53-4-7. Undue influence, acts constituting.Undue influence consists:(1)In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; or(2)In taking an unfair advantage of another's weakness of mind; or(3)In taking a grossly oppressive and unfair advantage of another's necessities or distress. Source: CivC 1877, §886; CL 1887, §3510; RCivC 1903, §1204; RC 1919, §819; SDC 1939, §10.0310. 53-4-7. Undue influence, acts constituting.Undue influence consists:(1)In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; or(2)In taking an unfair advantage of another's weakness of mind; or(3)In taking a grossly oppressive and unfair advantage of another's necessities or distress. Source: CivC 1877, §886; CL 1887, §3510; RCivC 1903, §1204; RC 1919, §819; SDC 1939, §10.0310.
South Dakota Legal Code