The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-12-15
THOMAS SHEYLIN
LOSES HIS SUIT.
Supreme Court Reverses judy
ment in Celebrated Case Of
Brother Against Brother.
Opinion Holds that Elder Brother
Exercised Undue Influence
Over Younger One.

Judgement in the famous suit Of /
shevlin VS.. shevlin, tried year ago
asst August before Judge D. T. simp-
Jon, who found for the defendant,
Thomas II. Shevlin, was reversed today
By the supreme court, to which Edwin |
G. Shevlin took appeal.
The suit was brought by Edwin G.
Sheylin against his older brother to set
aside contract made by him, on the
ground of fraud and duress. The con-
tract involved the sale by E. g. Shevlin
the Crookston Lumber company and
the St. Hi1aire Lumber company, and
testimony concerning the private lives
Of the two litigants aroused much inter
est.
Messrs. Lancaster & MCGEE, attorneys
for the defendant, did not wish to make
any comment today on the decision of
garding future action in the matter.
Grounds for the Decision.
The syllabus Of the supreme court
decision is as follows:
4, Edwin G. shevlin, appellant, vs..
Syllabus In a proceeding to set
aside a contract made by a younger
with his elder brother, on the ground
Of fraud and duress, the findings Of the
trial court are entitled to the recog
nized presumption in their favor. The
appellant can prevail only upon the
facts which are SO found or are essen
italy uncontradicted or stand admit
ted 4. upon ql2e the plssaadings: :, s !
a n mr. a
is. abused by the brother having it in
his power, for his own advantage. to
sacrifice those interests which he is
bound to protect, he will not be per-
mitted to retain any undue advantage
he may have gained.
There is no presumption Of hdu-
ciary relations between brothers, espe-
eially where both of them are Of ma
+ ture years and have had experience
fraud is alleged. The fact that such
eonfdential relation existed must gba
Automatically established by proof; aashe
burden Of proof rests upon the party
asserting it. sasf
Upon the substantially ADMITTED
facts in this case it is held that the
lelder brother sustained quasi pater-
nal relation to his younger brother
especially in view Of that younger
brothers. extreme weakness, tho fall.
ing short Of incapacity arising from
Undue influence Found.
- The facts in. this case show thai
the younger brother did not have full
or accurate knowledge of the value OF
the stock constituting his whole for
tune, which he sold to his brother, and
that the elder brother, to secure slcl
fence over the younger.
sThe relation existing between thu
parties, the younger brother g fnancia
situation and physical and mental con
idtion at the time Of transfer, hi
knowledge of the value of the stool
he transferred and the elder brother
own version Of the exercise Of his inf1u
Ience, show that the parties did not dea
on equal terms or at arm Is length, AM
threw on the defendant the burden O
establishing that no undue advantag
!. had been taken by him,
" The elder brother did not IN thi
case bear the burden of showing tina
adequate and equitable; the actual con
sideration was $4,000; the answer al
legged at one place that the stock va
not worth n1ore than 100000 upon
speculative basis; the trial court forn,
! that 1t was worth $4,000.
The. trial court was not justified b
the testimony in finding that th
younger brother, when mentally SCUM
and fully competent and with full an
accurate knowledge Of all the facts re
alive thereto, ratified the sale of stoc
to the older brother.
To establish a ratification 1t mus
be shown that the person ratifyin
! acted with full knowledge Of all mat,
I rial particulars and circumstances. In
S perfect and incomplete information
not sufficient.
I The wrong doer cannot make e,
{ treme vigilance and promptitude cord
. lions Of the affirmative disapproval
!: pecuniary transactions by the part
8 wronged.
) Mere submission to an injury aft,
s the act inficting it is completed cam,
z generally and In the absence Of 9th.
! circumstances, take away a right Of a
. tion, unless such acquiescence continue
. for the period limited by the statute f
8 the enforcement Of such right.
8 1.-THE only relief which this court CO
): grant the younger brother in this ca
Al Is to reverse the Judgment appeal,
s from.
!. Judgment reversed Jaggard, j.