Sing You v. Wong Free Lee
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. J. B, Moore, Judge. Action by Sing You against Wong Free Lee and another, in which Wong Buck and others intervene. From a judgment in favor of defendants and interveners, and from an order denying a new trial, plaintiff appeals. The rule with reference to the evidence required to establish a resulting trust is that it must be clear, satisfactory and convincing.
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Appeal from circuit court, Lawrence county. Hon. J. B, Moore, Judge. Action by Sing You against Wong Free Lee and another, in which Wong Buck and others intervene. From a judgment in favor of defendants and interveners, and from an order denying a new trial, plaintiff appeals. The rule with reference to the evidence required to establish a resulting trust is that it must be clear, satisfactory and convincing. The rule is based on the soundest legal principles, for the parol proof must, of necessity, be the testimony of witnesses as to what parties have said or verbally agreed to — a class of…
1Opinion of the CourtCorson, J.
The plaintiff, Sing You, a Chinaman, brings this action against the defendants Young and Wong Free Lee to compel them to convey to him a one-eighth interest in certain quartz lodes situated near Deadwood, in the county of *385Lawrence, of which he claims he is the owner. The defendants deny that he is the.owner of the one-eighth interest in the property, bnt admit that he is the owner of a one-sixteenth interest therein, and allege that they have delivered to him a deed for that interest. Four other Chinamen — Wong Buck, Wong Nim, Kai Hock and Wong Hoy — claim to be the owners of the…
2Cases cited7 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Howland v. BlakeSupreme Court of the United States · 1878
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Nevius v. . DunlapNew York Court of Appeals · 1865
- Dalton v. DaltonNevada Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Clark v. FrazierSupreme Court of Oklahoma · 1918
- Jones v. JonesSouth Dakota Supreme Court · 1940
- Lenker v. MusilekSouth Dakota Supreme Court · 1953
- Schmidt v. ScanlanSouth Dakota Supreme Court · 1913