Legal Opinion

Ford v. Henderson

Oregon Supreme Court

Decided February 11, 1919Published

From Yamhill: Harry H. Belt, Judge. Department 1. M. Ford commenced an action against F. B. Tompkins in a Justice’s Court and caused a writ of attachment to be placed in the hands of E. U. Henderson as constable for service. Henderson executed the writ on September 7, 1916, by levying upon a crop of oats as the property of F. B. Tompkins. The constable caused the crop to be threshed and when threshed the oats amounted to 552 sacks.

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From Yamhill: Harry H. Belt, Judge. Department 1. M. Ford commenced an action against F. B. Tompkins in a Justice’s Court and caused a writ of attachment to be placed in the hands of E. U. Henderson as constable for service. Henderson executed the writ on September 7, 1916, by levying upon a crop of oats as the property of F. B. Tompkins. The constable caused the crop to be threshed and when threshed the oats amounted to 552 sacks. After the oats had been threshed, and on September 21, 1916, J. D. Tompkins, claiming to he the owner of the oats, brought an action in replevin in the Circuit…

1Opinion

On Petition eor Rehearing.

(179 Pae. 558.)

In Banc.

HARRIS, J.

2. Section 67f of the Bankruptcy Act (Act July 1, 1898, Chap. 541, 30 Stat. 564, Comp. Stats., § 9651) reads as follows:

“That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the…

2Cases cited24 opinions

  1. In re RichardsCourt of Appeals for the Seventh Circuit · 1899
  2. McKenney v. CheneySupreme Court of Georgia · 1903
  3. Mencke v. RosenbergSupreme Court of Pennsylvania · 1902
  4. In re LesserDistrict Court, S.D. New York · 1900
  5. Cavanaugh v. FenleySupreme Court of Minnesota · 1905

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