Pelton v. Sheridan
Oregon Supreme Court
From Douglas: Me. James W. Hamilton, Judge. Statement by Mr. Justice Mooee. This is an appeal by a trustee in bankruptcy from a part of-a judgment.
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From Douglas: Me. James W. Hamilton, Judge. Statement by Mr. Justice Mooee. This is an appeal by a trustee in bankruptcy from a part of-a judgment. The facts are that, an action having been commenced in the Circuit Court of the State of Oregon for Douglas County by J. E. Pelton against T. R. Sheridan to recover the amounts of two promissory notes executed by the defendant, a writ of attachment was issued and duly levied upon Sheridan’s real property situate in that county, creating a lien on the premises March 19, 1913. Pursuant to the provisions of our statute, entitled “An act to secure…
1DissentJustice Burnett
delivered the following dissenting opinion:
In this case the plaintiff instituted an action against the defendant March 19, 1913, and on the same day caused an attachment to be levied upon the defendant’s real property. The next occurrence in the order of events was an assignment by Sheridan of all his property on November 7, 1913, for the benefit of his creditors, under the provisions of the state assignment law found in Sections 7540-7555, L. O. L. This deed was recorded in the county, where the real property was situate, November 11, 1913. In pursuance of a petition filed in the United…
2Cases cited4 opinions
- Randolph v. ScruggsSupreme Court of the United States · 1903
- In re ChaseCourt of Appeals for the First Circuit · 1903
- Johnson v. CrawfordU.S. Circuit Court for the District of Middle Pennsylvania · 1907
- Thompson v. ShawSupreme Judicial Court of Maine · 1908