160 N.W. 1006 | S.D. | 1917
In this proceeding in disbarment the accused attorney, among other things, was charged with having fraudulently-and criminally, by false representations, induced one Tetta Lammers, a mortgagee, toi whom accused, as mortgagor, owed money secured by a real estate mortgage upon 39 town lots, to execute a certain release upon the whole of said 39 lots, when in truth and in fact she intended to execute and thought she was executing a release upon only three of said lots. It also appears that in the circuit court of Turner county accused was informed against by the state’s attorney for having feloniously and willfully secured, by false pretenses and representations, the signature of said Tetta Lammers to said release of 39 lots; and that upon the trial of said action before a jury the said- accused’ was found guilty as charged in said information-; and that an appeal was taken to the Supreme Court from said judgment of conviction, and which: appeal resulted in the affirmance of said judgment. State v. Van Ruschen, 38 S. D. 187, 160 N. W. 811. Based upon said judgment of conviction the referee, to whom this cause was referred for findings of fact and conclusions of law, has filed report that the conduct of the accused in relation to the obtaining of said relea-se from Mrs. Lammers was unlawful, wrongful, and fraudulent.
Based upon the findings and conclusions of the referee, we are of the view that the accused should be permanently dis'bared from practicing law in this state, and that his' name be stricken from the roll of attorneys 'authorized' to practice law by this court; and judgment may be so entered, with costs1.