MATTER OF MARRIAGE OF SMITH AND SMITH

DM 82-1-2, C82-6-116; A30109.

705 P.2d 197 (1985)

In the matter of the Marriage of Naomi Jean SMITH, Fka Naomi Jean Harvey, Respondent, and John Marshall Smith, Respondent, John Marshall Smith; Carol Ann Smith; Western Mercantile Agency, a Corporation; Kerr Hardware, a Corporation; Coast Industrial Exchange, Inc.; Senco Products, Inc., a Corporation; and Englund Marine Supply Co., Inc., a Corporation, Respondents, Sheila M. Smith; Southern Oregon Credit Services, Inc., a Corporation; General Credit Services, Inc., a Corporation; Eutectic Corporation; Port of Brookings; June Landis, Herbert Hurtley and Alpha Hurtley, Defendants, Harold Wise and Irma Wise, Appellants. Western Bank, an Oregon Banking Corporation, Respondent, v. JOHN M. SMITH; JEANE SMITH, Aka Naomi Jeane Smith; Carol Ann Smith; Western Mercantile Agency, Inc.; Kerr Hardware, Inc.; Coast Industrial Exchange, Inc.; Englund Marine Supply Co., Inc., and Senco Products, Inc., Respondents, Gold Coast Title Company; Sheila M. Carle; Southern Oregon Credit Service, Inc.; General Credit Service, Inc.; Clarence William Landis; June Landis; Herbert Hurtley; Alpha Hurtley; Port of Brookings; and Eutectic Corporation, Defendants, Harold Wise and Irma Wise, Appellants.

Court of Appeals of Oregon.

Decided August 7, 1985.


Attorney(s) appearing for the Case

John E. Davis, Grants Pass, argued the cause for appellants. With him on the brief was Calvert & Davis, Grants Pass.

Martin E. Stone, Coquille, argued the cause for respondent Carol Ann Smith. Frederick J. Carleton, Bandon, argued the cause for respondent Naomi Jean Smith. With them on the brief were Slack, Stone and Gillespie, Coquille, and Spady and Carleton, Bandon.

No appearance by respondent John Marshall Smith.

John R. Coutrakon, Brookings, waived appearance for respondent Kerr Hardware.

Jon Littlefield, Coos Bay, waived appearance for respondent Western Bank.

Malcolm J. Corrigall, Coos Bay, waived appearance for respondent Western Mercantile Agency.

Walter H. Grebe, Portland, waived appearance for Englund Marine Supply Co., Inc.

(at8s)appearance for respondents Coast Industrial Exchange, Inc. and Senco Products, Inc.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

Harold and Irma Wise, beneficiaries under a trust deed securing a $20,000 promissory note, appeal from the judgment entered in these consolidated actions, which determined, in part, that the trust deed was a fraudulent conveyance and therefore is absolutely void. ORS 95.070.1 On appeal, they assign error to that determination and, in the alternative, contend that because...

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