The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1895-08-23
THURSDA'Y
Cowan Case Appealed.

In the case of Ii. NJ. Beall. receiver o.
the Linn County bank vs. James l.
Cowan, w. B. Donaca, j. NJ. Settle ant
j. A. Roberts, to recover S2S ,209.6I ano
set aside the transfer OF large amount
OF real and personal property, an appea
was filed yesterday in the United State;
circuit court to the United States circuit
court OF appeals OF the ninth circuit.
About two years ago J L. Oowan, whc
was conducting the Linn County bank
and the Bank of Lebanon ana other en-
terprises, became financially distressed
& Co. and other ere EDITORS. Cowan ex-
ecuted mortgage TO all of his property
both real and personal, to w. b. Donaca,
J. Nj. Settle and J. a. Roberts
IL. Nj. Beall, rs receiver OF the Linn
County bank, held that Cowan owed this
| bank S2S, POS. 80, and that his transfer or
! assignment OF all OF his property, both
| individually and rs the Bank ofLebanon
To Messrs. Donaca, Roberts and Settle,
under date OF June 81, 1898, was made
knowing that he was insolvent, and was
| for the purpose OF fraud. Beall, as re-
| ceiver OF the Linn County bank, sued To
| recover the money due-SSoeS, ,209. .6o-and
to set aside the mortgage by Cowan TO
Roberts, Donaca and Settle.
In their answer, Cowan, Donaca, Rob-
| erts and Settle set up that the property
! OF Cowan was transferred for the benefit
OF the creditors of Cowan, and the de-
positors of the Bank of Lebanon, and
that there was no fraud or conspiracy.
When the Lam County bank sued, by
Beall, its receiver, an attachment against
Cowan ct al. was also issued.
On the 2Sth day of May Judge Bell
niger passed certain decree that the
assignment OF properties, real and per
sonal, from the defendant, J. l.. Cowan,
to Donaca, Settle and Roberts should be
vacated, and set aside, insofar as the
same created or attempted 10 create any
interest or claim 10 the properties other
than an interest or assignment for the
benefit OF the creditors OF Cowal. and by
the decree the assignments and transfers
were decreed TO be for the benefit OF the
creditors, and a receiver was appointed,
10 whom should tie conveyed and trans
ferred the several properties assigned,
for the benefit of the creditors; and there
was denied to the complainant, the Linn
County bank, a preference lien, arising
oH al attAClneuk IN an 2CllOn at law.
This decree provided that it was oondi-
toned upon the written assent Of the
Linn County bank, and waiver by it OF
objections to the said decree. and OF all
right OF appeal.
The Linn County hank refused to ac~
eept the terms of the decree, and upon
August I2 the decree was set aside and
vacated, and it was adjudged that de-
cree be entered dismissing the complaint
OF the Linn County bank, and in favor
OF the defendants, Cowan, Donsca, Set
tie and Roberts, and Tor their costs and
disbursements.
The appeal just filed to the United
States circuit court of appeals of the
ninth circuit Is from this decision. The
Bank OF California has suit against
Cowan and wife, and another against
Oowan, Roberts, Donaca and Settle, both
to set aside transfers OF property, and
decided by Judge Beilinger the same as
the Linn County bank action.
These two suits will also be appealed
to the United States circuit court OF ap-
peals OF the ninth acknowledgements.