Section 53-4-6 - Constructive fraud, acts constituting Constructive fraud consists:
(1) In any breach of duty which, without any actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under him, by misleading another to his prejudice or to the prejudice of anyone claiming under him; or(2) In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud. CivC 1877, § 884; CL 1887, § 3508; RCivC 1903, § 1202; RC 1919, § 817; SDC 1939, § 10.0308.