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.