Philbrick v. O'Connor
Oregon Supreme Court
Appeal from Multnomah County. The facts appear in the opinion of the court, 1. Indicia of fraud. O’Connor was a man of no financial ability to purchase. (Glen v. Glen, 17 Iowa, 498-; Seymore v. Lewis, 13 N. J. Eq. 457.) 2. The price was inadequate. (Seymore v. Delaney, 6 Johns. Ch. 222; Bump’s Fraudulent Conveyances, p. 43; Kemper v. Churchill, 8 Wall. 362.) 3. The consideration was fictitious. (Bank v. O’Rouke, 40 N. J. Eq. .98.) 4. The grantor remained in possession.
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Appeal from Multnomah County. The facts appear in the opinion of the court, 1. Indicia of fraud. O’Connor was a man of no financial ability to purchase. (Glen v. Glen, 17 Iowa, 498-; Seymore v. Lewis, 13 N. J. Eq. 457.) 2. The price was inadequate. (Seymore v. Delaney, 6 Johns. Ch. 222; Bump’s Fraudulent Conveyances, p. 43; Kemper v. Churchill, 8 Wall. 362.) 3. The consideration was fictitious. (Bank v. O’Rouke, 40 N. J. Eq. .98.) 4. The grantor remained in possession. (Bank v. Fink, 7 Paige Ch. 94; Jackson v. Mather, 7 Cowen, 301; Hildreth v. Sands, 2 Johns. Ch. 35.) 5. The transaction was…
1Opinion of the CourtStbahan, J.
The plaintiff recovered a judgment in the Circuit Court of Multnomah County against the defendant P. C. Smith for five thousand dollars, for the wilful and malicious shooting and wounding of the plaintiff by said Smith. At the time of the commencement of said action Smith was the owner and in the possession of the property in controversy; but before judgment he conveyed the same to the appellant. The plaintiff sued out execution on his judgment, which being returned nuttu bona, he brings this suit to set aside the deed made by Smith to O’Connor, pending the original action, on the ground…
2Cases cited2 opinions
- Crawford v. BeardOregon Supreme Court · 1885
- Coolidge & McClaine v. HenekyOregon Supreme Court · 1884
3Cited by13 opinions
- Clarke v. Philomath CollegeOregon Supreme Court · 1920
- Ball v. DantonOregon Supreme Court · 1913
- Garnier v. WheelerOregon Supreme Court · 1901
- State Ex Rel. Nilsen v. CushingOregon Supreme Court · 1969
- Morrell v. MillerOregon Supreme Court · 1896
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