Hillsboro Nat. Bank v. Garbarino
Oregon Supreme Court
From Washington: George E. Bagley, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by the Hillsboro National Bank, a corporation, against Natalio Garbarino and Eosa Garbarino, to set aside a voluntary conveyance made by a debtor husband to his wife.
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From Washington: George E. Bagley, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by the Hillsboro National Bank, a corporation, against Natalio Garbarino and Eosa Garbarino, to set aside a voluntary conveyance made by a debtor husband to his wife. The original complaint declared that on March 6, 1914, the hnsband was the owner in fee simple and in possession of the realty in question, and on that date was indebted to the plaintiff in a certain sum of money, which he failed to pay, in. consequence of which the plaintiff recovered judgment against him in the Circuit…
1Opinion of the CourtJustice Burnett
1. The defendant contends that the court had no right to allow the amendment when it did because it changed the character of proof required to maintain the plaintiff’s suit in this: That according to the dates in the original complaint the judgment relied upon was rendered after the conveyance, and hence to overturn the transfer it would be incumbent upon the plaintiff to show that it was made for the express purpose of defrauding those from whom the grantor expected afterward to obtain credit, and that the amendment relieved the plaintiff of this burden, and imposed upon it only the lighter…
2Cases cited5 opinions
- Yeend v. WeeksSupreme Court of Alabama · 1893
- Davis v. DavisOregon Supreme Court · 1890
- Wright v. CraigOregon Supreme Court · 1901
- Eggleston v. SheldonWashington Supreme Court · 1915
- Seed v. JenningsOregon Supreme Court · 1905
3Cited by15 opinions
- Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
- First National Bank of Fairbanks v. EnzlerAlaska Supreme Court · 1975
- Lovell v. PottsOregon Supreme Court · 1924
- American Surety Co. v. HattremOregon Supreme Court · 1931
- Hartwig v. RushingOregon Supreme Court · 1919
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