Sabin v. Kyniston
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. In Banc. Statement by Mr. Justice Burnett. This is a suit by B. L. Sabin, trustee in bankruptcy of tbe estate of A. L. Kyniston, against T. E. Kyniston and H. A. Patton.
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From Wasco: William L. Bradshaw, Judge. In Banc. Statement by Mr. Justice Burnett. This is a suit by B. L. Sabin, trustee in bankruptcy of tbe estate of A. L. Kyniston, against T. E. Kyniston and H. A. Patton. In substance, the complaint in this suit is that on ' May 12, 1914, in the United States District Court for the District of Oregon, the plaintiff recovered a judgment against the defendant Kyniston for $1,760, with interest and costs upon which on the 22d of that month ah execution was issued and returned unsatisfied before the commencement of this suit; that on May 18, 1914, Kyniston,…
1Opinion of the CourtJustice Burnett
1-3. It is well settled that it is not essentially requisite that there he direct proof of fraud. Indeed, this is generally impracticable, and the deceit necessary to impeach a conveyance may be proven by circumstantial evidence: Elfelt v. Hinch, 5 Or. 255; Williamson v. North Pac. Lbr. Co., 42 Or. 153 (70 Pac. 387, 532); Kabat v. Moore, 48 Or. 191 (85 Pac. 506); Phipps v. Willis, 53 Or. 190 (96 Pac. 866, 99 Pac. 935, 18 Ann. Cas. 119). On the other hand, it is a legal platitude to say that he who alleges fraud or any other material matter which is denied must prove the same according to his…
2Cases cited11 opinions
- State v. SteevesOregon Supreme Court · 1896
- Harrington v. JonesOregon Supreme Court · 1909
- Phipps v. WillisOregon Supreme Court · 1908
- Ball v. DantonOregon Supreme Court · 1913
- Coffey v. ScottOregon Supreme Court · 1913
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3Cited by8 opinions
- State Ex Rel. Oregon State Bar v. LenskeOregon Supreme Court · 1978
- Whitney v. DayOregon Supreme Court · 1917
- ANDERSON v. PalmerOregon Supreme Court · 1924
- Delsman v. WilcoxOregon Supreme Court · 1925
- Gowan-Lenning-Brown Co. v. KingmanOregon Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.