GARRISON v. SEIBER


513 P.2d 1180 (1973)

Thomas GARRISON, Trustee in Bankruptcy of the Estate of Billy LaVon Seiber, Appellant, v. Billy LaVon SEIBER et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided September 10, 1973.


Attorney(s) appearing for the Case

Edwin J. Peterson, Portland, argued the cause for appellant. With him on the briefs were Stephen R. Frank, and Tooze, Kerr & Peterson, Portland, and Thomas Garrison, Roseburg.

George F. Weigum, Roseburg, argued the cause and filed a brief for respondent.


HOWELL, Justice.

Plaintiff, a trustee in bankruptcy, filed this suit to set aside a conveyance from the defendant Seiber to the defendant Summers on the ground the conveyance was made in fraud of creditors. The trial court entered a decree dismissing the suit, and plaintiff appeals.

In 1968 defendant Seiber and his then wife purchased a house and approximately five acres of real property in southern Oregon for $13,400. The purchase was financed by a mortgage...

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