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HENDRICKS v. BOTTEN

241 Or. 118 (1965)

404 P.2d 242

HENDRICKS v. BOTTEN ET AL

Supreme Court of Oregon.

Affirmed July 15, 1965.

Attorney(s) appearing for the Case

Jarvis B. Black, Portland, argued the cause for appellants. With him on the brief were Phillips, Coughlin, Buell & Phillips, Portland.

Edwin J. Welsh, Portland, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

AFFIRMED.

PER CURIAM.

This is an appeal from a decree setting aside a conveyance made in fraud of creditors. The only issue is whether the original judgment under which the plaintiffs in this case claim is subject to collateral attack.

Two defects are alleged as bases for an attack upon the creditors' original judgment: (1) The original action was one in the nature of replevin and the jury verdict awarded money...

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