Legal Opinion

Lane v. Myers

Oregon Supreme Court

Decided May 19, 1914PublishedCited by 8 opinions

From Jackson: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Burnett. Alleging that a deed of date September 30, 1911, from defendant W. Gr. Myers to Ms wife, Lula A. Myers, for certain lands, was made without any consideration whatever, and with the intent on the part of the grantor, in which the grantee knowingly participated, to defraud the creditors of the former, the plaintiff, B. Gr. Lane, as trustee in bankruptcy of W. Gr.

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From Jackson: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Burnett. Alleging that a deed of date September 30, 1911, from defendant W. Gr. Myers to Ms wife, Lula A. Myers, for certain lands, was made without any consideration whatever, and with the intent on the part of the grantor, in which the grantee knowingly participated, to defraud the creditors of the former, the plaintiff, B. Gr. Lane, as trustee in bankruptcy of W. Gr. Myers, a bankrupt, brings this suit in behalf of the grantor’s creditors, asking to have the deed canceled and the property subjected to the demands…

1Opinion of the CourtJustice Burnett

The relationship of the defendant parties affecting the issues in this case is defined by the following excerpts from our laws :

“The property and pecuniary rights of every married woman, at the time of marriage, or afterward acquired by gift, devise, or inheritance, shall not be subject to the debts or contracts of the husband; and laws shall be passed providing for the' registration of the wife’s separate property”: Const, of Oregon, Article XV, Section 5.

“When property is owned by either husband or wife, the other has no interest therein which can be the sub*379ject of contract between them, or…

2Cases cited12 opinions

  1. Stickney v. StickneySupreme Court of the United States · 1889
  2. Springer v. YoungOregon Supreme Court · 1886
  3. Garner v. Second Nat. Bank of ProvidenceSupreme Court of the United States · 1894
  4. Barger v. BargerOregon Supreme Court · 1897
  5. Ball v. DantonOregon Supreme Court · 1913

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Brandtjen & Kluge, Inc. v. BiggsOregon Supreme Court · 1955
  2. Rhodes v. PeeryOregon Supreme Court · 1933
  3. Cary v. CaryOregon Supreme Court · 1938
  4. Sabin v. KynistonOregon Supreme Court · 1916
  5. Unterkircher v. UnterkircherOregon Supreme Court · 1948

3 more not listed; retrieve them via the Exa API.

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