Gladstone Lumber Co. v. Kelly
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. The plaintiff, Gladstone Lumber Company, a corporation, in its own right and as assignee of sundry claims of others, recovered judgment against the firm of Kelly & Mahoney. While the partnership was indebted on the original claims, Kelly conveyed to his wife certain real property; the record title of which theretofore was in the name of them both jointly.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. The plaintiff, Gladstone Lumber Company, a corporation, in its own right and as assignee of sundry claims of others, recovered judgment against the firm of Kelly & Mahoney. While the partnership was indebted on the original claims, Kelly conveyed to his wife certain real property; the record title of which theretofore was in the name of them both jointly. An execution having been ■issued on the judgment and returned unsatisfied, the plaintiff began this suit against Kelly and his wife to set aside the conveyance…
1Opinion of the CourtJustice Burnett
1. On behalf of the plaintiff the only testimony about where the real ownership of the premises in dispute was vested came from the defendant husband, whom the plaintiff called as a witness. The plaintiff having thus vouched for his credibility, he testified very clearly that the money invested in the land was his wife’s separate property, coming to her from the estate of her former husband;'that he himself did not invest anything whatever therein; that, without his wife’s knowledge or consent, he took the title of the property in the names of them both; and that as soon as the fact came to…
2Cases cited12 opinions
- Meier v. KellyOregon Supreme Court · 1892
- Rugh v. OttenheimerOregon Supreme Court · 1877
- Dimmick v. RosenfeldOregon Supreme Court · 1898
- Bruce v. Phœnix InsuranceOregon Supreme Court · 1893
- Wiseman v. N. P. R. R.Oregon Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mascall v. MurrayOregon Supreme Court · 1915
- Thompson v. HendricksOregon Supreme Court · 1926
- Wilson v. Willamette Industries, Inc.Oregon Supreme Court · 1977
- Lane v. MyersOregon Supreme Court · 1914
- McCully v. HeaverneOregon Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.