Blackford v. Boak
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Moore. This is a proceeding supplemental to an execution, to compel the surrender of a promissory note in order that the proceeds thereof might be applied on account of a judgment. From affidavits filed on behalf of the plaintiff, Dan Blackford, it appears that he secured a judgment against the defendants, G-ussie M. Boak, Walter Boak and John Bidenour.
Read the full summary
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Moore. This is a proceeding supplemental to an execution, to compel the surrender of a promissory note in order that the proceeds thereof might be applied on account of a judgment. From affidavits filed on behalf of the plaintiff, Dan Blackford, it appears that he secured a judgment against the defendants, G-ussie M. Boak, Walter Boak and John Bidenour. An execution was issued on the judgment, and, obeying the command of the writ, the sheriff of Douglas County, Oregon, served a notice of garnishment upon Bidenour, who, for…
1Opinion of the CourtJustice Moore
Are the proceeds arising from the voluntary sale of exempt personal property liable to execution, when the fund so obtained is intended to be reinvested in exempt property? If so, is the answer herein sufifi*64cient to bring tbe case within that principle? In the absence of an enactment, the rule governing the first inquiry is thus stated by a text-writer:
“When exempt personal property is exchanged for property in kind or like character, the property received in exchange is. also exempt; but when property is sold for money, or is exchanged for merchandise or other property not exempt under the…
2Cases cited2 opinions
- Cullen v. HarrisMichigan Supreme Court · 1896
- Tillotson v. . WolcottNew York Court of Appeals · 1872
3Cited by14 opinions
- In Re EarnestUnited States Bankruptcy Court, D. Oregon · 1984
- Childers v. BrownOregon Supreme Court · 1916
- Schukart v. GerousbeckOregon Supreme Court · 1952
- Ettinger v. Central Penn National BankDistrict Court, E.D. Pennsylvania · 1979
- Furst & Thomas v. ElliottIdaho Supreme Court · 1936
9 more not listed; retrieve them via the Exa API.