Stephen Johnson Field,
Sanford v. Sanford — Opinion of the Court
“ If one takes a title in his own name, while acting as agent, trustee, or guardian, or in any other fiduciary capacity, a court of equity will, upon a showing of the fact in an appropriate proceeding, subject the lands to proper trusts in his hands, or compel him to transfer the title to the party equitably entitled to it. ”
Stephen Johnson Field,
Sanford v. Sanford — Opinion of the Court
“ It is objected to this contention that the question as to the defendant's right as a pre-emption claimant to the land in controversy was a matter to be determined by the land department, where it was considered. It is true the determination of that department in matters cognizable by it in the alienation of lands under the laws of the United States cannot be collaterally impeached, where its enforcement is sought. In ejectment the question always is who has the legal title for the demanded premises, not who ought to have it. ”
Stephen Johnson Field,
Sanford v. Sanford — Opinion of the Court
“ Besides the want of authority in the commissioner to allow under the form of an amendment an enlargement of the pre-emption claim, the manner in which that officer was imposed upon taints the transaction as one of fraud and misrepresentation on the part of the claimant, by which material facts were concealed from the department. A court of equity has jurisdiction in such a case to compel the transfer to the plaintiff of property which, but for such fraud and misrepresentation, would have been awarded to him, and of which he was thereby wrongfully deprived. ”
