Bosworth v. Hagerty

This action concerns the title to a tract of land in Aurora County containing about 536 acres. The record title thereto was in E. B. Bosworth at the time of her death. The plaintiff, D. W. Bosworth, is her surviving husband and the defendant, John A. Hagerty, is her son by former marriage. These two are her sole heirs at law.

It is the claim of the plaintiff, predicated on SDC 59.0102(4), that his deceased wife held the title to this property as the trustee of a resulting trust for his benefit because he had paid the consideration therefor. He asks in the alternative that if this is not…