Coffey v. Scott
Oregon Supreme Court
From Grant: Dalton Biggs, Judge. Department 1. Statement by Mb. Justice Burnett. This is a suit by John B. Coffey, as administrator of the estate of Grant Scott, deceased, confessedly insolvent, against Elizabeth J. Scott, to set aside a conveyance by the decedent in his lifetime, alleged to have been made with intent to defraud creditors.
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From Grant: Dalton Biggs, Judge. Department 1. Statement by Mb. Justice Burnett. This is a suit by John B. Coffey, as administrator of the estate of Grant Scott, deceased, confessedly insolvent, against Elizabeth J. Scott, to set aside a conveyance by the decedent in his lifetime, alleged to have been made with intent to defraud creditors. It is charged that the defendant, the mother of the decedent, to whom the land was sold, paid no consideration for the deed, but conspired with him to cheat and defraud his creditors, in pursuance of which he voluntarily executed the conveyance in question.…
1Opinion of the CourtJustice Burnett
In Oregon the law pertinent to cases of this kind is statutory. It is enacted in substance by Section 7397, L. O. L., that every conveyance of any estate or interest in lands, made with the intent to hinder, delay or defraud creditors of their lawful suits or debts, as against the person so hindered, delayed or defrauded, shall be void. Other sections applicable are here quoted in full:
“Sec. 7400. The question of fraudulent intent in all cases arising under the provisions of this chapter shall be deemed a question of fact, and not of law.
“Sec. 7401. The provisions of this chapter shall not be…
2Cases cited6 opinions
- Raymond v. FlavelOregon Supreme Court · 1895
- Sabin v. Columbia Fuel Co.Oregon Supreme Court · 1893
- Ellet-Kendall Shoe Co. v. RossSupreme Court of Oklahoma · 1911
- Garnier v. WheelerOregon Supreme Court · 1901
- Hurford v. HarnedOregon Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. HydeOregon Supreme Court · 1918
- Stennick v. J. K. Lumber Co.Oregon Supreme Court · 1916
- Marion Automobile Co. v. BrownOregon Supreme Court · 1928
- Willamette Grocery Co. v. SkiffOregon Supreme Court · 1926
- Lane v. MyersOregon Supreme Court · 1914
10 more not listed; retrieve them via the Exa API.