The Pimbaugh Letter

Friday, November 9, 2007

Woodey, Edlean, Randy, and Rhett Searle


In 1955, 19 years before their marriage sadly ended in divorce, the Searles, of Searle Bros. v. Searle, 588 P.2d 689 (Utah 1978) (Contained in Professor Yeazell's Civil Procedure textbook), were involved in an earlier suit in re a certain Abe Greenband. Porter v. Searle, 228 F.2d 748.
The Searles sold to Abe Greenband all the merchandise in their retail store, Searle's Saving Center in Vernal, Utah.

Greenband made a down payment and then monthly payments on the merchandise and the Searles held a mortgage on the merchandise. Within four months of filing for bankruptcy, Greenband surrendered the merchandise to the sellers in satisfaction of the balance due on their contract. The Searles discharged their lien and released the debtor from any further obligation. The bankruptcy trustee sought to have the transfer to the Searles set aside on the ground that it constituted a voidable transfer under 11 U.S.C.S. § 96. The trustee appealed from an adverse judgment. The court affirmed. The court concluded that the lien and the delivery of the merchandise in satisfaction did not constitute a preferential transfer. The court determined that the delivery of the merchandise to the debtor constituted present consideration for the balance of the purchase price and the equitable lien that came into being to secure the same. The court found that the merchandise was not surrendered to perfect the sellers' lien, but to satisfy the debt secured by the lien and to discharge the lien.

I don't really know what all of that means right now.

Anyhoo, the original pre-divorce Searles, in 1965, are above on the left of the picture.

The extended Searle family is involved in a sport called horse cutting. See here, too. Woodey owned a World Champion Cutting Horse named "Holey Sox". (Woodey is holding a picture of Holey Sox in the above picture)

Woodey B. Searle died on Jan. 31, 2002, survived by his sweetheart Vonetta Schanno Searle. They were married June 14, 1974. Their marriage was later solemnized in the Provo LDS Temple.

I wonder about Edlean; what happened to her.

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