Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-03-01
LIST OF SUPREM E
COURT DECISIONS

State of New Mexico. appellant,
rs. w. L. Johnson appellee; Ber-
ralillo county.
This is an action of injunction
brought by the state for the pur-
rose of enjoining appellee from
the practice of osteopathy and
medicine without license. The
court below sustained a demurrer
20 the complaint from which this
appeal is prosecuted.
Judgment of the court below af-
firTned.
Syllabus by the court:
/. Practicing osteopathy or
medicine without the license re-
CURED by law is not nuisance
per Sc.
9. An action IT, 1njoin one from
practicing ostee ..thy and medicine
without license, the averments
A. that such practice constitutes
nuisance and is greatly detri-
mental, dangerous and injurious to
the health of the public, are state
ments of conclusions and not. of
facts and for that reason the COM
Iiaint held not to state facts suf-
ficient to state a cause of action.
Opinion by Merritt c. Mechem.
u. j., Parker. C. j.. and Robert. j.,
concurring.
owen r. Walters, ct al, appel
lees, VS.. Robert o. Walters, appel
Lint: Chaves county.
This is an action brought to i'm
Eress a trust upon real estate. The
plaintiffs are the children of Rob-
ert o. walters deceased, and the
defendant is the infant son of Ray
Walters, deceased, who was child
of the said Robert o. Walters.
Judgment was rendered by the
lower court enforcing the trust
claimed by plaintiffs From this
Judgment the defendant appeals.
Judgment of the court below,
affirmed Syllabus by the court:
/. Where a father in feeble
health had retired from active bus
mess, and had entrusted the man
agemefit and control of his bust
ness affairs, which were extensive,
to his son, who was an energetic
Young man of more than ordinary
business ability and where it APP
peared from all the evidence thai
Il father had complete confidence
in his sons honesty and business |
ability, and that the son was the
dominant party in their relations.
Held, that these facts established |
the existence of confidential fela-
lions between the father and SON..
2. Where confidential relations
between parent and child are
shown to have existed, and where |
a conveyance of property is made |
by the weaker TO the dominant |
party, a presumption arises that
the conveyance was obtained
through undue influence of the /
dominant party and the burden is
on the person claiming under such
a conveyance to show that theJ
typnsaction was bona fide
3. Where there was no evidence
i'm the case to rebut the presumpl1
ton of undue influence it must be
taken as proven fact that the
conveyance was obtained through |
undue influence.
4. Where a son procures from |
his father the legal title to real |
estate without consideration and |
TO the exclusion of the other chill
dren of the father and such title is
obtained through undue influence
exercised by him over his father,
and upon the death of the son the
property descends to his heir,
equity viii Impress a constructive
trust on such real property in the /
hands of the sons heirs and in
favor of the other children of the
father.
SIS. Where appellant abandonsl
an assignment. of errer appellee can
not have the point reviewed with
cut having assigned 1t as error ont
cross assignment.
Opinion by M. c. Mechem. D. J..
Parker, C. j. and Roberts, j.. con-
curing Ii