Ford v. Gilbert
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This is a proceeding by J. N. Brown and F. T. Wright-man, seeking to be allowed a payment out of a fund in the hands of a receiver appointed in a suit brought by Tilmon Ford, as executor, against A. T. Gilbert and others. From an order disallowing the petition the claimants appeal.
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From Marion: Reuben P. Boise, Judge. This is a proceeding by J. N. Brown and F. T. Wright-man, seeking to be allowed a payment out of a fund in the hands of a receiver appointed in a suit brought by Tilmon Ford, as executor, against A. T. Gilbert and others. From an order disallowing the petition the claimants appeal. I. Where attorneys have recovered or protected property for creditors, or have in good faith rendered services looking to that end, though unsuccessful, they should be paid a reasonable fee out of the fund in court: Re Tallassee Mfg. Co. 64 Ala. 567; Hunt v. McClanahan, 1 Heisk.…
1Per curiam
On April 22,1901, the defendant Gilbert, who was conducting a general banking business at Salem, in the name of Gilbert Bros., was served with process in a suit brought against him and the plaintiff herein, as executor of the estate of William Cosper, deceased, by a Mrs. Johnson, one of the Cosper heirs, in the United States court, for an accounting and the appointment of a receiver. In her complaint Mrs. Johnson charged, in substance, that for many years prior to Cosper's death Gilbert had been his confidential agent and trustee, and during that time had received about $350,000, which he had…
2Cases cited2 opinions
- Lehman Bros. v. Tallassee Manufacturing Co.Supreme Court of Alabama · 1879
- Johnson v. FordU.S. Circuit Court for the District of Oregon · 1901
3Cited by17 opinions
- Re Faling EstateOregon Supreme Court · 1924
- State Farm Mutual Automobile Insurance v. ClintonOregon Supreme Court · 1974
- In Re Baxter's EstateMontana Supreme Court · 1933
- Upham v. BramwellOregon Supreme Court · 1922
- State Land Board v. SovenkoOregon Supreme Court · 1954
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