101 P. 903 | Or. | 1909
Lead Opinion
delivered the opinion of the court.
The decree is affirmed. Affirmed.
Rehearing
On Petition for Rehearing.
[103 Pac. 514.]
delivered the opinion of the court.
This suit was brought to reach assets not available by an execution at law.' It is in the nature of an equitable execution, or equitable relief which is granted on the ground that there is no remedy at law. It is taking out of the way a hindrance which prevents the execution at law, in effect a substitute for an execution: In re Shephard, 43 Ch. Div. 131; In re Craig & Leslie, 18 Ont. Pr.
The decree will be modified to the extent of denying the deficiency judgment.
Affirmed : Modified : Further Rehearing Denied.