130 P. 393 | Or. | 1913
delivered the opinion of the court.
It needs no argument to show that the whole transaction is a rank fraud. Cavanaugh evidently was aiding McCarthy to keep O ’Donovan in fear and prevent him from returning to Oregon and to get his property away from him. However, the defense of Katherine M. Dwyer is that she is an innocent purchaser for value, without any knowledge of or participation in the fraud of McCarthy. She took no part in making the purchase of the property and did not see or talk with O’Donovan until the time she signed the notes; and A. J. Dwyer says that he bought the property with his wife’s money. At the time of the purchase there seems to have been little or- no talk of the terms of the sale. They had been arranged beforehand. A. J. Dwyer was the agent of his wife, Katherine, in the part he took in the purchase, and McCarthy was the person who made the terms of the sale and consummated it. Dwyer testifies that he and O’Donovan had but little talk; that O’Donovan came to his desk and offered him the property for $5,000. It does not appear that O’Donovan ever told him what property it
The decree of the Circuit Court as to the rights of plaintiff and O’Donovan between themselves, having been made upon stipulation, is affirmed.
Modified and Affirmed.