Brown v. Case
Oregon Supreme Court
From Clatsop: Thomas A McBride, Judge. This is a suit to set aside a deed of real property. The facts are that on December 31, 1892, I. W. Case, for value, executed to Hiram Brown his promissory note for the sum of $14,392.69, payable in two years, with interest at 7 per cent per annum, and on March 28, 1893, for the expressed consideration of $11,000, conveyed to his sister, the defendant herein, lots 7, 8, and 9 in block 115, Shiveley’s Astoria, the deed thereto being…
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From Clatsop: Thomas A McBride, Judge. This is a suit to set aside a deed of real property. The facts are that on December 31, 1892, I. W. Case, for value, executed to Hiram Brown his promissory note for the sum of $14,392.69, payable in two years, with interest at 7 per cent per annum, and on March 28, 1893, for the expressed consideration of $11,000, conveyed to his sister, the defendant herein, lots 7, 8, and 9 in block 115, Shiveley’s Astoria, the deed thereto being recorded May 29th of that year. Case, being the owner of a bank at Astoria, was compelled to suspend business July 29, 1893,…
1Opinion of the CourtJustice Moore
It is contended by defendant’s counsel that Case was solvent when he executed the deed to the defendant, and that the court erred in setting it aside. The testimony discloses that I. W. Case for about ten years prior to July 29,1893, had been the sole proprietor of a bank in the City of Astoria, and, by the careful management of his business, had worn the confidence of his patrons, and was ranked high in financial circles. About 1889, however, the value of real property in and surrounding that city began to advance in consequence of a general belief that a railroad would soon be built…
2Cases cited13 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Kehr v. SmithSupreme Court of the United States · 1874
- Merchants' National Bank v. CookSupreme Court of the United States · 1877
- Carpenter v. . RoeNew York Court of Appeals · 1851
- Jolly v. KyleOregon Supreme Court · 1895
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3Cited by3 opinions
- Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
- Ball v. DantonOregon Supreme Court · 1913
- Willamette Grocery Co. v. SkiffOregon Supreme Court · 1926