The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-22
Supreme Court Opinion

n W Williamson, Plaiutif in Error,
The Oklahoma National Bank, Defend
ant in Error.
This was a proceeding in garnish-
ment brought by the Oklahoma Ma
tionai bank, as plaintiff below, against
Williamson, as garishee and Dowden.
on Aug. 18th, 1895, the oklahoma Ma
tiunal bank brought suit against f. w.
Dowden. in the district court Of Okla
homa county to recover judgment on
promisory note Tor s2.stt8o executed
by powden september II, 1894 sad due
March il. 1895 with luterest
Judgment was rendered against
Dowdcn ON the 18th Of December, 1895.
for sa.t295o.
ON August 20. W X Dobbin as agent
for the oklahoma National bank hled
an affidavit in punishment in the case,
10 the effect that he was agent for the
plainunf that the defendant was in
debted to the plaintiff in the sum OF
$2.s4490, with interest and costs; that
he verify believes that Mrs. Mae Dow
den and T. w. Williamson are indebted
10 and have property real OF personal,
ia their possession. OF UNDER their con
troll belonging TO the defendant. (N W.
Dowden)i that defendant has not prop
erty liable to execution sufficient to
satisfy plaintiffs demands that the
Indebtedness Of property mentioned
herein in the possession or under the
control Of Mrs. Mae Dowden and T W.
Williamson is, to the best of the know
ledge and belief Of this afhant, not BY
law exempt from seizure or sale upon
ea ecution.
Garnishee summons was issued upc"
this affidavit and served upon NIA-
iamsoi. the same day
on September Srd Williamson filed his
answer in punishment averring the
answer in garnishment, avering the
in no manner, ana upon no account
indebted or under liability TO the de-
/ fendant, +. w. Dowden. and that he
then had. and now has, in his posses
sion OF under his control, no real estate
and no personal property, effects UT
credits OF any description belonging 10
the defendant, or In which he has any
interest; and is in no manner liable as
garishee.
on september l6. 1885, the plaintiff
served notice upon Williamson, as gar
ishee. notifying him that the plainutI
elected to take issue upon the answer
filed by him.
Upon the issued between the plain
tiff and the garnlshee. Williamson, thus
framed the case was tried on the 1871
OF April. 1891 before a jury,
SYLLABUS.
opinion by McAtee
l. Section 2l2 Of the statutes Of ls9'
concerning garnishment, provides tha
from the time Of the service Of the sum
mons upon the garnishee he shall stan'
liable to the plaintiff to the amount o
property. moneys. credit and effects II
his possession and under his control
belonging to the defendant or in whicl
he is interested, to the extent OF hi
right and interest therein.
In a proceeding under this statut
in which evidence was offered to sho'
only that the garnishee had shares o
stock IN a certain corporation In nj
hands. transferred to him by way O
sale, and Ia which proceeding II wa
sought 10 be shown that the transfe
was fraudulent. and no evidence wa
offered tending to show that the gar
nishee was In any manner or upon an
account indebted to the principal debt
or. II is error TO instruct the jury tina
they may return a money verdict.
''The jury should be instructed to as
certain and return finding whether q
not the garnishee has in his possessio
personal property belonging to the de
fendant, and If SO. what that propert
is.
p a person is not preeluded unde
the law from purchasing property froI
one who is involved deeply In deb
and unable 10 meet his obligation
notwithstanding the purchasers haN
knowledge OF such indebtedness. pr,
yided the purchaser buys in good fait
for a valuation and pays a reasonab
value therfor. and without knowledG
that the sale was made for the purpoi
OF defrauding the just creditors Of n
grantor. and under the Circumstance
Of the case, It was erroneous 10 refuI
an instruction which SO stated the la
to be.
The judgment below viii be revers'
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