This section contains the nature of the case and procedural background.

Mark and James Gardner (P) were brothers, and they conveyed their interest in farmland to their brother Harry (D) to be used by him as security for a loan. The loan did not materialize, and P requested the land back. D refused and P sued D. D had a two-thirds life estate in the settlement of his father's death. One-third of the estate went to D's mother in fee simple. The remainder in the two-thirds went to D's issue and if he had none to D's siblings. D had no issue. In 1985, D was heavily in debt and got his brothers and sister to give him the remainder interest in the land so D could refinance with the Bank. If the Bank refused, D was to give the interests back. The interests were given to D by a quitclaim deed that did not mention any agreement to reconvey. D's loan was denied, and P requested the interests be returned. The trial court refused to allow evidence of the oral agreement. D prevailed, and P appealed.

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