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SKERRY v. LAMB

248 Or. 147 (1967)

432 P.2d 792

SKERRY, Appellant, v. LAMB ET AL, Defendants, LITHIA LUMBER COMPANY, Respondent.

Supreme Court of Oregon.

Affirmed October 25, 1967.

Attorney(s) appearing for the Case

James F. Spiekerman, Portland, argued the cause for appellant. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson.

Frank A. Bauman, Portland, argued the cause for respondent. With him on the brief were Keane, Haessler, Bauman and Harper, Portland, and Stanley C. Jones, Jr., and Joel B. Reeder, Medford.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED.

PER CURIAM.

On July 9, 1964, Zelma Lamb and Drew Lamb gave a note and mortgage for $60,000 to a trustee for the benefit of their son. Five days later the makers of the note suffered a not unexpected judgment in the sum of $1,740,000. In this proceeding by the trustee to foreclose the mortgage, the trial court held the note and mortgage to be void because in fraud of creditors. The trustee appeals.

The issues were primarily factual and the...

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