Graham v. Selbie

Citations

• 10 S.D. 546
• 74 N.W. 439
• 1898 S.D. LEXIS 25

Syllabus

<p>1. Where an action was tried on the theory that there was a resulting trust in realty purchased with plaintiff’s money, it cannot he first urged on appeal that the transaction was a partnership venture, by which each party acquired an interest in the property.</p> <p>2. Where minor heirs are parties defendant to an action to establish a resulting trust against their ancestor’s estate, their rights can be affected only by a judgment supported by evidence, though other defendants admit the allegations of the complaint. CORSON, P. J., dissenting.</p>