McPherson

The plaintiff brought this action to quiet its alleged title to real estate in the possession of the defendants. Wallis D. McPherson and Venita Reche McPherson, his wife. The court found that plaintiff “paid no consideration of any kind or character for any of said prop erty”; that such property “belonged to and was owned by the defendants . . . and one O. F. Brant, now deceased, and that said Wallis D. McPherson and said O. P. Brant were copartners and owned all of said real property jointly, and that said property was deeded to said plaintiff as trustee and as trustee only for the use and benefit of said copartnership” and that the plaintiff “holds only the naked legal title thereto in trust for the use and benefit of the defendants . . . and the estate and heirs of said O. P. Brant, deceased.” Judgment was entered in accordance with the findings and the plaintiff has appealed.

The uncontradicted evidence supports the findings. The plaintiff made no effort to meet the case proved by the defendants, except by the introduction of deeds conveying the lands in question to it. The partnership agreement referred to in the findings was at first oral and later it was reduced to…