The Supreme Court Reporter (Volume 4) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884. Excerpt: ... In Oregon, the constitution of the state declared that "the property and pecuniary right of every married woman, at the time of the marriage, or afterwards acquired by gift, devise, or inheritance, shall not be subject to the debts or contracts of the husband." In the case of Rugh v. Ottenheimer, 6 Or. 231, it was held that this provision applied to marriages, and existing and property rights of the husband acquired before the constitution was adopted, and that such property could not be subjected to the husband's debt, though, he had wrongfully taken the title in his own name. For these reasons, we are of opinion that the property levied on by the1 execution of the bank against Hitz is not subject to sale for his debt, and that the decree of the supreme court must be reversed, and the case remanded to that court with directions to dismiss the bill. It is so ordered. (Ill U. S. 640) Johnson, Dative Testamentary Ex'r, etc., and others v. Waters, Adm'r, etc (May 5, 1884.) 1. Fraudulent And Void Sale--Creditors--Inadequate Appraisement--Ijtcompeteni Appraisers. When a scheme is entered into to circulate a fact that a large indebtedness of the succession to an estate exists in favor of the heirs, being sufficient to absorb the estate, and being secured by a mortgage; to depreciate the value of the estate so that the supposed indebtedness would cover it; to put forth claims to the estate which would complicate the title and affect the salable value of the land; and to procure a judicial sale by which the title might be cleared of incumbrances, and the land divided among the heirs free from liability for the debts of the estate, and the sale is so accomplished, the property being appraised by incompetent persons at a grossly inadequate value, --the sale is in fr...