Barr v. Minto
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice McBride. This is a suit by Theo. M. Barr against H. P. Minto, as sheriff of Marion County, Oregon, and the Falls City Lumber Company, a corporation, to remove a cloud from plaintiff’s title.
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From Marion: William Galloway, Judge. Statement by Mr. Chief Justice McBride. This is a suit by Theo. M. Barr against H. P. Minto, as sheriff of Marion County, Oregon, and the Falls City Lumber Company, a corporation, to remove a cloud from plaintiff’s title. The complaint alleges that plaintiff ever since the 8th day of September, 1911, has been and still is the bona fide owner of a certain five-acre tract of land, which is described therein, and that the said tract is not in the actual possession of another. It further alleges that about October 26, 1911, the defendant Falls City Lumber…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The first question presented is as to the sufficiency of the pleadings. It is contended by the plaintiff that, while in a creditor’s bill to set aside a fraudulent conveyance it is necessary for the grantee under such conveyance to plead and prove that he is an innocent purchaser for a valuable consideration and without notice of any fraudulent intent on the part of his grantor, in this proceeding a different rule prevails, and that the party claiming that a conveyance is fraudulent as to creditors must plead and prove the fraud. We are unable to…
2Cited by2 opinions
- Moll v. TurnbowOregon Supreme Court · 1936
- Clark v. Courtland Lumber Co.Oregon Supreme Court · 1953