Bowman v. Sherrill
Oregon Supreme Court
From Washington: James U. Campbell, Judge. Statement by Mr. Justice McBride. This is an action by Benton Bowman, trustee in bankruptcy of the bankrupt estate of W. E. Sherrill, against W. E. Sherrill and Lizzie M. Sherrill, his wife. The facts are as follows: In January, 1909, W. E. Sherrill was adjudged a voluntary bankrupt, and plaintiff was appointed his trustee in bankruptcy.
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From Washington: James U. Campbell, Judge. Statement by Mr. Justice McBride. This is an action by Benton Bowman, trustee in bankruptcy of the bankrupt estate of W. E. Sherrill, against W. E. Sherrill and Lizzie M. Sherrill, his wife. The facts are as follows: In January, 1909, W. E. Sherrill was adjudged a voluntary bankrupt, and plaintiff was appointed his trustee in bankruptcy. Prior to this, on October 28, 1908, Sherrill, without consideration, conveyed to W. P. Dyke certain land described in the complaint and hereinafter called, for convenience, “a part of the Moore claim.” On the same…
1Opinion of the CourtJustice McBride
1. Where a party, fraudulently conveying land, is insolvent or has been adjudged a bankrupt, the issuance of an execution is not necessary.
2, 3. We are satisfied from the testimony that both the conveyances were made or procured with intent to defraud creditors, and that Mrs. Sherrill did not contribute anything toward the purchase of either tract. Either of the defendants had a right to claim a homestead in the property on the Moore claim, and this right is not defeated by a conveyance from one to the other. A decree, such as is sought in this case, would operate practically as an execution,…
2Cited by8 opinions
- Hartwig v. RushingOregon Supreme Court · 1919
- Wilson v. PetersonOregon Supreme Court · 1913
- Watson v. HurlburtOregon Supreme Court · 1918
- Altman v. SchunemanWyoming Supreme Court · 1929
- Wendler v. BrennemanDistrict Court, D. Alaska · 1923
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