Ranger
Ranger v. First National Bank of Haskell
Opinion
Lead Opinion
Shaw, J.
Defendant having obtained a judgment against F. B. Ranger, caused an execution to be issued thereon, which was levied upon a Rausch & Laing electric coupe and a Cadillac automobile" then in possession of plaintiff herein, Mae B. Ranger, who claimed ownership of the same. • Under the execution so levied the property was by the sheriff sold to defendant for the sum of three hundred dollars. Thereupon plaintiff brought this action of claim and delivery. Judgment for the restoration of possession of the property was rendered in her favor, from which defendant appeals.
The contention made by appellant is identical with that made in the case of First Nat. Bank v. Ranger, ante, p. 447, [ 193 Pac. 788 ], involving other transfers of property by Ranger to Ms wife, namely: that title to these cars was transferred by F. B. Ranger to plaintiff Mae B. Ranger while he was indebted to defendant bank, and, if he was not insolvent at the time he made the transfer, he made it in contemplation of insolvency. The Rausch & Laing electric coupe was purchased in December, 1913, with money given plaintiff by her husband as a Christmas present, long before he became indebted to defendant, and hence,…