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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 28, 1918)
THE SUNDAY OltEGOXIAX, PORTLAND, JTJjLT 28, 1918. FRAUD TO DEBTORS IS HOT PERMITTED Conveyance Qf Property to Escape Obligation ' Is Held Void. QUESTION LONG ARGUED W. B. Shlvely, Chairman of Pott land Realty Board's Legal ' Committee, Analyzes Part " Wife iay Play. BT W. B. 6HIVELT. Chairman Legal Committee, Portland Realty Board. Can a man, owing? debts and with Intent to defraud, convey his property to bis wife or near relative or to a friend, and thus remove It from the reach of his creditors? . The statute Involved in answering: conclusive presumption of fraud; our Supreme Court has been very careful In pointing: out that While transactions of this character be tween husband and wife will be more clselr scrutinized than It they were between per sons not related yet the mere fact of such relationship la not of Itself sufficient to justify the court in declaring them fraud ulent. And our Supreme Court further stated in the very late case of Vogrt vs. Marshall-Wells Hardware Co.. 172 Pac. 123: The fact of relationship is merely a cir cumstance to be scrutinized with other cir cumstances In determining the good or bad faith of the transaction. Good faith and adeqnate consideration being shown, the circumstances of relationship loses its value. In other words, each case ha to be decided on Its own particular facts. For instance, in the case of,Coolidge vs. Oberlin, 66 Ore. 563. 135 Pac 167. the facts were, briefly, that a Mrs. Oberlin at one time owned a Nebraska farm which she sold and lent the pro ceeds of the sale to her husband, who invested the same in his own name. Wife Gets Real Estate. He then became Involved with his creditors, after which he conveyed to nis wile certain real estate in satisfac tion of his debt to her. The creditors thereupon brought suit against Ober lin, endeavoring to have the deed from Oberlin to his wife set aside, claiming that the same had been executed with intent to defraud them. The, court. after reviewing: all the testimony, held that Mrs. Oberlln's claim agrainst her nusDand was a bona fide one; that he had a right to favor her as his creditor and that the transaction between them should be upheld. Again, In the case of "Walker vs. Harold, 44 Or. 206, 7 Pac, 705, Harold, being: in debt, borrowed money from his mother-in-law, as security for WATER SPORTS LURE! Portland Swimmers to Vie in Columbia Beach Event. GREASED POLE IS FEATURE First Big Water Carnival for Season Will Open on August 3 Out door Dancing; Attractive to Many Visitors. Portland's first bis; water carnival for the season will be held at Columbia Beach Saturday, August 3. The date and details were announced yesterday by Manager C. H. Lewis and it is expected that the best of Port land's swimmers, togrether with many of the younger stars, will participate in many events. H. P. Terwilllger, swimming In structor at the beach and formerly as sociated with the Y. M. C. A-. will have charge of the events. The judges will be selected next week. There will be tub, sack, straight foot and swimming races. A greased pole with a war NEW MARKET WITH STORES HANDLING MANY LINES OF MERCHANDISE JUST OPENED. Jjf - J, 3 t t..:.-..-A . ' " V S'? .r f - dbMsMTv, n .4 a. ' -r J It. ..i-r .5-. ii iffirii r THE UBGRTT, AX KIFTH AND YAMHILL STREETS. this question is found In Lord's Oregon Laws at Section 7397, and is briefly as follows: Every conveyance or assignment In writ - lng or otherwise of any estate or Interest In lands . . . made with the Intent to hinder, delay or defraud creditors or other persons of their lawful . . . debts ... as agrainst the persons so hindered, delayed or defrauded, shall be void. Thla question has been the subject of much litigation In this state. At the outset it may be observed that a debt or's right to prefer one creditor over another Is not prohibited by any statute of this state. Feldman v. Nlcolal, 28 Ore. 34, 42. 40 Pac 1011. (The remedy of creditors seeking to avoid a prefer ence to any particular creditor Is through the bankruptcy courts.) And . If a man Is Indebted to his wife, rela- tlve or Intimate friend. It Is not a crime : for him to convey his property to that wife, relative or friend In eatlsfaction ...of, or as security for the debt; so long as the transaction is made in good " faith and for a valuable and adequate consideration the conveyance will be - upheld. Court Upholds Right. As was said by the Supremo Court of the Stats of Oregon, In Wright vs. .'. Craig, 40 Ore. 191. 66 Fee 807: It Is not a badge of fraud for a hus- band to sell and transfer property to his wife, for the husband and wife can now deal with each other so ' far as their aep- '' arate property rights are concerned, as If they were strangers, and where the right exists there can be no Impropriety In x erclalng it. However, by reason of the fa clllty afforded by the relationship of the 4, parties for entering Into confidential rela- 4. tlons and keeping them secluded from others such a transaction will be closely scrutinized, and the grantee must exhibit ' such a case as is wholly consistent with fair " " dealing. Following this line of reasoning, It ' has been established In this state by a ,,. long succession of authorities that - wherever a conveyance Is made by one to an Intimate relative or close friend, "the burden Is cast upon the person to whom the conveyance is made to prove - ' by a preponderance of the evidence that the conveyance was made "for a - valuable consideration. In good faith and without intent to defraud" those to whom the one making the convey vance was Indebted at the time the con " ' veyance wa made. HUlsboro National - Bank vs. Garbarlno, 82 Ore. 405, 410, '' 181 Pac 703. This does not mean, however, that the mere fact of the conveyance having been made raises a MR. SHIVELY REPLIES. In an article written by M. E. Pogue appearing In The Sunday Oregonian of July 21. entitled "Rights of Wife Limited by Laws," the author refers to an article appearing over my signa ture in The Sunday Oregonian of July 7 (page 6, section 3) on the subject of wills, and states that In preparing that article it was evident that the new dower and curtesy law (1817 session laws, 687) had not come to my atten tion. In this Mr. Pogue is in error. A reading of the article of July 7 on wills referred to by Mr. Pogue will show that the new dower and curtesy law is ex pressly cited in the fifth para graph thereof and that the effect of the new law Is also referred to and briefly Illustrated In the 6th, 11th and 14th paragraphs. Mr. Pogue's article is a criti cism of the new law, and lays stress upon what appears to Mr. Pogue to be an unjust Interfer ence with the property rights of married women. ' The article of July 7 prepared by me is not a criticism, but was Intended to be a plain statement of the law as it exists. Readers of articles written over, my signature will find that I do not attempt to set forth my own opinions and views upon what the law should be or what courts should have held. 'It has been my desire merely to state the law as It Is. and where opinions are expressed it will usually be found that they are the opinions of our Supreme Court. I make this ex planation in justice to myself in view of Mr. Pogue's mistaken statement that the new dower and curtesy law had not come to my attention In preparing the ar ticle on wills. which he gave her a mortgage for 11200 on certain lands standing In his name. He then conveyed the prop erty to his wife. The creditors brought suit to have the mortgage and deed set aside as being fraudulent. After reviewing the facts, the court held that it was Incumbent upon the mother-in-law clearly to show the ex act amount of money she had lent Har old at the time the $1200 mortgage was executed. The only sum shown by the testimony to have been lent Harold In consideration of the execution of the mortgage was S400. The testimony as to the balance of the alleged loan was vague and unsatisfactory, and the court held that the 31200 mortgage should be scaled down to 1400 and the con veyance to the wife set aside, which was done. And again. In Fleischner vs. Bank of McMinnville, 36 Or. 653, 60 Pao. 603. the facts were that one Redmond had executed certain mortgages to his wife and brother-in-law. It was claimed that the wife and brother-in-law had lent money to Redmond more than, nine years prior thereto. No demand or payment had ever been made upon these alleged debts nor had any note been taken from Redmond by either the wife or brother-in-law, nor did said debts show in the annual inventories taken by Redmond of his business con dition, nor in any of the statements submitted by him to commercial agen- les. Transaction Not Upheld. The court held that "a party who has valuable claim against another does not as a general rule suffer the claim to stand for a period of 13 years with out even taking a note, without calling tor Interest and without security do ing nothing whatsoever to collect or secure the debt- Such is not the man ner in which business is done while valid bona fide debt is In existence." And the court concluded that the mort gages were executed for the purpose I defrauding the creditors and were, therefore, void. In the case of. Wright vs. Craig. 40 Ore. 191, 66 Pao 807. it developed in that case that the husband was hon estly indebted to his wife in various sums aggregating some (4000. Being in trouble with his creditors, the hUB band conveyed to his wife property worth from 86000 to 810,000. The court held that under the circumstances It was not merely necessary for the wife to show that she had paid a valuable consideration for the conveyance, but also that she had paid an adequate one, that is, a sura commensurate with the value of the property. After re viewing the testimony the court held that because of the fact that the prop erty conveyed was of a value greatly In excess of the debt shown to exist between the husband and wife, the deed should be set aside, but that in view of the fact that the debt was bona fide one, the wife should .have first lien upon the premises Tor the amount of the debt, the creditors tak ing the balance. From the foregoing citations it will be seen that each case is to be decided on its merits and that the court en deavors to do substantial justice to each party concerned. Creditor Ja Defined. Before closing it would be well to call attention to the court's -definition of the word creditor. A creditor is no merely one whose demand is due, but the term includes one whose demand is yet to mature. As stated by the Su preme Court in the case of HUlsboro National Bank vs. Garbarlno. above cited: It Is oulte as culpable for the debtor to alienate his property with intent to de fraud one whose claim Is not yet due as thus to seek to Injure one whose demand has matured. To distinguish between th two wrongs Is not consonant with sound logic. And the term "creditor includes not only one whose claim Is liquidated that is, reduced to a definite amoun but also one whose claim is unllqui dated, as, lor instance, one who has right of action for damages agatns another for an Injury or tort. Seed vs. Jennings, 47 Ore. 464,467. 83 Pac 87 It will do seen, therefore, that any conveyance to hinder or defraud one who may subsequently reduce an un liquidated claim to judgment falls equally within the purport of the stat ute and is void. Before any credlto however, can bring such a suit to have a deed set aside, he must either reduce his claim to a judgment or have se cured, a valid attachment, ; savings stamp at the end as an Incen tive will add to the merriment. The man who reaches the stamp wins it. A battle royal on the huge float will be another diversion. Liberal Prises Offered. Prizes In war savings stamps amount ing to more than J36 will be given the winners in the respective events. The completed programme will be an nounced early next week. Entries for the various events can be made at the box office at the beach. Today there will be plenty of amuse ment. The afternoon and evening con certs at 2 and 7 o'clock by Philip Pels uu nu woiumDia Beach orchestra will be followed by dancing in the open-air pavilion. The beach , is in excellent condition and thousands have enjoyed piunBe in tne waters of the Colum bia. An interesting feature is the re volving rainbow tower, which throws every color of the rainbow on the bath ing crowas in tne evening, making the beach a rarely spectacular scene. The light is a regular feature. PIcnio parties have found the beach much to their liking. Last Sunday the Brotherhood of Railway Trainmen, with approximately 2000 members and their families and friends, held their annual outing at the beach. Monkey Hunting: Delights. Monkey hunting is cal sport, but half a hundred men and women engaged in the festive pastime this week on Shaw's Island, where Columbia Beach is situated. Of eight large monkeys that form a part of the animal show on the nromo. naae at tne oeacn. tnree dodged their Keeper at an opportune moment and made a successful dash for llhertv in the cottonwood and willow brake to the rear of the beach. The alarm was sounded and every- Doay started to hunt the missing simians and the vicinity of the beach was scoured ror more than a day. .cviaenuy two of the runaways did not find the Oregon woods trimevn.1 much -to their liking, for they returned of their own accord after eluding the cnase. a no inira monkey is still miss ing. BUILDING BOOM LOOMS 'O LARGE APARTMENT-HOUSES rise: at .north bend, Simpson Estate Company Plans to Erect SO Bnngalows tor Workers Ea araged in Coos Plants. NORTH BEND. Or.. July 27. (Spe cial.) J. A. Allen, formerly engaged in the shingle business in this city, has prepared plans for the erection of two modern apartment-houses on his prop eriy on snerman avenue. The struc tures will be of frame and plastered and will contain four large apartments. each with' built-in furniture and other modern conveniences. The total cost of the two structures will approximate xio.uuu. Tne large worklngmen's tDartnanii now being erected by W. K. Wiseman, of Powers, on a site only a few blocks rrom the proposed Allen apartments, are nearing completion and will be ready for occupancy within a few weeks. The completion of these aoart- ment-houses will assist materially in supplying the increasing demand for apartments in this city and will afford better accommodations' for the em ployes of the industries. Increased activity In building opera tions is. noticeable throughout this vi cinity of late and numbers of small bungalows and cottages are in course of construction. The Simpson Estate Company, which owns a large number of residence lots in the city, is having contractors prepare plans and estimates for from 20 to 30 bungalows, which the company expects to erect. They will be sold to workers In the mills on the easy-payment plan. WINNIPEG DEBT DECREASED Portland Investors Interested Report of Trustees. Portland "Investors In ' securities th city of Winnipeg, Canada, will In Shanahan's Great Drive on Seasonable Goods Continues One More Week you have a home, run a boarding house, lodging or apartment house, look at the wonderful bargains Shanahdn is offering this week in sheeting, sheets, pillow cases and other household goods. Buy liberally for your present and future needs, as it will probably be years before these prices will again be quoted for such standard merchandise. The other departments have equally tempting, off ers, made possible by Shanahan's policy of cash sales, light overhead expense and small profit. We reserve the right to limit quantities. Sheeting, Sheets, Pillow Cases, Table Cloths and Household Necessities Hotels, Rooming Houses and busy housewives should anticipate their needs in this line at these exceptionally low prices. A Sensational Sale of Towels At Prices That Will Startle the Shrewdest Buyers Size 132x23-inch Huck Towels Sp'l 122c ea.; doz S1.00 Size 17x32-inch Huck Towels special, each 18d Size 16x33-inch Huck Towels special, each 20J Size 18x33-inch Turkish Towels special, each 15d Size 18x34-inch Turkish Towels special, each. . . 25i Size 20x39-inch Turkish Towels special, each.. 35d Size 24x48-in. Extra Heavy Turkish Towels sp'l, ea. 75d Size 24x51-in. Extra Heavy Turkish Towels sp'l, ea. 98t 72x90. 72x90. 81x90 81x90 42x36 45x36 42x36 45x36 Sheets and Pillow Cases AT TREMENDOUS SAVINGS Inch Unbleached 'Tepperell" Sheets, each S1.65 inch Bleached "Fruit of Loom Sheets, sp'l S1.98 -inch Bleached "Champion" Sheets, special S1.85 -inch Bleached Linen Finish Sheets, special S1.75 inch Bleached Pillow Cases, special, each. . . .25d inch Bleached Pillow Cases, special, each 25c -inch Bleached Pillow Cases, special, each. . . .45ti -inch Bleached Pillow Cases, special, each 45 d A Phenomenal Sale of Sheetings NOTE THESE LOW PRICES 54-inch Wide Unbleached Sheeting special, yard 50d 54-inch wide Bleached Sheeting special, yard 556 63-inch wide Bleached Mohawk Sheeting special, yd. 606 72-inch wide Unbleached Sheeting special, yard 596 72-inch wide Bleached Sheeting special, yard 656 81-inch wide Bleached Sheeting, extra special, yard 676 Wonderful Sale of Table Cloths $1.98 Mercerized Round Scallop $ JT Q Table Cloths. Special, Each. .1,0 Every woman will certainly profit by attending: this sale. These Table Cloths are without a doubt a sjemilne bargain. Shown in several beautiful designs. Don't overlook these oharmlns; covers. $2.50 Mercerized Hemstitched Table Cloths. Special at Another sensational offering of Table Cloths. A remarkably rood quality handsome designs, nemstltched all around a Table Cover that will give eminent satisfaction. Curing: this sale only at 81.98 each. $1.98 Wash Goods Mrs. Careful Shopper, this is your opportunity to supply your present and future needs here while these special prices prevail. 35c New Plaid Percales Special 29c Yard S-ICH These are shown In broken plaids In a beautiful com bination of colors suitable for ladles' house dresses, aprons, chil dren's dresses and, combined with plain colors, mak lovely street costumes. See our window display on Third street. 19c to 25c White Goods Special 15c Yard This lot Includes Stripe and Check Dimities in various sises, ex cellent quality suitable for under musllns, children's wear, dainty house aprons, waists, etc Don't fail to supply your present and future needs at this exceptionally low price. 35c Dress Percales Special 25c Yard 3S-IXCH In these days of tumult and hitch war prices thla Is a most sensational offering; shown In a lars:e variety of beautiful designs and colors suitable for ladies' and children's wear, boys' blouses and the many other uses that women know for this excellent fabric. Wonderful Sale of Outing Flannels Special 25c Yard Here is your golden opportunity to purchase excellent quality out ing flannels at an unheard of low price. These are actually worth i6o today. Owing to the great ad vance In cottons It will pay you to lay in your supply now at this ex ceptionally low price. New Arrival of Voile Waists AMAZINGLY UNDER. PRICED, EACH. These Waists are new, crisp stock, fresh from the man ufacturers, fashioned in the late stvles. They are here at the proper time for your mldseason needs. We are offerlnar them far below the actual value of raw material. Join the eager throng and obtain your share of these wonderful waists. $1.39 $1.65 Black Silk Taffeta, Sen sationally Underpriced, Yd. . . 35-lnch Dressmakers and those who do their own sewing will do well at this sale, for sich SPLENDID SILKS are rarely offered at such a low price. Beautiful, deep, rich, lustrous finish and Just the right weight for costumes, suits, coats, skirts, waists and petticoats. These are on sale for two days only (Monday and Tuesday). Don't fall to lake advantage of this grand opportunity. Hosiery and Underwear At Prices That Will Meet the Approval of All Economical Buyers Fibre Silk Boot Hose Special 50c Pair Women's Fiber Silk Boot Hose, double soles and high spliced heels, wide hem and lisle tops; b 1 a o tc only, fast color; jrood wearing. Very special at 50c. Children's Hose Special 12V2c Each Children's Medium - Weight Hose, double heels and toes, black only, all sizes 5 to 9 V. Just the stock ing for beach and mountain out ing wear. Very special 12H$. 35c Girls' Union Suits Special 25c Each Girls' Fins Ribbed Cotton Union Suits, low neck, sleeveless, lace trimmed, knee length, drop seat, sizes 6 to 12 years. To close out special at 25c. Boys' Shirts and Drawers Special 25c Each Boys Mesh Shirts and Drawers, some Chalmers' Poros Knit mixed In the lots: shirts have short sleeves, drawers are knee length; all sizes 24 to 84. priced at 25C each. $1.25 Pure Silk Boot Hose Special 89c Pair Women's Pure Bilk Boot Hose, full fashioned, double soles, high spliced heels, lisle tops, black only, embroidered insteps, regular $1.25 hose, special at 89. 35c "Hope" Muslin, Amaz ingly Underpriced, Yard Jd-INCH This well-known brand of Muslin Is on sale at a won derfully low figure. Every woman knows the durability and ex cellent wearing qualities of this Justly celebrated fabric Limit TEN yards to a customer. Men's $1.25 Khaki and Black Sateen Work Shirts, Each . . . HEX! These Shirts we are offering for this sale will appeal to you In quality, workmanship and price. Nowhere In the country will you find shirts of this quality at such a low price. Size 14 H to 17. Come, Join, the vast army of thrifty buyers and take advantage of this wonderful opportunity. Boys' Khaki Overalls, Spe cially Underpriced, Each. . . Sizes 7 to 15 years. Here are Boys Khaki Overalls of exceptionally good quality. Her la your golden opportunity to purchase over alls at a remarkably low price. $1.00 75c Boys' Waists Special 50c each Bora blouse waists In a variety of pat tern with military collars mada up In percales and cham- brays In neat atrlpea of various widths. Excellent quality. Slzea 6 to 12 year. Store Open 9 A. M. to 6 P. M. MAMAM Saturday From 9 A. M. to 8 P. M. We Dellyer to All Parts of City New Location, Dekum Bldg Third and Washington Sts. THE STORE THAT SAVES YOU MONEY "THE BIO CASH STORE" Entrances 266 Washington St. and 125 Third St. 20c Curtain Scrims 12 y2c Yard S-IVCM Curtain Scrims la white, crtam and tcru, with hammed bor der. Ezoallm t quality. Cheap at 20c today. o n' t fall to take ad vantage of thla exceptional o f f a r-lnr. Interested to learn that there hu been a remarkable decline In the et debt; . I tha In ait four VSlfB. At shown in the report of th. sinking fund trustees or tne cny iur m j lng April 80. 1918. In 1914 the gross debt was 841.gOJ.tl8. the sinking fund $4,609,086. and the net debt 8S7.198.8J1. J.n ui mo "" had been reduced to 839.992.830. the sinking fund had Increased to JMfO. 139 and the net debt was $30,892,691. a decrease pf 86.801.140. NEW COMPANY IS ORGANIZED George Boole, of Seattle, Head of A. M. Castle A Co. The business heretofore conducted by the Western Hardware & Metal Company at Seattle, and that by A. M. Castle & Co. In the Pacific Northwest, is to be conducted hereafter by A. M. Castle & Co., of Washington. Th. entire organization and ware house facilities of the Western Hard ware & Metal Company have been tak en over by the new company, which is organized with, a capitalization of 81.500,000. A. M. Castle & Co. was I founded In 1890 with headquarters In Chicago, and from most modest be ginnings has grown to be one of the important Iron and steel jobbers of the country with a modern plant and facili ties. The Western Hardware & .Metal Company was established twelve years ago by George Boole, who had Had a wide experience In iron and steel mer chandising, particularly on the Pacific Coast. Mr. Boole will be active in the new company and will b. th. chairman of this board. Th. n.w company will have the larg est stock of its kind on the Pacific Coast. It will represent th. various mills which A. M. Castl. & Co. handled and also the ones heretofore represented by th. Western Hardware & Metal Company. The principal of fices will be at 1201 First avenue. South, corner of Connecticut street, Seattle, Wash. The officers are: George Boole, Seattle, chairman of the board of directors; W. B. Simpson, of Chicago, president; L. M. Henoch, of Chicago, secretary; H. Crskin. Camp bell, of Seattle, treasurer; George War ren Boole, Eeattle. vice-president; Frank J. Speckert, SeatUa. ' vsus-f e&le dent; Roy L. Sanford. San Francisco, vice-president. COOS TO WELCOME EDITORS Hospitality of District Extended by Business Men of Harbor Towns. MARSHFIELD, Or., July 27. (Spe cial). Coos Bay is going to entertain the Oregon Editorial association Jo a fitting manner when It convenes here from August 9 to 11 for a three days' session, on. of which will be spent at Li. J. Simpson's Shoreacres home. To aid In th. work of making the edi tors of th. state feel they ar. wanted and will be mad. welcome, th. cham ber of commerce of North Bend and Marshfleld are writing personal letters to all newspaper men, urging them to come down and enjoy three days of cool breezes and th. hospitality f the district. Local editors and newspaper men ar. also assisting th. committee in every manner possible. Tba, ftjsgenjan classified, ads. Directors of Prominent Life Insurance Agencies Aemfccr of Ufa Undertoriten . Association of Oregon. Wm. Goldman. General Manager. NATIONAL. LIFE OP VERMONT. Oresonlan Bids. H. G. Coltoa, Manager. MASSACHUSETTS MUTUAL. LIFaL Chamber of Commerce Bids. Lb Harmon. General Asent. PEN N MUTUAL. LIKh;. Northwestern Bank Bids. Horace Mecklem. Manager. NEW ENGLAND MUTUAL. LIFE. Northwestern Bank Bids. M. M. Johnson. NEW WORLD LIFE INSURANCE CO, 02 Ptevena Bulg. H. R. Albee, General Acent. NORTHWESTERN MUTUAL I.IKE INS. CO. Northwestern Bank Bide T. H. McAllla. 8tate Mir., UNION MUTUAL LIFE INd. CO. Board of Trade BUg. Edgar W. Smith. Manager. EQUITABLY LIFE ASfcURA.NOH SOCIETY, evn vresouiaa ja.ag. V