The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1916-02-17

| was BOer leader.
at the time of making such power
of attorney and agreement, Eean
had knowledge and information re-
ceived by him from firm of attor-
neys in Cleveland, Ohio, that the
share of the estate of Theodore Kick
land would be between six and ten
thousand dollars and the probatine
OF the same would be fully looked af-
ter by the executive of the state and
that the services of any attorney in
I Dakota would be merely nominal
that on the first day of September,
| 1911, Egan induced Kickland to
execute and deliver to him a war
VANITY deed for bill of sale in which
he conveyed to Egan all of his in
terest in the estate of Layfayette
kickland for the sum of $4,000, and
that said property so sold and con-
veyed was then of the value of more
than $4,000 and that such fact was
known by Egan then, and not known
to kickland. That at the time of
execution of said deed Egan had
knowledge that the property could
be sold for an amount in excess of
$4,000, but in order to induce Kick
land to sell the same to him for
$4,000 represented to kickland that
he. Egan. believed there was grave
danger that the Will would not be
sustained, and withheld from Kick
land information which he possessed
TO the effect that the property could
be sold for more than $4,000"
Hatland Was Insane.
In the Hatland charge the find
ings of facts are: "That on the 2Sth,
29th and goth days of January, 1915,
Jacob Hatland had number of in
terviews with Egan and that at the
same time said Hatland was insane,
lusions and he wished to employ
Egan to protect him from people
whom he could not and did not name,
but whom he said were after him,
talking about him and trying to get
him. On these dates Hatland ac-
tually had no reason for consulting
an attorney. He had done no wrong
to anyone and his troubles We're
purely imaginary. and he could talk
to no one regarding his imaginary
troubles without saying they We're
after him, We're going to get him,
We're trying to get him. or that de-
tectives We're trailing him and
George w. Egan on the 2Sth, goth
and 30th days of january, 1918,
knew that Hatland was mentally un-
sound and incompetent to transact
any business connected with the
subject of his imaginary troubles.
On the 2Sth, 29th and 3Oth days of
January Egan induced said Hatland
ito pay to him S275 and to execute to
him note for $1,000 and mortg-
Iage securing the same. On the 18th
day of February, 1915 Thomas Wag-
aness was appointed by the county
court of Minnehaha county as guard
ian of the person and estate of Jacob
Hatland, and said Hatland was by
said court found to be incompetent,
and that on the 27th day of Febru-
Iary written notice and demana
signed by the guardian of Hatland
for the amount of money and note
rand mortgage secured from Hatland
by Egan through fraud. That Egan
ignored said notice and suit was
brought for recovery and that said
Egan performed no legal service
whatever other than consulting with
him on the 2Sth, 29th and 30th days
Inf January, 1916"
account Was PADDED
In regard to the Perreault case the
referees find that on the 23rd day of
May. 1911. one Urban S. Perreault
employed Egan to represent him in
an action brought against the Wis
consin Granite company, under con-
tract in which Egan agreed that he
Was to have one-third of whatever
settlement should be made out of
court, and in the case of trial, he
was to have so per cent of what he
recovered, and that he was to pay all
his own expenses and if no recovery
was made either by settlement or in
court, he was to charge no fee and
Perreault was to be in no way indebt-
ed to him. Under this contract Egan
began suit against the Wisconsin
Granite Co. in circuit court of Min
ndhaha county and it was transferred
by the company to the United States
court, Where demurrer was filed
and the action dismissed. Subse-
quently Egan instituted new ac-
tion in Minnehaha county which was
tried and resulted in verdict and
judgement for Perreault. An appeal
was taken to supreme court and low
ler court affirmed. And the referees
/ find that on Or about Nov. 3, 1913
there was paid to Egan as attorney
/ for Perreault in satisfaction of said
1 judgment, 2,219.55, the amount SC
!, paid including costs taxed by the
circuit and supreme courts and in
terest on said judgment. On Nov
4th Egan turned the check to the
bank. and had credited to himself
s1161.o5, and there was paid to min,