Kyle

This action was brought by one Robert Bright to have it adjudged that the defendant holds the legal title to certain real estate, described in the complaint, in trust for plaintiff, and that defendant be required to execute and deliver to plaintiff a good and sufficient deed to said real -estate, and also to recover certain moneys that are alleged to -be the property of plaintiff, and held by defendant in trust for him. The facts, as shown by the record -and found by the court, are in substance as follows: The original plaintiff, Robert Bright, and the defendant were brother and sister, and for many years prior to June 7, 1895, they had lived together in the same house and on the most friendly and confidential relations. The plaintiff was then about seventy-eight years -old and the defendant about seventy-six. About the 31st of May, 1895, the original plaintiff was afflicted with a severe stroke of paralysis and became so ill -that on the seventh day of June following he was in danger and expectation of immediate death, and while in such condition he assigned to defendant deposits amounting to about seventeen thousand dollars in certain savings banks, and also executed and…