39 P. 999 | Or. | 1895
Opinion by
The intention of the parties is to be inferred by applying these rules to the evidence, which shows that in May, eighteen hundred and eighty-five, the defendant R. M. Kyle, the principal debtor, represented to his father and brothers, the other defendants, that he had deposited with the plaintiff, F. B. Jolly, certain notes and accounts amounting to nearly seven hundred dollars, with instructions to collect the same and apply the proceeds to the payment of the Jolly note; that he had a large quantity of lumber with which he would further secure its payment, and that they need not give themselves any uneasiness about the
Having reached the conclusion that there was no intention to defraud the creditors of S. M. Kyle, the question under discussion is narrowed to the value of the property at the time the conveyance was made, and whether the defendants Charles M. and John W. Kyle paid the full value thereof. The evidence shows that the land in question had been covered with timber, but at the time the deed was made it had been cut from about twenty acres, from about two acres of which, — used for an orchard but not plowed, — the timber was removed, and also from a portion thereof which had been cultivated containing about six acres; but the logs and stumps were allowed lo encumber the remainder of the twenty-acre tract, upon