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[其它] alleged that it was for a consideration of $18,000

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发表于 2012-3-22 09:35:47 | 显示全部楼层 |阅读模式
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  alleged that it was for a consideration of $18,000
alleged that it was for a consideration of $18,000

[1 The principal contention of the defendant is that the notes upon which the judgment was obtained were contracted subsequent to the execution of the deed from C. W. Thebaud to his wife. Section 7307, L. O. It.,provides: Every conveyance or assignment In writingof any estatemade with the intent to hinder, delay, or defraud creditorsas against the persons so hindered, delayed, or defrauded, shall be void. Under this provision it has been held by this court that it is immaterial whether the debt due such creditors had been contracted at the tune of the conveyance, if the parties at that time executed it for the purpose of defrauding them.other same topic and section NUMBER in Dec. Dig. &Am. Dig. Key-No. Series &Rep'r IndexesMarks v. Crow, 14 Or. 382, 13 Pac. 55; Mortonv. Denham, 39 Or. 227, 64 Pac. 3S4.[2 And where the deed Is attacked tor fraud, and it Is between near relatives, the burden is cast upon the grantee to prugg usa outlet        ove that the purchase was made without notice of the fraud and was for a valuable consideration. Weber v. Kothchild. 15 Or. 3S5, 15 Pac. 650, 3 Am. St. Rep. 162; Stubling v. Wilson, 50 Or. 282, 90 Pac. 1011, 92 Pac. S10.[3 Not only must it be alleged, but proved, that he is an innocent purchaser for a valuable consideration. Walker v. Harold, 44 Or. 205, 74 Pac. 705. It is an affirmative defense, and must be alleged and proved. Weber v. Rothchlld, supra.[4 Viewing the evidence In the light of this statement of the law, the conclusion Is unavoidable that the conveyance was fraudulent and affects Blanche Flower Thebaud. L. J. Hadley, who was for some time a director and vice president of the bank, testifying as to a talk haugg usa        d with C. W. Thebaud, says: We was talking about the notes ugg outlet usa        of the bank down there, that he owed the bank and some Brogan notes, and he told mewe was talkingugg outlet usa about these Hope notes once, and he told me that he owed those notes, that is, some notes here at the bank Hope Is connected with; he told me that he owed those notes, and he said they had been so mean about handling dealing with him that he says, 'I have got about $90,000 worth of property, and I took and transferred it all to my wife, and,' he says, 'the sons of *****es can go now, and I will pay the note when I get ready.' That was practically the conversation at that time. On cross-examination by defendants' counsel: Q. And you say that at that time Mr. Thebaud said he had about $90,000 worth of property, and he had put it out of his hands in order to beat the United States National Bank? A. That, in particular. Q. And you were then talking about this $5,000 judgment, were you? A. We were talking about thatdiscussing that at that time, generally; yes.From October, 1907, to January, 1910, C. W. Thebaud made many deposits In plaintiff bank, checking against his account every few days. Much of that time his account was overdrawn In large amounts, and, as he admits In his answer, two of these notes were given to cover such overdrafts. Many of these deposits were from the proceeds of the farm, and many of the checks were to pay uggs usa        the expense thereof. He handled the farm and its proceeds at all times as if they were his own, holding himself out as the owner, and all his credit was obtained on the inference that he still owned the farm. The wife paid nothing for it, and had knowledge of his purposes, so that according to his statements to Hadley the wife held the title in trust for him. He was a witness at the trial, but did not deny the statements attributed to him by Hadley, and testified to nptiing but the identity of some eihiki Blanche Flower Thebaud did not testify.From this state of the evidence, taken I: connection with the twelfth paragraph ithe complaint quoted above, which is not fenied, defendants are without any defense: this suit The necessary inference Is that i: the time the deed was made to the wife C W. Thebaud had in mind a prospecure atensive dealing with the bank, and Isi i purpose to do just what he afterward iii





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