Reemsnyder v. Reemsnyder

The opinion of the court was delivered by

Mason, J.:

Otto H. Reemsnyder died intestate April 12, 1905, while holding the legal title to a tract of land. His brother, Harvey E. Reemsnyder, brought a suit against Otto’s heirs, claiming such title to have been held for the benefit of both of them and asking that he be decreed to own an undivided half interest in the land and that it be partitioned. A demurrer to the plaintiff’s evidence was sustained, and this proceeding is brought to review that ruling.

The evidence tended to show this situation: The *567brothers as equal partners had been engaged in…