Barnes v. Spencer
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. TMs is a suit brought by tbe plaintiff, Grace D. Barnes, to impress a resulting trust in her favor upon tbe lands described in tbe complaint, as tbe equitable owner thereof, as against defendant L. S. Barnes, who holds the legal title thereto, and defendant A. B. Spencer, who has a money judgment against him, and to enjoin the defendant Esch, sheriff of Marion County, from selling the same upon an execution…
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From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. TMs is a suit brought by tbe plaintiff, Grace D. Barnes, to impress a resulting trust in her favor upon tbe lands described in tbe complaint, as tbe equitable owner thereof, as against defendant L. S. Barnes, who holds the legal title thereto, and defendant A. B. Spencer, who has a money judgment against him, and to enjoin the defendant Esch, sheriff of Marion County, from selling the same upon an execution issued on Spencer’s judgment. From a decree in favor of plaintiff as prayed for in her complaint, defendants William…
1Opinion of the CourtJustice Bean
1. The defendant Spencer claims as a purchaser in good faith for a valuable consideration, under the provisions of Section 301, L. O. L., which provides that from the date of the attachment, until it be discharged or the writ executed, the plaintiff, as against third persons, shall be deemed a purchaser in good faith and for a valuable consideration of the property attached, and under Section 233, subdivision 4, L. O. L., which declares that an execution is levied on property in the same manner and with like effect as similar property is attached. Defendant maintains that the property is. not…
2Cases cited22 opinions
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Snyder v. MartinWest Virginia Supreme Court · 1880
- Meier v. KellyOregon Supreme Court · 1892
- Rhodes v. McGarryOregon Supreme Court · 1890
- Barger v. BargerOregon Supreme Court · 1897
17 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Holohan v. McCarthyOregon Supreme Court · 1929
- Jansen v. TylerOregon Supreme Court · 1935
- Matter of Estate of HurlbuttCourt of Appeals of Oregon · 1978
- Hughes v. HelzerOregon Supreme Court · 1947
- Coates v. SmithOregon Supreme Court · 1916
11 more not listed; retrieve them via the Exa API.