Lyons v. Leahy
Oregon Supreme Court
Appeal from Multnomah County. Facts are stated in the opinion of the court. 1. A voluntary conveyance by an insolvent debtor imports fraud. (Bump on Fraudulent Conveyances, § 265.) 2. If the voluntary deed operated to hinder creditors the fraudulent intent will be conclusively presumed. 3. Bigelow v. Stringer, 40 Mo. 195; Greens v. Tantum, 19 N. J. Eq. 109. 4. The purchaser should prosecute inquiry where circumstances are suspicious. (Bartlett v. Gibson, 17 Fed.
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Appeal from Multnomah County. Facts are stated in the opinion of the court. 1. A voluntary conveyance by an insolvent debtor imports fraud. (Bump on Fraudulent Conveyances, § 265.) 2. If the voluntary deed operated to hinder creditors the fraudulent intent will be conclusively presumed. 3. Bigelow v. Stringer, 40 Mo. 195; Greens v. Tantum, 19 N. J. Eq. 109. 4. The purchaser should prosecute inquiry where circumstances are suspicious. (Bartlett v. Gibson, 17 Fed. Rep. 297; Atwood v. Impson, 20 N. J. Eq. 156; Baker v. Bliss, 39 N. Y. 70; Avery v. Johann, 27 "Wis. 251; David v. Birchard, 53…
1Opinion of the CourtLord, C. J.
The plaintiffs brought this suit to have certain deeds, conveying certain real property from the defendant James B. Leahy to the defendant Isaac N. Solis, and the same from the defendant Isaac N. Solis and Maria, his wife, to the defendant William J. Leahy, set aside, on the ground that the same were executed without any consideration, and for the purpose of hindering, delaying, and defrauding the plaintiffs, judgment creditors of James B, Leahy. After issue joined, the suit was referred and tried before a referee, who found on all the questions involved in favor of the plaintiffs, and…
2Cases cited8 opinions
- Parker v. . ConnerNew York Court of Appeals · 1883
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- Stearns v. . GageNew York Court of Appeals · 1879
- Swinford v. RogersCalifornia Supreme Court · 1863
- Crawford v. BeardOregon Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Raalte v. HarringtonSupreme Court of Missouri · 1890
- Ball v. DantonOregon Supreme Court · 1913
- Garnier v. WheelerOregon Supreme Court · 1901
- Jennings v. FrazierOregon Supreme Court · 1905
- McDougal v. LameOregon Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.