Davis v. Davis
Oregon Supreme Court
Douglas county: R. 8. Bean, Judge. Defendants appeal. The plaintiff is a judgment creditor of the defendant M. W. Davis, and brings this suit to set aside a voluntary deed made by M. W. Davis to Emily Davis. At the time the deed in question was made, Emily Davis was M. W.’s wife, but a separation occurred soon thereafter and a divorce was obtained by the wife.
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Douglas county: R. 8. Bean, Judge. Defendants appeal. The plaintiff is a judgment creditor of the defendant M. W. Davis, and brings this suit to set aside a voluntary deed made by M. W. Davis to Emily Davis. At the time the deed in question was made, Emily Davis was M. W.’s wife, but a separation occurred soon thereafter and a divorce was obtained by the wife. The complaint is in the usual form in such case except that it is not alleged therein that an execution had been issued on the judgment and a return of nolle bona made thereon; but it is alleged that M. W. Davis had no property…
1Opinion of the CourtStbahan, C. J.
— In the view we take of this case, it is not necessary to particularly notice all of the questions attempted to be raised by counsel for appellant on this appeal. In the first place, it must be conceded that the plaintiff recovered a judgment against the defendant M. W. Davis on a note that bears date prior to the execution of the deed to Emily Davis, and that there was no valuable consideration passed between Emily and M. W. Davis at the time the deed was executed; in other words, that it wras *83purely a voluntary déed. This entitles the plaintiff to the relief which he seeks, that is, to set…
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