Keel v. Levy
Oregon Supreme Court
Appeal from Marion county: R. P. Boise, judge. This suit is prosecuted by the respondent to secure a partition of certain personal property consisting mainly of grain grown upon the defendant’s farm and some land leased of other parties. The grain was raised by the plaintiff and one Rickey as partners. During all of the times mentioned in the pleadings, Rickey was indebted to the defendant in a large amount of money.
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Appeal from Marion county: R. P. Boise, judge. This suit is prosecuted by the respondent to secure a partition of certain personal property consisting mainly of grain grown upon the defendant’s farm and some land leased of other parties. The grain was raised by the plaintiff and one Rickey as partners. During all of the times mentioned in the pleadings, Rickey was indebted to the defendant in a large amount of money. After the grain had been sown, Rickey executed a mortgage to one A. Grant on his interest in the grain to secure the payment of §700 which he had theretofore borrowed of Grant,…
1Opinion of the CourtSteahan, J.
The fact that Keel executed his note and mortgage on his one-third interest in the crops as surety for the $700 borrowed by Rickey of Grant, must be taken as established by a clear preponderance of the evidence. Such is the plain import of the mortgage made by Keel to Grant, and it is not attacked for fraud, either by the pleadings (Misner v. Knapp, 130, 135) or, directly, by the evidence. It is true the appellant refers to some of Keel’s evidence on his cross-examination in relation to borrowing money, from which it is suggested an inference of fraud might be drawn, but I do not think this…
2Cases cited7 opinions
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Muir v. BerkshireIndiana Supreme Court · 1875
- Shaver v. WilliamsIllinois Supreme Court · 1877
- Lynch v. . PfeifferNew York Court of Appeals · 1888
- Rider v. EdgarCalifornia Supreme Court · 1880
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3Cited by17 opinions
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- Phipps v. WillisOregon Supreme Court · 1908
- Adams v. Caldwell Milling & Elevator Co.Idaho Supreme Court · 1921
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