Wagner v. Wagner

This equitable aetion, asking for the cancellation of a certain deed and trust agreement covering the real estate in question, is based upon two propositions: (1) Fraud and (2) *482violation of section 10147, Code of 1935 (section 561.13, Code of 1946). The trial court found fraud and canceled the instruments. Defendants have appealed.

Appellees in their brief and argument state: “The instant case, however, does not involve a charge- of actual fraud or collusion, but involves a case of constructive fraud arising out of a confidential and fiduciary relationship.” It is conceded that as between…