Jolly v. Kyle
Oregon Supreme Court
Appeal from Washington: Thos. A. McBride, Judge. This is a suit to set aside a deed, and subject the real property therein described to the payment of the grantor’s debts.
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Appeal from Washington: Thos. A. McBride, Judge. This is a suit to set aside a deed, and subject the real property therein described to the payment of the grantor’s debts. The facts are that the defendant, R. M. Kyle, being indebted to William Jolly and W. B. Jolly in the sum of five hundred dollars, he and his father, the defendant S. M. Kyle, on December sixth, eighteen hundred and eighty-two, executed and delivered to said creditors a promissory note for that amount, payable in two years, with interest at the rate of ten per cent, per annum, and that W. B. Jolly assigned all his interest…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The defendants contend that in the transaction complained of there was no intention to hinder, delay, or defraud the creditors of S. M. Kyle; that the full value of the premises was paid; that the agreement to support and maintain their parents was gratuitous, and that a conveyance made under such circumstances should not be set aside at the suit of the grantor’s creditors. An insolvent debtor is not prohibited from selling and conveying his property, and his deed will not be set aside at the suit of his creditors unless it appears that at the time the…
2Cases cited7 opinions
- Currie v. BowmanOregon Supreme Court · 1894
- Sabin v. Columbia Fuel Co.Oregon Supreme Court · 1893
- Castro v. IlliesTexas Supreme Court · 1858
- Farlin v. SookSupreme Court of Kansas · 1883
- Priest v. BrownCalifornia Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re Complaint as to the Conduct of HockettOregon Supreme Court · 1987
- Flynn v. BaisleyOregon Supreme Court · 1899
- Robson v. HamiltonOregon Supreme Court · 1902
- Ball v. DantonOregon Supreme Court · 1913
- Garnier v. WheelerOregon Supreme Court · 1901
22 more not listed; retrieve them via the Exa API.