157 P. 1103 | Or. | 1916
delivered the opinion of .the court.
1. Ellison claims under his mortgage as an innocent purchaser for value without notice. This is an affirmative defense, and is alleged by the defendant, and must be proved: Weber v. Rothchild, 15 Or. 385, 389, 391 (15 Pac. 650, 3 Am. St. Rep. 162); Hyland v. Hyland, 19 Or. 51, 55 (23 Pac. 811); Barnes v. Spencer et al., 79 Or. 205 (153 Pac. 47, 51).
2, 3. The main question presented in this case is one of fact. Bealizing the importance of the suit, the
Our statute provides that every conveyance or as-, signment in writing of any estate or interest in lands, and every charge upon lands made with the intent to. hinder, delay- or defraud creditors, or other persons of their lawful suits or damages, with the like intent, as against the persons so hindered, delayed or defrauded, shall be void: Section 7397, L. O. L. The question- of fraudulent intent in all cases arising under
We are convinced that the findings and decree of the lower court were correct. The decree is therefore affirmed. Affirmed.