Bushner v. Bushner

Plaintiff in error Otto Bushner was plaintiff in the trial court. He brought a suit in equity against his brother, Ben Bushner, to compel him, to reconvey an undivided one half interest in lands described in the complaint; alleging that the defendant, although the record owner of the property, held a one half interest in trust under a promise to reconvey to plaintiff upon request. We will refer to the parties as they appeared in the trial court or by given name.

Otto alleged in his complaint that he made the conveyance to his brother, Ben, in 1933 relying upon the confidential relationship of…