Legal Opinion

Goodnough Mercantile Co. v. Galloway

Oregon Supreme Court

Decided January 9, 1906PublishedCited by 11 opinions

From Union: Robert Eakin, Judge. Statement by Mr. Justice Moore. This is a suit by the Goodnough Mercantile & Stock Co. against G. W. Buck, Cecil Galloway, the trustee in bankruptcy of his estate, and the First Bank of Elgin, to foreclose, an equitable lien on personal property.

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From Union: Robert Eakin, Judge. Statement by Mr. Justice Moore. This is a suit by the Goodnough Mercantile & Stock Co. against G. W. Buck, Cecil Galloway, the trustee in bankruptcy of his estate, and the First Bank of Elgin, to foreclose, an equitable lien on personal property. It appears that on September 1, 1902, the defendant G. W. Buck was the owner of a sawmill, and, having secured the timber on certain premises belonging to others, it is alleged he verbally agreed to give to the plaintiff, a private corporation, a lien upon such timber and upon the logs and lumber cut and manufactured…

1Opinion of the CourtJustice Moore

The question presented by this appeal is whether or not, after -an adjudication of bankruptcy, a suit can be maintained in a state court by a third person against a trustee in bankruptcy to foreclose a Ren upon personal property belonging to the bankrupt’s estate. The pleadings do not state who was in possession *243of the logs and lumber in question when this suit was instituted. The testimony shows, however, that Buck had possession of such property until it was seized in pursuance of the writ of attachment issued in the action of the First Bank of Elgin against him, when the sheriff of Union…

2Cases cited9 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  3. Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
  4. Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
  5. White v. SchloerbSupreme Court of the United States · 1900

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3Cited by11 opinions

  1. Conachan v. WilliamsOregon Supreme Court · 1973
  2. Stretch v. MurphyOregon Supreme Court · 1941
  3. Hancock Land Co. v. PortlandOregon Supreme Court · 1916
  4. Derby v. NewtonOregon Supreme Court · 1933
  5. Lewis Et Ux. v. Shook Et Ux.Oregon Supreme Court · 1947

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