138 P. 230 | Or. | 1914
delivered the opinion of the court.
This is a creditor’s suit to reach property in the hands of a third party, namely, money due from the defendant Wentworth to the defendant W. E. Cook, as the price of land sold by W. E. Cook to him; the price being made payable to Martha E. Cook, which is alleged to have been done in fraud of plaintiff’s rights. The facts out of which this proceeding arose are that the plaintiff, having a chattel mortgage on an automobile to secure the payment of the sum of $2,000, brought an action of replevin to recover possession of the automobile; and soon thereafter brought a suit against Lloyd, the mortgagor, to foreclose the mort
The decree in this case so far as it is in favor of the plaintiff and against W. E. and Martha E. Cook is affirmed; and, so far as it adjudges that, as between Cook and Morrison, W. E.' Cook is primarily liable to Templeton upon the redelivery undertaking, it is reversed and the counterclaim dismissed. Modified.