Kickland v. Egan
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Robert B. Tripp, Judge. Action by Theodore Kicklancl, against George W. Egan and another, to- recover plaintiff’s -alleged interest in a residuary estate, and to set aside certain transactions between plaintiff and defendant, Egan. From a judgment for defendants, and from an -order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Robert B. Tripp, Judge. Action by Theodore Kicklancl, against George W. Egan and another, to- recover plaintiff’s -alleged interest in a residuary estate, and to set aside certain transactions between plaintiff and defendant, Egan. From a judgment for defendants, and from an -order denying a new trial, plaintiff appeals. (3) Under p-oint three of the opinion, Appellant submitted that: Persons standing in a -confidential relation towards others, must in -order to. entitle themselves to bold benefits which those others may have -conferred upon…
1Opinion of the CourtGates, J.
Plaintiff sought by this action to recover from defendant Egan the residuary assets -of the -estate of one Lafayette Ki-ckland, which were on deposit -in defendant bank amounting to $7,325.21, subject -to the repayment of the sum of $3,000 to the defendant Egan, -if the court should so find. Hereinafter the *431word “defendant” refers to defendant Egan, unless otherwise mentioned. Recovery was sought on two grounds: (a) The invalidity of a contract whereby plaintiff assigned to defendant one-third of plaintiff’s interest in said estate as a consideration for defendant’s attorney’s fees and…
2Cases cited1 opinion
- Egan v. BurnightSouth Dakota Supreme Court · 1914
3Cited by4 opinions
- First National Bank of Beresford v. AndersonSouth Dakota Supreme Court · 1980
- In re EganSouth Dakota Supreme Court · 1916
- Ofstad v. BeckSouth Dakota Supreme Court · 1937
- First National Bank of Beresford v. AndersonSouth Dakota Supreme Court · 1980