Show REVERSE DECISION OF LOWER OER COURT Judge McCarty Holds Physician May Not Unduly Influence Influence Influence ence Patient b by Judge o l Ferdi- A given gl ini of or tho r First i or of well known residents reid resi- court In a suit sull dents or of Logan to cancel a L deed to Is re reversed In an opinion property Inthe In handed down which was The case caso SS the State that of Joseph court S S. S ant and Zinn lna S. S against Dr Dr T TIt of or Lo Logan an S It fl and David C C. Budge The court COUlt opinion set aside a a Judgment ment in favor or of or th the Bud Budges es and directS 1 1 recta that entered In favor of the Judgment be written Petersons Tho The opinion was bv hy Justice McCarty and Is concurred In b by 13 Chief Chic Justice Jr D D. N N. Property had been heen convoyed h bj by Peterson In 1906 It wa was alle allowed alleged e while e eho ho was lii III to the tho Budges who attended attend attend- ed Peterson for some ome time In a medi medical cat cal way Tho The property was worth 7 It was held that Peterson being being- threatened with foreclosure on some property properly was In Induced to transfer the tho property on th the fi representation PT e a I that thit l It would bo ho uL DOCK 10 U i VII Uj i his paying expenses In the mat mutter matter tor It was alleged e during tho trial of or orthe the case caso that Pet Peterson r on was sick flick when he made mado the tho transfer but this was denied de tIe- nied b by tho the nudges Budges CS Justice Prick holds holdi that tho the evidence was not nol of or a character to support the allegations of or duress and fraud and that the tho lower court was Justified In taking tho the stand It did lid on this part of or the thio question ques ques- tion but that tho the District court should not noL have have- hold that the fiduciary relation relation rela role tion of ot physician an and patient did not exist between the parties to the case at the time of ot tho the transfer In regard to the tho consideration Justice PrIck Frick says fla's a physician IOn may exercise his jud Judgment ment In dealing with his patient If It the relation Is 18 not abused |