Matlock v. Alm
Oregon Supreme Court
From Marion ¡'George Gr. Bingham, Judge. Department 2. This is a suit in equity to set aside an alleged fraudulent conveyance, and subject the property in question to execution under plaintiff’s judgment. The defendant Julius Aim is the father of the defendant Christian Aim.
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From Marion ¡'George Gr. Bingham, Judge. Department 2. This is a suit in equity to set aside an alleged fraudulent conveyance, and subject the property in question to execution under plaintiff’s judgment. The defendant Julius Aim is the father of the defendant Christian Aim. Plaintiff’s judgment, which he is seeking to fasten as a lien upon the land in question, grew out of an automobile accident, in which a collision occurred between an automobile driven by the defendant Christian Aim, and one in which plaintiff’s intestate was riding. The machine in question belonged to the defendant,…
1Opinion of the CourtBennett, J.
1, 2. We are satisfied with the findings of the court below as to the character of the conveyance in question. It seems to be the established practice in this state, where the transaction is tona fide, but the consideration inadequate, to treat the conveyance as a mortgage, and permit the property to be sold, and the proceeds applied, first, upon the amount actually due from the grantor to the grantee; second, upon the claim of the judgment creditor: Morrell v. Miller, 28 Or. 354 (43 Pac. 490, 45 Pac. 246); Hazeltine v. Epsie, 13 Or. 301 (10 Pac. 423) . Neither shall we disturb the findings…
2Cases cited5 opinions
- Farmers' & Merchants' National Bank v. MosherNebraska Supreme Court · 1901
- Morrell v. MillerOregon Supreme Court · 1896
- Winfield National Bank v. CrocoSupreme Court of Kansas · 1891
- Zent v. GilsonWashington Supreme Court · 1909
- Haseltine v. EspeyOregon Supreme Court · 1886