Kruse v. Prindle
Oregon Supreme Court
Appeal from Clackamas County. One Thomas Robertson, having a mortgage upon certain real property, brought a suit of foreclosure against D. W. Williams, the mortgagor. Subsequent to the Robertson mortgage and on June 13, 1877, Williams, the mortgagor, had, so it was claimed, conveyed the mortgaged property to one C. W. Prindle, in trust for the benefit of his creditors.
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Appeal from Clackamas County. One Thomas Robertson, having a mortgage upon certain real property, brought a suit of foreclosure against D. W. Williams, the mortgagor. Subsequent to the Robertson mortgage and on June 13, 1877, Williams, the mortgagor, had, so it was claimed, conveyed the mortgaged property to one C. W. Prindle, in trust for the benefit of his creditors. After the so-called trust conveyance to Prindle, and on November 10,1877, one Kruse and one Moore obtained judgments against Williams and one Wittenberg. These judgments were rendered upon promissory notes executed by Williams…
1Opinion of the Court
By the Court,
Prim, J.:
The only questions presented here for determination are: 1. Did Williams and Prindle collude and conspire together and cause the said conveyance to be made for the purpose *162of defrauding Kruse and Moore, and to prevent them from collecting their debts ? 2. Was the said conveyance made without consideration? The facts developed in this case show that both of these questions should be answered and determined in the negative..
The appellants having charged Williams and Prindle with collusion and conspiracy in procuring this conveyance to be made for the purpose of defrauding…
2Cases cited2 opinions
- Livingston v. HarrisNew York Court of Chancery · 1831
- Cornell v. ToddNew York Supreme Court · 1846
3Cited by10 opinions
- Blagen v. ThompsonOregon Supreme Court · 1892
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Carter v. Prairie Oil & Gas Co.Supreme Court of Oklahoma · 1915
- Keating v. VaughnTexas Supreme Court · 1881
- Marquam v. SengfelderOregon Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.