Sabin v. Wilkins
Oregon Supreme Court
From Benton: J. C. Fullerton, Judge. Suit by Robert L. Sabin against S. N. Wilkins, Mary A. Wilkins, his wife, F. M. Johnson, his general assignee for creditors, and D. A. Osburn, sheriff of Benton County, to set aside a chattel mortgage to Mrs. Wilkins and the general assignment to Johnson on the ground that they were parts of a preconceived plan to assign with a preference. The plaintiff also seeks to have his attachment declared a first lien on the property of Wilkins.
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From Benton: J. C. Fullerton, Judge. Suit by Robert L. Sabin against S. N. Wilkins, Mary A. Wilkins, his wife, F. M. Johnson, his general assignee for creditors, and D. A. Osburn, sheriff of Benton County, to set aside a chattel mortgage to Mrs. Wilkins and the general assignment to Johnson on the ground that they were parts of a preconceived plan to assign with a preference. The plaintiff also seeks to have his attachment declared a first lien on the property of Wilkins. The facts are fully stated in the opinion. There was a decree as prayed, from which defendants appeal.
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
This is a creditor’s suit to set aside a chattel mortgage executed by the defendant S. N. Wilkins to his wife, Mary A. Wilkins, and also an assignment subse*455quently made by Wilkins to the defendant Johnson. Plaintiff’s contention, comprehensively stated, is that the mortgage is void upon the alleged ground that the mortgagor was allowed to retain possession of the mortgaged property, and to sell and dispose of the same for his own use and benefit in the usual course of trade; and that the execution of the mortgage was part of a preconcerted scheme to, effect a…
2Cases cited7 opinions
- Currie v. BowmanOregon Supreme Court · 1894
- Sabin v. Columbia Fuel Co.Oregon Supreme Court · 1893
- Jolly v. KyleOregon Supreme Court · 1895
- Orton v. OrtonOregon Supreme Court · 1879
- Jacobs Bros. & Co. v. ErvinOregon Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kenney v. HurlburtOregon Supreme Court · 1918
- Teshner v. RoomeOregon Supreme Court · 1922
- Scandinavian-American Bank v. SabinCourt of Appeals for the Ninth Circuit · 1915
- Hesse v. BarrettOregon Supreme Court · 1902
- Ladd v. JohnsonOregon Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.