O'Connell v. Hansen
Oregon Supreme Court
Appeal from Coos: J. C. Fullerton, Judge. This is a creditor’s suit to set aside, as fraudulent and void, certain judgments confessed, and an alleged deed of general assignment executed by an insolvent debtor; to enjoin the sheriff from selling property seized under executions issued upon said judgments; and for the appointment of a receiver to dispose of the debtor’s property.
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Appeal from Coos: J. C. Fullerton, Judge. This is a creditor’s suit to set aside, as fraudulent and void, certain judgments confessed, and an alleged deed of general assignment executed by an insolvent debtor; to enjoin the sheriff from selling property seized under executions issued upon said judgments; and for the appointment of a receiver to dispose of the debtor’s property. The material facts are that on September twenty-ninth, eighteen hundred and ninety-three, the plaintiff Eugene O’Connell, and on the next day the plaintiff C. H. Merchant, as receiver of the Oakland Box and Barrel…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
It is contended by the plaintiffs that Hansen confessed the judgments and made the assignment in pursuance of an agreement entered into with his codefendants to hinder, delay, and defraud his creditors, and that the assignment and confessions, being parts of one transaction, necessarily rendered each void; while the defendants, denying the existence of such an agreement, admit, in the argument, that the executions issued upon these judgments were void, but maintain that in equity the court should treat the assignment as valid, and decree a ratable distri*178bution of…
2Cases cited7 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Sabin v. Columbia Fuel Co.Oregon Supreme Court · 1893
- Jolly v. KyleOregon Supreme Court · 1895
- Stout v. WatsonOregon Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Security Savings & Trust Co. v. Portland Flour Mills Co.Oregon Supreme Court · 1927
- Sabin v. WilkinsOregon Supreme Court · 1897
- Sokol Blosser Winery v. Department of RevenueOregon Tax Court · 1979
- Young Men's Christian Ass'n v. Department of RevenueOregon Supreme Court · 1989
- Girardet v. Department of RevenueOregon Tax Court · 1994
1 more not listed; retrieve them via the Exa API.