet of lot 20 in said town. Each claimant appeared and answered, and upon the hearing a decree was rendered in favor of Binkley.
This decree clearly was not warranted and must be re
The entry was “ in trust for the several use and benefit of the rightful occupants of said land and the bona fide owners of the improvements thereon,” and, clearly, Binkley cannot be regarded as a beneficiary. It is .equally clear that Adams, by his occupancy and improvements, at the date of the entry, was entitled to a deed from the trustees. Cook v. Rice, 2 Col. 131; Clayton v. Spencer, id. 378.
The evidence does not show, as claimed, that the relation of client and attorney existed between Adams and Binkley ; nor do the declarations of Adams, testified to by Bradbury and Blake, afford sufficient ground for saying that he is estopped from asserting his title.
The decree of the court below is reversed and the cause remanded, with instructions to enter up a decree in accordance with the views herein expressed.
Beversed.