62 P. 532 | Or. | 1900
delivered the opinion.
This is a suit to subject certain real property to the payment of a judgment. The facts are that on January 14,1885, the defendant R. L. Minard, for a valuable consideration, executed to Samuel Marks and Asher Marks, partners as S. Marks & Co., his promissory note, payable one day after that date. Samuel Marks having subsequently died, Asher Marks was appointed administrator of the partnership estate, and duly qualified as such. The father of said defendant died testate April 21, 1896, leaving him certain real property in Douglas County, Oregon ; and on April 23, 1896, for the expressed consideration of $1,500, said defendant executed to the defendant A. T. Thompson a warranty deed of all his interest in said real property, which deed was on the next day duly recorded. An action having been instituted by said administrator in a justice’s court of said county against Minard on his said note, judgment was rendered therein April 7, 1898, for $105, an attorney’s fee of $25, and $2.00 disbursements ; and six days thereafter the administrator filed with the county clerk of said county a transcript of said judgment, which was immediately docketed in the judgment docket of the circuit court for said county. In this suit the complaint alleges, in substance, that the deed executed by Minard to Thompson was intended by them as a mortgage to secure the sum of $500, and to place the property beyond the reach of Minard’s creditors, and with intent to hinder, delay, and defraud the plaintiff. The court having denied a motion to strike out the complaint on the ground that several causes of suit therein were not separately stated, and overruled a demurrer predicated on the same ground,
We have examined the testimony with much care, and conclude therefrom that the findings of the trial court are supported by circumstances which, in our judgment, give
It will be remembered that Minard owed Thompson $500 at the time he executed the deed, notwithstanding