Morrell v. Miller
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit to set asid_e certain conveyances and mortgages as being in fraud of creditors. The facts out of which it arose are briefly as follows: On November ninth, eighteen hundred and ninety-two, Joseph Miller shot and seriously wounded the plaintiff, Otto Morrell, for which offense Miller was arrested the same day, and on the fifteenth of December the grand jury of Multnomah.
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit to set asid_e certain conveyances and mortgages as being in fraud of creditors. The facts out of which it arose are briefly as follows: On November ninth, eighteen hundred and ninety-two, Joseph Miller shot and seriously wounded the plaintiff, Otto Morrell, for which offense Miller was arrested the same day, and on the fifteenth of December the grand jury of Multnomah. County returned three indictments against him for offenses growing out of said shooting. Afterwards, about April twenty-first, eighteen hundred and ninety-three,…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. The first question made here, and upon which the main controversy hinges, is upon the finding of the court below: “That both said deeds of conveyance from Miller to Lord, and Lord’s deed of conveyance to Mays, were intended by all the parties to convey the legal title to said property in trust for said Miller; and that said legal title was taken under said conveyance and held in trust for said Miller, and the same is now held in trust for said Miller by said Mays.” It is claimed this finding is not supported by the evidence. Let us examine first the…
2Cases cited7 opinions
- Boyd v. DunlapNew York Court of Chancery · 1815
- Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885
- Sellwood v. GrayOregon Supreme Court · 1884
- Philbrook v. DelanoSupreme Judicial Court of Maine · 1849
- Crawford v. BeardOregon Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
- Hay v. DuskinCourt of Appeals of Arizona · 1969
- Quinn v. Union Nat. Bank of RochesterCourt of Appeals for the Eighth Circuit · 1929
- Wright v. CraigOregon Supreme Court · 1901
- Nelson v. HansenOregon Supreme Court · 1977
7 more not listed; retrieve them via the Exa API.