Tanous v. Johnston

Defendant asserts that the complaint fails to state facts sufficient to constitute a cause of suit in that it fails to allege the insolvency of Edith L. Johnston. This contention is untenable. Plaintiff has alleged and proved that a lien on the real property in question was obtained by virtue of a writ of attachment. The-complaint is in the usual form of a creditor’s suit and contains the necessary allegations to invoke equitable jurisdiction: Ryckman v. Manerud, 68 Or. 357 (136 Pac. 826, Ann. Cas. 1918C, 522); Matlock v. Babb, 31 Or. 523 (49 Pac. 873); Dawson v. Sims, 14 Or. 561 (13 Pac.…