The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-12-17
Reversal Of the Order Of the Lower
4 Court Sustaining the Claim Of the
Plaintiff.

The following is the text of the opin-
ION of the supreme court of the state OF
Minnesota, filed Dec Is, in the case of
Shevlin VS.. Shevlin:
1889. -. 81
State of Minnesota, Supreme Court,
/, October Term, A. D. 1905. No. 8.
Edwin c. Shevlin. Appellant, VS.. Thorn
as H. Shevlin, Respondent. Syllabus:
In a proceeding to set aside a con-
tract made by younger with his elder
brother, on the ground of fraud and
iuress, the findings Of the trial court
Are entitled to the recognized presump-
Zion in their favor. The appellant can
prevail only upon the facts which are
So found or are essentially uncontra-
aicted or stand admitted upon the plead
Hngs.
Where confidence is reposed by one
brother in another and that confidence
lis 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-
united to retain any undue advantage
ghc may have gained.
/ There is no presumption of fduciary
relations between brothers, especially
where both Of them are of mature years
land have had experience in the mat
gters of business as to which fraud IS
Salleged. The fact that such confidential
relation existed must be affirmatively
established by proof: the burden of
gproof rests upon the party asserting 1T.
{ Upon the substantially admitted facts
lin this case it is held that the elder
sbrother sustained a quasi paterna! re-
Alation to his younger brother, especially
lin view of that younger brothers. ex-
2treme weakness. though falling short
Bof incapacity arising. from habltual in,
sdulgence in Intoxicating liquors.
The facts in this case show that the
5younger brother did not have full or &C
scurate knowledge Of the value, of the
stock constituting his whole fortune
(which he sold to his brother and that
1.-THE elder brother to secure such trans
faction exercised an undue influence over
the younger.
The relation existing between the par
ties. the Younger brothers financial SIT
Iuation and physical and mental cond1
ton at the time of transfer, his know
edge of the value of the stock he trans
ferred and the elder brothers own yer
sion of the exercise Of his influence
show that the parties did not deal or
equal terms or at arms length, and threw
on the defendant the burden of estab
fishing that no undue advantage hat
been taken by him.
The elder brother did not IN TINS case
bear the burden of. showing that tht
consideration of the transfer was AIDE
quate and equitable; the actual consid
Grafton was $4,000; the answer al
legged at one place that the stock wa
not worth more than ST 900 upon :
speculative basis; the trial court foun(
that it was worth $93 900.
The trial court was not justified b.
the testimony in finding that the young
er brother wnen mentally sound AM
fully competent and with full and &C
curate knowledge of all the facts rela
tive thereto, ratified the sale Of stoc
to the elder brother.
To establish a ratification it must b
shown that the person ratifying acte
with full knowledge OF all material pal
ticulars and circumstances. lmperfec
and incomplete information is not stuff
cient. #[f u.
The wrong doer cannot make extrem
vigilance and promptitude condition
of the affirmative disapproval of pt
- cuniary =. transactions by the part
wronged. g,
Mere submission to an injury afte
the act inficting it is completed cal
not generally and in the absence G
other circumstances, take away rigt
of action, unless such acquiescence COZ
tinues for the period limited by tn
statute for the enforcement Of sue
right.
The only relief which this court ca
grant the younger brother in this cas-
is to reverse the judgment appeale
from.
Judgment reversed. -: