Clarke v. Philomath College
Oregon Supreme Court
From Benton: George F. Skipworth, Judge. Department 2. This is a suit commenced by the plaintiff against the defendants to set aside three deeds and a transfer of personal property made by Samuel McLain to the defendant Philomath College, a United Brethren institution, whereby the entire estate of plaintiff’s intestate, Samuel McLain, was transferred during the latter years of his life to the defendant Philo,\ath College, leaving nothing for the payment of his creditors.
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From Benton: George F. Skipworth, Judge. Department 2. This is a suit commenced by the plaintiff against the defendants to set aside three deeds and a transfer of personal property made by Samuel McLain to the defendant Philomath College, a United Brethren institution, whereby the entire estate of plaintiff’s intestate, Samuel McLain, was transferred during the latter years of his life to the defendant Philo,\ath College, leaving nothing for the payment of his creditors. The Circuit Court found in favor of the defendants and dismissed plaintiff’s complaint, from which decree plaintiff…
1Opinion of the CourtBean, J.
Plaintiff contends that the three conveyances from Samuel McLain to the defendant Philomath College were voluntary gifts, and that they hindered, delayed, and defrauded McLain’s creditors; that the plaintiff loaned the sum of $2,500 on the credit of McLain, who was surety on the note for his nephew at a time when McLain was the record owner of the three tracts; that the transfer of all of the property of McLain to the college, al*376though intended as a meritorious benefaction, worked a constructive fraud upon plaintiff as a creditor; and that the failure of the trustees to record the deeds to…
2Cases cited15 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Mendenhall v. ElwertOregon Supreme Court · 1900
- Davis v. DavisOregon Supreme Court · 1890
- Flynn v. BaisleyOregon Supreme Court · 1899
- Taylor v. MilesOregon Supreme Court · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Louis Kamm, Inc. v. FlinkSupreme Court of New Jersey · 1934
- Ringler v. RubyOregon Supreme Court · 1926
- Evans v. TrudeOregon Supreme Court · 1952
- American Surety Co. v. HattremOregon Supreme Court · 1931
- Lyon v. MazerisOregon Supreme Court · 1942
18 more not listed; retrieve them via the Exa API.