Clifford v. Latham

Citations

• 19 S.D. 376
• 103 N.W. 642
• 1905 S.D. LEXIS 51

Syllabus

<p>Where, in a suit against an attorney to declare a resulting trust in certain land purchased by the attorney, complainant testified that he was the owner of a tax deed on the premises, and employed the attorney to procure for him the outstanding title, which the attorney afterwards obtained for himself, hut he testified that he had been regularly retained to protect the adverse interests, and to sue to set aside complainant’s tax deed, and unequivocally denied that he was ever employed by complainant, an order granting defendant a new trial after an adverse decree was not such an abuse of discretion as justified a reversal thereof on appeal.</p>