Hubbard v. Schumaker

Plaintiff sought to have a constructive trust declared on a one-fourth interest in a quarter section of land conveyed by her to her brother, Roger Schumaker, now deceased. The trial court found that a constructive trust had arisen as a result of the confidential relationship which existed between plaintiff and her brother. The court held, however, that plaintiff had intended to sell the property to her brother and his wife under an agreement signed prior to the conveyance in question, and that the constructive trust would continue only until payment of the *12,000 due under the agreement.

Plaintif…