Besser v. Joyce

Citations

• 9 Or. 310

Syllabus

<p>Fraudulent Conveyances — Bankrupt Proceeding? -Creditors’ Rights.</p> <p>A creditor who is not made a party to proceedings in kruptcy, is not precluded from subsequently impeaching a fraudulent conveyance of real property, made by his debtor prior to such proceedings, but kept concealed from his assignee until after the termination of such proceedings.</p> <p>Married Women — Separate Estate — Husband’s Interest— Tenant by Curtesy.</p> <p>A husband, since the adoption of the state constitution, has no such interest or estate in his wife’s separate real property, during her life, as can be taken on execution by his creditors, and his joining with her in a deed, voluntarily, and without consideration, to enable her to alienate the same, cannot be deemed a fraud upon his creditors, although he thereby bars his right to become a tenant by the curtesy in such property, after her death.</p> <p>Declarations of Grantor — Effect Of.</p> <p>The declarations of a grantor, impeaching her own title to real property in her possession, are admissible against her grantee. „But her declarations in support of such title are not admissible in his favor, except as accompanying her possession or acts of ownership over the same, and being explanatory thereof.</p> <p>Idem — Evidence.</p> <p>Her declarations, that she had purchased of a particular person, and paid a definite sum out of a certain fund, are not competent evidence of such facts.</p>