Apland v. Pott
South Dakota Supreme Court
Appeal from circuit court, Turner county; Hon., E. G. Smith, Judge. Action by Chloe Apland and others against John Pott. Judgment for defendant. Plaintiffs appeal. The facts are stated in the opinion. A fiduciary relation exists between parent and child, client and attorney, principal and agent, etc.
Read the full summary
Appeal from circuit court, Turner county; Hon., E. G. Smith, Judge. Action by Chloe Apland and others against John Pott. Judgment for defendant. Plaintiffs appeal. The facts are stated in the opinion. A fiduciary relation exists between parent and child, client and attorney, principal and agent, etc. The law. seems to be well settled that where such relations exist between the grantor and grantee that the burden of proof is on the grantee to show that the conveyance was freely and deliberately made, to be fair and just and that its execution was not procured by undue 'influence. The rule of…
1Opinion of the CourtFuller, J.
On the 3d day of March, 1898, for 1 ‘one dollar, and the further consideration of the grantor’s care and support throughout her natural life,” Martje Bonneman Pott by warranty deed conveyed her farm, at the time worth about $3,000, to a son, the defendant, John Pott; and this action in equity is by four of her remaining children and two grand children to set aside such deed on the ground that the same was procured by fraud and duress, and is wholly without consideration. Pursuant to the direction of the grantor, expressed in her deed, that instrument was deposited in a certain bank, with the…
2Cases cited4 opinions
- Sweetser v. DobbinsCalifornia Supreme Court · 1884
- Conran v. SellewSupreme Court of Missouri · 1859
- F. Meyer Boot & Shoe Co. v. C. Shenkberg Co.South Dakota Supreme Court · 1899
- Hewlett v. PilcherCalifornia Supreme Court · 1890
3Cited by5 opinions
- Lounsberry v. KellySouth Dakota Supreme Court · 1913
- Lellman v. MillsWyoming Supreme Court · 1906
- First National Bank v. McCarthySouth Dakota Supreme Court · 1904
- Zimmerman v. KitzanNorth Dakota Supreme Court · 1950
- Meyer v. KieckseeSouth Dakota Supreme Court · 1941