to be yielded or paid therefore and that upon every such agreement or composition the said Lords for the time being at the next Court to be holden at or for the said Mannors shall not only grant unto the said Vendee or Vendees upon request the same Copy or Customary Lands or Tenements by Copy of Court Roll of the same Mannors for such estate or interest as to them shall be sold and reserving the antient Rents Customes and Services but also in the same Court admit them Tenants of the same Copy or Customary Lands as other Copyholders of the same Mannors have been wont to be admitted and to receive their fealty accordingly Provided always and be it enacted by the Authority aforesaid That such of the said Commissioners as shall put the said Commission in execution shall upon lawful request to them made by the said Bankrupt not only make a true declaration to the same Bankrupts of the imploying and bestowing of their said Lands Tenements Offices fees Goods Chattels and debts so payed and satisfied to their said Creditors but also make payment of the overplus of the same if any such shall be to the said Bankrupts their Executors Administrators or Assigns And be it further enacted by the Authority aforesaid that if after any such act or offence committed and complaint thereof made to the said Commissioners so to be appointed as is aforesaid or the more part of them by any party grieved as is aforesaid concerning the premisses knowing supposing or suspecting any of the goods chattels wares merchandizes or debts of such offender or offenders debtor or debtors to be in custody use occupying keeping or possession of any person or persons or any person or persons to be indebted to any such offender or offenders do make relation thereof to the said Commissioners so to be appointed or the more part of them that then the said Commissioners or the most part of them shall by vertue hereof and of the said Commission have full power and authority to send for and call before them by such Process ways or means as they shall think convenient by their discretions all and every such person and persons so known suspected or supposed to have any such goods chattels wares merchandizes or debts in his or their custody use occupation keeping or possession or supposed or suspected to be indebted to such offender or offenders and upon their appearance to examine them and every of them as well by their Oaths as otherwise by such ways and means as the said Commissioners or the more part of them by their discretions shall think meet and convenient for and upon the specialty certainty true declaration and knowledge of all and singular such goods chattels wares merchandizes and debts of any such offender or offenders as be supposed or suspected to be in his or their custody use occupation or possession and all such debts as by them or any of them shall be supposed or suspected to be owing to any such offender or offenders And if any such person or persons upon such examination do not disclose and plainly declare and shew the whole truth of such things as he or they shall be examined of concerning the premisses to his knowledge or do deny to swear then every such person or persons so denying to swear or being examined do not declare the plain and whole truth concerning the premisses upon due proof thereof to be made before the said Commissioners or the more part of them so to be appointed as is aforesaid by witness examination or otherwise as to the said Commissioners or the more part of them shall seem sufficient in that behalf shall lose and forfeit double the value of all such goods chattels wares merchandizes debts by them or any of them so concealed and not wholly and plainly declared and shewed which forfeiture shall be levied by the said Commissioners or the more part of them of the Lands Tenements Hereditaments goods and chattels of such person so denying to swear or not disclosing the whole truth as is aforesaid by such ways and means and in such manner and form as is before limited and appointed for the principal offender or offenders debtor or debtors and the same forfeiture or forfeitures to be distributed or imployed to and for the satisfaction and payments of the debts of the said creditor or creditors in such like manner rate and form as is above declared concerning the ordering of the lands and tenements offices fees goods and chattels of such offender or offenders debtor or debtors as is aforesaid And â—e it further enacted That if at any time before or after that any such person or persons departeth the Realm or shall keep his or their House or Houses or otherwise absent him or themselves or take sanctuary or suffer him or themselves to be arrested outlawd or yield his or their bodies to prison as is aforesaid any person or persons do fraudulently by covin or collusion claim demand recover possess or detain any debts duties goods chattels lands or tenements by writing trust or otherwise which were or shall be due belonging or appertaining to any such offender or offenders other than such as he or they can and do prove to be due by right and conscience in form aforesaid for money payed wares delivered or other just consideration or cause reasonable to the just value thereof before the said Commissioners so to be appointed or the more part of them as is aforesaid and the same to proceed bona fide without fraud or coâ—vin that then every such person or persons so craftily demanding claiming having possessing or detaining any such debt duty or other thing as is aforesaid shall forfeit and lose double as much as he or they shall so claim demand detain or possess which said forfeiture shall â—e levied â—ecovered and imployed in manner and form as is afore rehearsed Provided also and be it enacted by Authority aforesaid that if it shall fortune the creditors of any such Bankrupt as is aforesaid to be satisfied and paid of their debts and duties of or with the proper lands tenements goods chattels and debts of the said Bankrupts or of or with the same and some part of the forfeitures of the said double values to be forfeited as is aforesaid and that there shall remain an overplus of the said forfeitures of the said double values that then the one moiety of the said overplus of the said forfeitures of the double values so remaining shall be by the said Commissioners so executing the said Commission within convenient time after the levying thereof paid unto the Queens Majesty her Heirs and Successors and the other moiety thereof shall be by the said Commissioners employed and distributed to and amongst the poor within the Hospitals in every City Town or County where any such Bankrupt shall happen to be Any thing in this Act to the contrary thereof not withstanding And be it further enacted by
Feoffment in Fee of all his Lands to defraud the Plaintiff of his action but this fraud was not pleaded Resolved by the Court it need not be pleaded specially but only given in evidence First because 13 Eliz. provides generally that the estate as to the Creditors shall be void and Acts of Parliament made to suppress fraud shall be favourably interpreted Secondly fraud and covin are so privily hatched that the party grieved hath no means to find them out and then to force the Plaintiff who is a stranger to plead it would be against reason Cook lib. 5. 60. Gooches Case 18. The Court shall not intend Fraud not intendible by the Court. fraud where it is not found by the Jury A. seized of Lands in Fee holden of I. L. of his Mannor of H. by Fealty Rent and rendring the best beast after the death of every Tenant in Fee-simple A. by Deed in consideration of love to his Son and heir apparent and a marriage between his Son and B. and for the Sons advancement infeoffs his said Son of the said Land the Son afterward to the end B. should not be endowed during his fathers life re-demiseth the Land to his father for 40 years if he lived so long The marriage took effect the Son did his suit and after the Feoffment the father paid the Lords Rent the father dies the Lord taketh his best Beast for an Herriot and in Trespass brought the Jury found all the special matter also the Statute of 13 Eliz. But it was resolved That in regard no fraud was found by the Jury the Court should not intend the said Feoffment to be fraudulently made and the same being found to be made in consideration of marriage shall not by construction of Law be taken to extend to any other intent nor to be fraudulent Cook lib. 10. 56. â—19 There are two manner of gifts Consideration upon good consideration First upon consideration of Nature and Blood Secondly a valuable consideration and the Statute of 13 Eliz. cap. 5. and the Proviso therein extends only to a valuable consideration for a gift made to defeat others must be made upon as hihg and good consideration as the things to be defeated are also every gift made upon trust is out of the said Proviso because it is not bona fide and a trust is either expressed or implied expressed when it is set down in or upon the gift implied when the gift is made without any consideration or upon consideration of Nature and blood Cook lib. 3. 81. b. Twines Case 27 Eliz. Chap. 4 Concerning Fraudulent Conveyances 1. BY the Statute of 27 Eliz. cap. 4. Stat. of 27 Eliz. Deceit of purchasers It is ordained and enacted That all and every Conveyance Grant charge lease estate incumbrance and limitation of use or uses of in or out of any lands tenements or other hereditaments whatsoever had or made at any time heretofore since the beginning of the Queens Reign or hereafter to be made for intent or purpose to defraud deceive such person and persons Bodies Politick or Corporate as have purchased or shall hereafter purchase in Fee-simple Fee-tail for life lives or years the same Lands Tenements or Hereditaments or any part thereof so formerly conveyed leased c. or to defraud and deceive such as have or shall purchase any Rent Profit or Commodity in or out of the same or any part thereof shall be deemed and taken only as against that person and persons bodies Politick and Corporate his and their heirs successors executors administrators and assigns and against all and every other person and persons lawfully having or claiming by from or under them or any of them which have purchased or hereafter shall so purchase for money or other good consideration the same Lands Tenements or hereditaments or any part thereof or any rent profit or commodity in or out of the same to be utterly void frustrate and of none effect 2. And be it further Enacted That all and every the parties to such feigned covenous and fraudulent gifts grants leases c. before expressed or being privy to or knowing of the same or any of them which after the 20th of April next coming shall wittingly or willingly put in ure justifie or defend the same or any of them as true simple and done or made bona fide or upon good consideration to the disturbance or hinderance of the said Purchasers c. shall incur the penalty and forfeiture of one Penalty years value of the said Lands Tenements and hereditaments so purchased or charged the one moiety to the Queen the the party grieved to be recovered in any of the Queens Courts of Record by debt bill plaint or information where no essoyn protection or wager of Law shall be admitted to the defendant or defendants and to suffer imprisonment for one half year without Bail or Mainprise 27 Eliz. chap. 4. 3. Provided that this Act shall not extend to any grant c. made upon good consideration and bona fide nor to any mortgage made bona fide without fraud and upon good consideration 27 Eliz. chap. 4. 4. And it is further enacted that Conveyance with clause of Revocation if any person or persons have since the Queens Reign that now is or shall hereafter make any conveyance gift grant demise charge or limitation of use or uses of in or out of any lands tenements or hereditaments with any clause or condition of Revocation determination or alteration at his or their will and pleasure of such conveyance c. of in or out of the said lands tenements or hereditaments or any part or parcel thereof and after such conveyance gift c. so had or made shall bargain sell demise grant convey or charge the same Lands Tenements or Hereditaments or any part thereof to any person or persons bodies politick or corporate for money or other good consideration payed or given the said first conveyance c. not being by him revoked made void or altered according to the power reserved That then the said former conveyance assurance c. as touching the said Lands Tenements and Hereditaments so after bargained c. against the said Bargainees Lessees and Grantees and every of them their heirs successors executors administrators and assigns shall be void c. 27 El. cap. 4. 5. J. C. had a Lease for 60 years Lease forged if he lived so long and he forged a Lease for ninety years absolutely and by Indenture reciting the forged Lease he bargained and sold the same and all his interest in the Land to R. G. R. G. is no purchaser for valuable consideration within the said Statute of 27 Eliz. because he contracted not for the true and lawful interest and although by the words his true interest passed yet he gave no valuable consideration for it Cook upon Littl. fol. 3. b. 6. One who intended to sell his The Act binds the King Lands had by fraud conveyed the same by
THE Judges Resolutions Upon the Several Statutes Concerning BANKRUPTS WITH The like Resolutions on the Statutes of 13. Eliz. and 27. Eliz. touching fraudulent CONVEYANCES By GEORGE BILLINGHVRST of Grays-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1676. I do allow the Printing of this Book Intituled The Judges Resolutions upon the Statute concerning Bankrupts 28th June 1676. FRA NORTH Gentle Reader THou hast here a methodical digestion of the several Statutes concerning Bankrupts presented to thy view together with such Expositions as have been made of the several parts of them by the Learned Judges of this Kingdom since they came forth And in regard the matter hereof may concern most men I thought it would not be unnecessary to be published For although there be a Reading in Print upon some of those Statures more full of abstruse Notions and Learning than this is yet I have some ground to believe that this will be thought for ordinary capacities and the generality of men much more useful I have also added hereunto the several Statutes of 13 El. and 27 El. touching fraudulent conveyances with the like Exposition of the Learned Judges on them in several cases annexed which may be likewise of use unto thee Farewel T. B. What a Bankrupt is and his Description 34. Hen. 8. Chap. 4. THe Lord Chancellor Treasurer c. shall take order with Bankrupts Bodies Lands and Goods for the payment of their Debts Al. 13 El. 7. 1 Jac. 15. 21 Jac. 19. 13 Eliz. Chap. 7. Who is a Bankrupt how and by whom his Body Lands and Goods shall be ordered for the payment of his Creditors FOrasmuch as notwithstanding the Statute made against Bankrupts in the xxxiiii year of the Reign of our late Sovereign Lord King Henry the eighth those kind of persons have and do still increase into great and excessive numbers and are like more to do if some better provision be not made for the repression of them And for a plain declaration to be made and set forth who is and ought to be taken and deemed for a Bankrupt Therefore be it enacted and established by the Authority of this present Parliament that if any Merchant or other person using or exercising the trade of Merchandize by way of Bargaining Exchange Rechange Bartry Chevisance or otherwise in gross or by retail or seeking his or her trade of living by buying and selling and being Subject born of this Realm or of any the Queens Dominions or Denizen sithence the first day of this present Parliament hath or at any time hereafter shall depart the Realm or begin to keep his or her House or Houses or otherwise to absent him or herself or take Sanctuary or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for Money delivered Wares sold or any other just and lawful cause or good consideration or purposes hath or will suffer him or her self to be outlawd or yield him or her self to prison or depart from his or her dwelling House or Houses to the intent or purpose to defraud or hinder any of his or her Creditors being also a Subject born as is aforesaid of the just Debt or duty of such Creditor or Creditors shall be reputed deemed and taken for a Bankrupt And be it enacted by the Authority aforesaid That the Lord Chancellour of England or Lord Keeper of the great Seal of England for the time being upon every complaint made to him in writing against any such person or persons being Bankrupt as is before defined shall have full power and Authority by Commission under the great Seal of England to name assign and appoint such wise and honest discreet persons as to him shall seem good Who or the most part of them by vertue of this Act and of such Commission shall have full power and authority to take by their discretions such order and direction with the body and bodies of such person wheresoever he or she may be had either in his or her House or Houses Sanctuary or elsewhere as well by imprisonment of his or her body or bodies as also with all his or her Lands Tenements Hereditaments as well Copy or Customary-hold as Free-hold which he or shee shall 〈…〉 ve in his or her own right before he or she became Bankrupt and also with all such Lands Tenements and Hereditaments as such person shall have purchased or obtained for money or other recompence joyntly with his wife children or childe to the only use of such offender or offenders or of or for such use interest right or title as such offender or offenders then shall have in the same which he or she may lawfully depart withal or with any person or persons of trust to any secret use of such offender or offenders and also with his or her money goods chattels wares merchandises and debts wheresoever they may be found or known and cause the said Lands Tenements Fees Annuities Offices Goods Chattels Wares Merchandizes and Debts to be searched viewed rented and appraysed to the best value they may and by Deed indented enrolled in one of the Queens Majesties Courts of Record to make sale of the said Lands Tenements and Hereditaments and of all Deeds Writings and Evidences touching only the same belonging to such offender or offenders debtor or debtors and also of all Fees Annuities Offices Goods and Chattels or otherwise to order the same for true satisfaction and payment of the said Creditors that is to say To every of the said Creditors a portion rate and rate like according to the quantity of his or their debts and that every direction order bargain sale and other things done by the said persons so authorised as is aforesaid in form aforesaid shall be good and effectual in the Law to all intents constructions and purposes against the said offender or offenders debtor or debtors his or their wife or wives heir and heirs childe and children and such person and persons as by such joynt purchase with the said offender or offenders as is aforesaid have or shall have any estate or interest in the premisses and against all other person and persons claiming by from or under such offender or offenders debtor or debtors by any Act or Acts had made or done after any such person shall become Bankrupt as is aforesaid and also against the Lords of the Mannors whereof the said Copyhold or Customary lands been holden their heirs successors and assigns and every of them Provided always and be it enacted by the Authority aforesaid That all and every person or persons to whom any such sale of Copyhold or Customary Lands or Tenements shall be made shall before such time as they or any of them shall enter or take any profit of the same Lands or Tenements agree and compound with the Lords of the Mannors of whom the same shall be holden for such fines or incomes as heretofore have been most usual and accustomed
free-hold which he or she shall have in his or her own right before he or she became Bankrupt c. 13 El. chap. 7. 44. It is made by Mr. Stone a Quere in his Lecture That if there be two joyntly and the one become Bankrupt and dies whether his part shall be sold because the survivor is not in by him But it seems to me that the Bankrupts part shall be sold and that there shall be no survivor in this case First because the Bankrupts moiety is bound by the Statutes by his becoming a Bankrupt Secondly the Bankrupt had power to sell the same in his life time and might depart with it and so within the words of 13 Eliz. cap. 7. the words are such use interest right or title as such offendor or offendors that shall have in the same which he or she may lawfully depart withal vide after Sect. 46. Thirdly by 1 Jac. chap. 15. The Commissioners after the Bankrupts death may proceed in execution in and upon the Commission for and concerning the offendors Lands Tenements c. in such sort as if the offendor had been living which they cannot do in the case before if the survivorship take place 45. It was agreed by the Justices Copy-hold that Copy-holds are within the intent and purliew of all the Statutes concerning Bankrupts and may be sold by the Commissioners some doubt whereof was made because they are named in one clause of 13 El. and not in 1 Jac. chap. 15. or 21 Jac. chap. 19. for the same being in the first Statute and the other Statutes being made in further confirmation and approbation thereof they ought to be expounded liberally and shall be construed accordingly to make as strong provision as they may against the Bankrupt Crook 3. part 550. Crisp against Prat. 46. And all such Lands tenements 2. Lands purchased joyntly with the wife hereditaments as such person viz. the Bankrupt shall have purchased or obtained for money or other recompence joyntly with his wife children or child to the only use of such offendor or offendors or such use interest right or title as such offendor or offendors then shall have in the same which he or she may lawfully depart withal 13 El. cap. 7. 47. A man purchaseth Lands to him and his wife and his son and two years after he becomes a Trader and four years after he becomes a Bankrupt these Lands shall not be sold by the Commissioners of Bankrupt and are out of the meaning of the Statute for else none might know with whom to deal by way of marriage or otherwise when a person who is not a Tradesman settles Lands upon his wife and children bonafide and after becoming a Tradesman and then a Bankrupt the said Acts of Parliament shall overthrow a Conveyance so duly setled Crook 3 part fol. 550. Crisp versus Prat. 48. Lands Tenements c. which 3. Lands in trust any person or persons hath in trust to any secret use of any such offendor or offendors c. 13 Eliz. chap. 7. Lord and Tenant are the Tenant makes a Feoffment to deceive the Lord of the Wardship and then becomes a Bankrupt these Lands shall be sold by the Commissioners for although the conveyance was only fraudulent as against the Lord yet there was a trust between the Feoffor and Feoffee Stones Lecture fol. 185. 49. Manors Lands Tenements 4. c. conveyed or procured or caused to be conveyed by the Bankrupt to any of his children or other person or persons except the same shall be purchased or conveyed for or upon marriage of any of his or her children both the parties married being of the years of consent or some valuable consideration 1 Jac. 15. 50. A Tradesman in consideration of marriage makes a conveyance of Lands to the use of himself and his wife and held to be within the Statute of 1 Jac. vide Stiles reports fol. 288. Tucker vers Cosh 51. Also the said Commissioners 5. Lands conveyed upon condition have power to sell Lands and Tenements conveyed upon condition by 21 Jac. cap. 19. where it is thus If any person that now is or hereafter shall become a Bankrupt have heretofore granted conveyed or assured or shall at any time hereafter grant convey or assure any Lands Tenements Hereditaments goods Chattels or other Estate unto any person or persons upon condition or power of redemption at a day to come by payment of money or otherwise that it shall and may be lawful to and for the said Commissioners or the greater part of them before the time of the performance of such condition to assign and appoint under their hands and seals such person or persons as they shall think fit to make tender or payment of money or other performance according to the nature of such condition as fully as the Bankrupt might have done And that the said Commissioners or the greater part of them shall after such tender payment or performance have full power to sell and dispose of such Lands c. so conveyed upon condition for the benefit of the Creditors as fully as they may sell or dispose of any the estate of the Bankrupt 21 Jac. Chap. 19. 52. Quere whether the Commissioners may not by the equity of this Stat. appoint one to enter for a condition broken As if a trader makes a Feoffment upon condition to be performed on the part of the Feoffee the Feoffee breaks the Condition and before entry the Feoffor becomes a Bankrupt It should seem the Commissioners may take advantage hereof for the Statutes shall be liberally expounded for relief of the Creditors if not yet it seems to be comprehended within the words of 13 El. cap. 7. whereby power is given to the Commissioners to take order and direction with the Bankrupts Lands c. for such use interest right or title as such offendor or offendors shall have in the same which word Title includes as I conceive an entry for a condition broken yet Stone makes a quaere of it in his Lecture fo 12. 53. Lands Tenements c. intailed Lands intailed The Commissioners or the greater number of them shall have power by deed indented and inrolled within six months c. to grant bargain sell and convey any Manors Lands Tenements or Hereditaments whereof the Bankrupt is or shall be in any wise seized in Tail in possession reversion or remainder and whereof no reversion or remainder is or shall be in the Kings Majesty his Heirs or Successors of the gift or provision of his Majesty his Progenitors Heirs or Successors to any person or persons for the relief and benefit of the Creditors of all such Bankrupts And that all and every such grants c. shall be good and available in Law against the Bankrupt his Issue and all claiming by from or under him since the time that he became Bankrupt and also against all other persons whom the Bankrupt by common Recovery or
any Debts Duties Goods Chattels Lands or Tenements by writing trust or otherwise which were or shall be due belonging or appertaining to any such offendor or offendors other than such as he or they can and do prove to be due by right and conscience for money paid wares delivered or other just consideration or cause reasonable to the just value thereof before the said Commissioners so to be appointed or the more part of them as is aforesaid and the same to proceed bona fide without fraud or covin That then every such person or persons so craftily demanding having or detaining any such debt duty or other thing as is aforesaid shall forfeit and lose double as much as he or they shall so claim demand detain or possess 13 Eliz. cap. 7. 85. The said Forfeitures of double Forfeitures how imployed the value in both the cases before mentioned are to be levied and imployed by the Commissioners as followeth viz. The said Commissioners or the more part of them is to levy the same of the Lands Tenements Hereditaments Goods and Chattels of the persons offending by such ways and means and in such manner and form as is before limited and appointed for the principal offendor or offendors debtor or debtors and the same forfeiture or forfeitures to be distributed and imployed to and for the satisfaction and payment of the debts of the said Creditor or Creditors in such manner rate and form as is by Vid. Post the Statute declared concerning the ordering of the Lands and Tenements Offices Fees Goods and Chattels of such offendor or offendors debtor or debtors 13 Eliz cap. 7. 86. Over-plus And if it shall fortune Overplus the Creditors of any such Bankrupt to be satisfied and payed off their debts and duties of or with the proper Lands Tenements Goods Chattels and Debts of the said Bankrupts or of oâ— with the same and some part of the forfeitures of the said double values to be forfeited as aforesaid and that there shall remain an over-plus of the said forfeitures of the double values That then one moyetie thereof shall be by the said Commissioners within convenient time after the levying thereof paid unto the Queens Majesty her Heirs and Successors and the other moyetie shall be by the said Commissioners imployed and distributed to and amongst the Poor within the Hospitals in every City Town or Country where any such Bankrupt shall happen to be 13 Eliz. cap. 7. But the forfeitures by 1 Jac. cap. 15. being for Perjury and suborning of Perjury is by the said Act to be sued for and recovered by the Creditors only or any of them that will sue for the same by action of Debt Bill Plaint or Information in any of the Kings Courts of Record and the sum and sums of money so recoverâ—d the charges of suit being deducted shall be distributed and divided towards the payment of the said Creditors of the said Bankrupt 1 Jac. cap. 15. 87. The allowance to Witnesses Allowance to Witnesses Provided always That such Witnesses as shall be sent for by the Commissioners shall have such Costs and Charges as the Commissioners in their discretion shall think fit The same charges to be rateably born by the Creditors of the said Bankrupt according to the proportion of each of their several Debts 1 Jac. cap. 15. The next thing to be considered is the manner of the ordering and disposal of the Bankrupts Estate by the Commissioners 88. First in General The Commissioners In General may according to their discretion order the estate of the Bankrupt for the Creditors satisfaction 13 Eliz. In Particular cap. 7. Secondly more Particularly First by views and appraisement The Commissioners may cause the Bankrupts Lands Tenements Fees Annuities Offices Goods Chattels Wares Merchandises and Debts to be searched View appraisement viewed rented and appraised to the best value they may 13 Eliz. cap. 7. 89. Secondly by Sale 1. To whom Sale may they sell The Statute of 13 Eliz. cap. 7. is that the Commissioners may sell without mentioning to whom and by 21 Jac. 19. which giveth power to the Commissioners to sell entailed lands it is to any person or persons which surely is intended to persons capable and not to aliens although they be Creditors 90. Thirdly Of what Of all of what Lands Tenements Hereditaments and Deeds Evidences and Writings touching the same and of all Fees Offices Goods and Chattels of â—he offendor as is before set down 91. Fourthly in what Manner How as to the Lands Tenements Goods and Chattels in general of the Bankrupts the sale is to be by Deed Indented and enrolled in any of his Majesties Courts of Record or otherwise to be ordered by the Commissioners for satisfaction of the Creditors 13 Eliz. cap. 7. And therefore although the sale be not by Deed inrolled accoâ—ding to the words of the Act yet it is good enough Cooke lib. 2. 25. 26. case of Bankrupts A Rent Seck whereof there is no seisin shall be sold and the sale is good without Attornement Stones Lecturâ— 174. quere 92. As to lands intail'd of the Bankrupt Intail'd Landâ— the Commissioners or the greater number of them are impowred by 21 Jaâ— cap. 19. by Deed Indented and Inolled within six months after the making thereof in some of his Majesties Courts of Record at Westminster to grant bar gain sell and convey any Manors Lands Tenements or Hereditaments whereof any Bankrupt is or shall be any ways seized of any estate in Tail in Possession Reversion or Remainder and whereof no Reversion or Remainder is or shall be in the Kings Majestie his Heirs or Successors of the gift or provision of his Majesty his progenitors his Heirs or Successors to any person or persons for the relief and benefit of the Creditors 21 Jac. cap. 19. vide before Sect. 53. 93. As to Copy-hold or customary Copy-hold Lands they are to be sold by Deed Indented and Inrolled in any of his Majesties Courts of Record c. as other the Lands and Estate of the Bankrupt are appointed to be by 13 Eliz. cap. 7. But by the same Statute it is provided That all and every person or persons to whom any such sale of Copy-hold or customary Lands or Tenements shall be made shall before such time as they or any of them shall enter or take any profits of the same Lands or Tenements agree c compound with the Lords of the Mannors of whom the same shall be holden for such Fines or Incomes as heretofore have been most usually and accustomed to be yielded or paid therefore And upon every such agreement or composition the said Lords for the time being at the next Court to be holden at or for the said mannors shall not only grant unto the said Vendee or Vendees upon request the same Copy or Customary Lands or Tenements by Copy of Court-Roll of the said Manors for such estate or Interest as
to them shall be sold and reserving the antient Rents Customes and Services but also in the same Court admit them Tenants of the same Copy or Customary Lands as other Copy-holders of the same Mannors have been wont to be admitted and to receive their fealty accordingly 13 Eliz. cap. 7. 94. A Copy-holder surrenders before admittance cestuy que use becomes a Bankrupt The Commissioners sell the Copy-hold whether shall the Lord have 2 Fines viz. one upon the admittance of which should have been made to cestuy que use if he had not become a Bankrupt and another upon the admittance of the person that comes in by sale of the Commissioners of Bankrupts and this is a quere in Mr. Stones Lecture fol. 137. and it is there compared to a surrender made by the Heir before admittance which is held to be good but not to prejudice the Lord of his Fine due upon the Descent Cooke lib. 4. 226. 95. If the Vendee of a Copy-hold tender to the Lord a competent Fine and the Lord refuse it The Vendee may enter Stones Lecture 176. The Commissioners may sell Copy-hold intail'd which by custome may be intail'd and cut off otherwise if there be no such custome Stones Lecture 176. I conceive if there be no such custome then it is in nature of a Fee-simple conditional at the Common Law and then if the condition be performed viz. if the Copy-holder hath issue c. the Commissioners may fell it as I suppose 96. As to a Condition Lands Goods c. of the Bankrupt made over by him upon condition or power of Redemption the Commissioners before the time of the performance of the condition may appoint under their hands and seals such as they shall think fit to perform the condition and after such performance shall dispose of such lands or goods for the Creditors advantage as fully as of any other of the Bankrupts Estate 21 Jac Cap. 19. vid. devant Sect. 51. 97. As to lands c. extended by a pretended Debtor or accomptant to the King after that the party shall become a Bankrupt 21 Jac. cap. 19. vid. Sect. 56. where it is set forth at large 98. As to debts owing to the Bankrupt vid. before Sect. 68. Suppose a Bankrupt be indebted to one 20 l. and to another 10 l. and hath a debt of 20 l. due to him by Bond whether may the Commissioners assign the Bond to the two Creditors joyntly and it was held by the Court that it was to be divided and assigned according to the words of the Act viz. to every Creditor a portion part and part-like Then another question was offered whether the Assignees might joyn in suit and by Warberton one of the Justices part being assigned to one and part to another the Act of Parliament doth so operate upon it that they shall sue severally for he said by the custome of London part of a debt might be attached Godbolts Reports 195. p. 282. 99. Thirdly Note the distribution Distribution of the Bankrupts Estate made by the Commissioners of the Bankrupts Estate wherein observe first to what Creditors in general It is enacted by 21 Jac. cap. 19. That the said Act and all other Acts of Parliament formerly made against Bankrupts should extend to strangers born as well Aliens as Denizens as effectually as to the natural born Subiects both to make them subject to the Law as Bankrupts as also to make them capable of the benefit of contribution as Creditors by those Laws So that satisfaction is to be made to all as well Aliens as Denizens c. 100. Also It is enacted by 21 Jac. cap. 19. That for the better distribution of the Lands c. Goods Chattels c. of the Bankrupt to and amongst his Creditors The Commissioners or the greatest part of them shall and may examine upon Oath or by any other waies or means as to them shall seem meet any person or persons for the finding out and discovery of the truth and certainty of the several debts due and owing to all such Creditor or Creditors as shall seek relief by such course of Commission to be sued forth c. 21. Jac. 19. 101. A. and B. are sureties for I S. for the payment of Money and had Counter-Bonds from I S. to save them harmless the money was not payed at the day the sureties pay it I S. after becomes a Bankrupt Resolved that A. and B. were Creditors within the Statutes of Bankrupts Crooke part 2. 127. Osborne and Churchman's case Mr. Stone in his Lecture fol. 18. makes a Querie whether one becoming a Creditor to the Bankrupt after that he had notice that he was a Bankrupt might be a Creditor relievable within the Statutes To which it may be answered in the negative for if the Law disables him to dispose of his Estate after he becomes a Bankrupt directly Then he cannot dispose of it by a mean viz. by becoming a Debtor and so to make his Lands and Goods liable to his Debt if in the case before such a Creditor were relieveable and Stone seems to be of the same opinion when he saith A Bankrupt is committed to Prison because he will not answer Interrogatories the Gao ler gives him credit for victuals he shall not be relieved although he come in before distribution fol. 183 102. A Merchant is imprisoned and after becomes a Debtor to A. and then the six months passe A. is a Creditor relievable for he is not a Bankrupt by relation Stones Lecture 182. The Statute of 21 Jac. cap. 19. makes one a Bankrupt by relation from the time of his Arrest only in two cases viz either when he makes an Escape or comes out upon common Bail which enumeration I suppose excludes relation in other cases in a penal act of Parliament 103. A Bankrupt is convicted for inmates and the Statute gives an action of Debt in such case to the Lord of the Leet c. he is no Creditor within the Statute of Bankrupts Stones Lecture fol. 21. for I conceive this is not properly a Debt but only a means given to recover a Forfeiture and by Stone a Mortgages of Lands may chuse whether he will come in as a Creditor fol. 181. There is before a special provision for satisfying of a condition by payment of the money c. by which it is intended that the Mortgagee was never to be accompted as a Creditor 104. It was decreed in Star-Chamber that a Merchant for a wrong done by him to I. S. should pay him â—ol and the Merchant becomes a Bankrupt IS is no Creditor Stones Lecture 184. for this is no Debt due for moneys borrowed or upon any original contract but only a payment laid on by the Court and an action of Debt as it is conceived lies not for it but only the party is to be punished by the Court if he perform not the decree 105. Secondly more particularly any Creditor coming in within four
Conveyances By Way of APPENDIX By The Same Author The Resolutions of the Judges c. 1. THe Statute of 13 El. cap. 5. is Fraudulent Conveyances 13 El. Chap. 5. made perpetual by 25 El. cap. 5. The words are For the avoiding and abolishing of feigned Conveyances covenous and fraudulent Feoffments Gifts Grants and Alienations Conveyances Bonds Suits Judgments and Executions as well of Lands and Tenements as of Goods and Chattels which have been and are contrived or devised of malice fraud coven collusion or guile to the end to delay hinder or defraud Creditors and others of their just and lawful Actions Suits Debts Accompts Demages Penalties Forfeitures Herriots Mortuaries and Reliefs not only to the let or hindrance of the due course and execution of Law and Justice but also to the overthrow of all true and plain dealing between man and man c. 2. Be it therefore declared ordained and enacted that all and every Feoffment Gift Grant Alienation Bargain and Conveyance of Lands Tenements Hereditaments Goods and Chattels or any of them or any Lease Rent Commons or other profit or charge out of the same or any of them by writing or otherwise and all and every Bond Suit Judgment and Execution at any time had or made since the beginning of the said Queens Reign or at any time hereafter to be had or made to or for any intent or purpose before declared and expressed shall be from henceforth deemed and taken only against the persons their Heirs Successors Executors Administrators and Assigns whose Actions Suits Accompts Damages c. by such Practises may or shall be in any ways disturbed to be clearly and utterly void Any pretence colour feigned consideration expression or use other matter or thing to the contrary notwithstanding 3. And be it further enacted That all and every the parties to such feigned covenous or fraudulent Feoffment Gift Grant Alienation Bargain Conveyance Bonds Suits c. and other things before expressed and being privy and knowing of the same or any of them which at any time after the 10th day of June next coming shall wittingly and willingly put in ure avow maintain justifie or defend the same or any of them as true simple and done or made bona fide and upon good consideration or shall alien or assign any of the Lands Tenements Goods Leases or other things before mentioned to him or them conveyed as aforesaid or any part thereof shall incur the penalty and forfeiture of one years value of the said Lands Tenements Hereditaments Leases Rents Commons or other profits out of the same and the whole value of the said Goods and Chattels and so much money as shall be contained in any such covenous and feigned Bond The one moiety thereof to the Queens Majesty the other to the party grieved by such feigned and fraudulent Gift Grant c. to be recovered in any of the Queens Courts of Record by Debt Bill Plaint or Information wherein no essoin protection or wager of Law shall be admitted for the Defendant or Defendants And he also being lawfully convicted shall suffer imprisonment for half a year without Bail or main prise 4. Provisoes First that the Statute What the Statute extends not to shall not extend to common Recoveries c. Secondly nor to any person or persons that shall use any voucher in Formedon Thirdly Nor to any Conveyances made upon good consideration and bonafide to any person or persons corporation c. without covin c. 5. Between Pauncefoot and Blunt Gift made by a Papist in the Chequer Chamber the case was Pauncefoot being a Papist was indicted for his Recusancie and he made a gift of all his Leases and Goods upon colourable consideration and fled beyond Sea and was after outlawed upon the said Indictment and some thought that by the Common Law the said gift was void in regard it was in prejudice of the Queen but all agreed that the said Statute of 13 Eliz. extends to it for it extends not only to Creditors but to all such as have any cause of action or suit or any penalty or forfeiture And it was also resolved that this word Forfeiture shall be intended not only of a forfeiture upon an Obligation Recognizance c. but to every thing lawfully forfeited to the King or a Subject and therefore Feloâ— if a man to prevent a forfeiture by felony or outlawry makes a gift of all his Goods and after is attained or outlawed these Goods are forfeited notwithstanding the Gift Cook lib. 3. 82. Per Heir of Debtor 6. It was held that the Statute of 13 Eliz. cap. 5. extends to a fraudulent conveyance made by the Heir of the Debtor of lands descended to him from his deceased Ancestor as well as by the Debtor himself for in such case the Heir is Debtor and the Writ against him is in the debet and detinet whereas against an Executor it is in the detinet only Croke part 1. 350. p. 1. 7. It was found by a special Verdict Gift upon Condition That a Testator was seized of divers Goods to the value of 250l and by covin to defraud his Creditors he made a gift of the said Goods to his Daughters with a condition that upon payment of 20 s. it should be void and dyed this was held to be a fraudulent gift by 13 Eliz. cap. 5. and that notwithstanding it the Goods continued Assets Croke part 1. 810. p. 16. Bethel and dw Stanbope 8. An Executrix makes a fraudulent Gift by Executrix who continues possession gift of the goods of the Testator and inter-marrieth and her husband taketh upon him payment of Debts c. The Goods being still in their possession were held to be still Assets Croke part 1. 406. p. 16. Wilcotts vers Watson 9. A man maketh a Lease for 80 Consideration years of Lands without any consideration and he after setleth a Joynture upon his Wife of the same Lands she could not avoid that Lease because the Conveyance to her was likewise voluntary and without any valuable consideration Croke part 1. 445. p. 8. Vpton and Bassett 10. Pierce was in debt to Twine Gift pending a writ 400 l. and to C. 200 l. C. brought Debt against Pieâ—ce and pending the Writ Pierce being possess'd of goods to the value of 300 l. in secret makes a general gift of all his Goods and Chattels real and personal whatsoever to Twine in satisfaction of his debt and yet notwithstanding Pierce continueth in possession and some of them he sold and he marked the sheep with his own mark And after C. had a Judgment against Pierce and a Fieri Facias to the Sheriff who coming to make execution by force of the Writ divers persons by Twines Command resisted the Sheriff claiming the goods as Twines by force of the said gift and this was resolved to be a fraudulent gift and that in the said case there were Marks of Fraud these several marks of fraud First the gift
is general without any exception so much as of wearing apparel Secondly the Donor continueth in possession Thirdly it was secret Fourthly it was made pending the writ Fifthly here was a Trust between the parties for the donor still useth the goods as his own Sixthly the words of the Deed are that it was made honestly truly and bonafide clausulae inconsuetae inducunt suspicionem Cooke lib. 3. 81. Twines case 11. Secondly it was resolved in Consideration bona fide the same case that although here were a Debt due to Twine and a good consideration of a gift yet it was not aided by the same Proviso in 13 Eliz. which was that the said Act should not extend to any Estate or Estates made upon good consideration and bona fide for this is not bona fide because it is upon a Trust and no gift shall be construed to be bona fide within the said Statute that is made upon a Trust Cooke lib. 3. 81. Twines case 12. And it is my Lord Cookes advice Advice touching Gifts in the said case that when any gift is to be made in satisfaction of a debt First that it be publickly done before Neighbours Secondly that the goods c. given be appraised by honest men Thirdly that the Donee presently after the gift take possession for the continuance of possession in the Donor is a mark of Trust Cooke lib. 3. 81. Twines case 13. One held divers lands of divers Lords by Herriot custom and to defraud one of the Lords of his Herriot he made a fraudulent gift of all his beasts Herriottable viz. of 20 Horses The Lord who was hereby grieved bringeth Debt upon 13 Eliz. tam pro Domina Regina quam pro seipso demanding the value of the 20 Horses and by Dyer and Harper it was well said by intendment of the Statute for it may be he shall never come to seize his Herriot and if he shall recover but the value the Queen shall have the one Moiety But Manwood held contra for the other Lords are as recompensable for their Herriots as the Plaintiff and Harper held that all the Lords might joyn in an action but quere saith Dier 35 1. p. 23. 14. Upon communication of marriage Proviso to determine c. between Sir R. G. and the Lady S. the said Sir R. G. promised before the affiance to assure unto her 1000 l. per an for her Joynture his estate being then 12000 l. per an and thereupon she married him without any assurance or covenant in that behalf After he conveyed by Deed lands of great value to some friends of the Ladies then his Wife to the use of the said Lady for term of 100 years if she so long lived to commence after his death and it was indorsed on the back of the Deed that the intent was that when there should be a Joynture of 1000 l. per an setled on her according to the first agreement the Lease should be void and it was held that this was no fraudulent Lease notwithstanding the Proviso to determine it at the Husbands will for the Court took diversity between the case above and when a Lease is made with a Proviso That if the Lessor pay 10 s. c. the Lease to be void because in the later case the smallness of the sum payable makes it apparent to be only a power of revocation and such a Lease a purchaser shall avoid And the Court held that the Lease aforesaid being made in pursuance of the first promise although no mention of a Lease was therein made yet it was grounded upon a good consideration and not fraudulent And although it was objected that the Lady had concealed the Lease during her Husbands life and therefore it should be fraudulent c. yet it was answered thereunto by the Chief Justice That actions ought to have their resort to the first original and the Lease being good at the first the concealment cannot make it ill Croke part 2. 455. p. 13. Dame Griffin vers Stanhope 15. Scire Facias upon a Judgment Evidence in Debt against T. H. who died against the Terre Tenants they pleaded a Feoffment made by T. H. long before the Judgment absq hoc that he was seized at the time of the Judgment or after and issue being thereupon taken the Jury found the Feoffment that it was made by covin to defraud the Plaintiff and other Creditors and judged for the Plaintiff for T. H. remained still seized as to the Creditors notwithstanding the Feoffment But if issue had been directly taken enfeoffed or not enfeoffed it had been found against the Plaintiff for in such case he must avoid the Feoffment by covin specially pleaded but here the Issue being seized or not seized by the Feoffment the covin may be given in evidence Hobert fol. 72. Humberton vers Howgill 16. Debt brought by Hawes vers Fraudulent gifts of Goods Leader as Administrator of Tho. Cookson the Case was that Tho. Cookson for 20 l. did grant unto the Plaintiff all his Goods mentioned in a Schedule annexed to the Deed and gave possession by a Pewter-dish with a covenant safely to keep them and to deliver them unto the Plaintiff upon demand and bound himself in 40 l. to perform the Covenant Tho. Cookson dies and the Plaintiff demands of the Defendant being the Administrator of Cookson the goods who refused to deliver them and hereupon the Plaintiff brought his action the Defendant pleaded the Statute of 13 Eliz. cap. 5. and that Cookson was indebted to divers in sums amounting to 100 l. naming in particular the persons and the sums and being so indebted makes the said gift being then of those and other goods possess'd to the value of 80 l. and no more and that the Deed was made by fraud between them to deceive his Creditors and the Plaintiff demurred First because the Defendant avers not that the Debts were unpaid Secondly because he doth not shew that the debts were due by Specialty for an Administrator is not liable to other debts Thirdly the Defendant supposeth that the delivery of the goods would be a devastavit in him which cannot be for the goods in the Plaintiffs hands are lyable to Creditors as Executor de son tort demesne if the Deed be fraudulent Fourthly It may be the Creditors will never sue and then the Defendant might detain the goods for ever which is inconvenient Fifthly the Defendant is not a person enabled by 13 Eliz. to plead that Plea for the Statute makes the Deed void only against Creditors but not against the party himself his Executors or Administrators judged for the Plaintiff Croke part 2. 270. p. 3. Hawes vers Leasder 17. This fraud need not be pleaded Fraud need not be pleaded but given in evidence In debt brought against the heir upon an obligation made by his father the defendant pleaded nothing by descent and it was found that before the suit begun the defendant had made a
Deed inrolled to the Queen In this case the purchaser shall enjoy the Land against the Queen by the Statute of 27 Eliz. for that Act being general and made in suppression of fraud shall bind the Queen Cook lib. 11. 74. a. Magdalen Colledg Case 7. A man conveyed his Lands to Future power of Revocation the use of himself for life and after to the use of divers others of his blood with a future power of Revocation viz. after such a Feast or after the death of such an one c. and before the power of Revocation commenceth he for valuable consideration doth bargain and sell the same lands to another and his heirs this bargain and sale is within the remedy of 27. Eliz. cap. 4. for although the Statute saith the first conveyance not by him revoked which seems by the literal sence to be intended of a present power of Revocation for no revocation can be made by force of a future power before it comes in esse yet it was held that the intent of the Act was that such voluntary Conveyance that was originally subject to a power of Revocation be it in present or in future shall not stand against a purchaser who cometh in upon good and valuable consideration and bona fide Cook lib. 3. 82. Twines Case 8. Resolved That if a man hath Power of Revocation extinguished power of Revocation and after to the intent to defraud a purchaser he levy a Fine or make a Feoffment or other conveyance to a stranger whereby he extinguisheth this power and after he bargain and sell the lands to another for valuable consideration the Bargainee shall enjoy the Land for as to him the Fine Feoffment or other conveyance by which the condition was extinct was void by the said Act of 27 Eliz. And it was said that the said Act made voluntary Conveyances with power of Revocation in an equal degree as to purchasers with conveyances made to defraud purchasers Cook lib. 3. 82. b. Twines Case 9. If a man make a Lease for Consideration years by covin and fraud and after make another Lease bona fide without Fine paid or rent reserved the second Lease shall not a void the first for first it was agreed that by the Common Law an Estate made by fraud shall be only void against him that had a former right and not against him that had a puisne right or interest Secondly no purchaser shall avoid a precedent conveyance made by fraud or covin but he that is a purchaser for money or other valuable consideration and the words good consideration in the Act ought to be understood of valuable consideration only and not a consideration of nature or blood c. Cook lib. 3. 83. Twines Case 10 A man of little capacity and not able to govern the Lands descended to him and being disposed to riot and disorder by mediation of friends openly conveyed his lands to them upon trust and confidence that he should take the profits for his maintenance and that he should not have power to waste and consume them and after being seduced by persons he sold his Lands to them for a small sum of money And this bargain and sale although it was for money was held to be out of 27 Eliz. which Act was made against fraud and deceit and shall not aid any purchaser that cometh not to the Land for good consideration lawfully and without fraudor deceit but such a conveyance made upon trust were void as to him that purchaseth it for valuable consideration and bona fide Cook lib. 3. 83. b. Twines Case 11. If a man seized of Lands in Notice of the fraud Fee make a fraudulent Conveyance to the end to deceive and defraud a purchaser against the Statute of 27 Eliz. and continueth in possession and is reputed as owner and B. enter into communication with A. for the purchase of it and by accident B. hath notice of this fraudulent conveyance and yet notwithstanding he concludes with A. and taketh an assurance from him yet B. shall avoid this fraudulent conveyance by the said Act of 27 Eliz. notwithstanding his notice for the Act by express words makes the fraudulent conveyance void as to a Purchaser for the notice of a Purchaser cannot make that good which by Act of Parliament is void as to it Cook lib. 5. 60. 12. One after Marriage voluntarily Voluntary Conveyance assigns a Lease for years as it were in joynture for his wife and took the profits and after sold it to one who had no notice of this conveyance this was held to be within 27 Eliz. although at the first it was not made upon trust to be revoked c. because it was a voluntary conveyance at the first and shall be intended fraudulent at the beginning But if at the time of the Marriage or after by reason of a portion given by his wives friends in recompence thereof and for a Provision for maintenance of his wife he had made an assignment of such a Lease to his wives friends and had after taken the profits thereof as in reason he ought during his life and had then sold that Term yet it had not been within the said Statute Crook part 2. 158. Colvil vers Parker 13. A man Covenants for natural love c. to stand seized to the use of himself for life the remainder to his Son in Tail with a power of Revocation and a Proviso to make Leases for 21 years and after makes a Lease for 21 years for 30 lib. Fine paid Resolved That notwithstanding this voluntary and revokeable conveyance yet the Lease for years was absolutely good by 27 Eliz. and as to the Lessee the conveyance shall be construed as if it had been revoked and that the Lessor was then Tenant in Fee and it was also resolved That in case of a Lease for years made as before there had been a Rent only reserved it had been a good consideration and within the Statute and the making of such Lease was a revocation of the first Estate according to the Lease Crook part 2. 181. p. 19. Also it was resolved that the said Lease for years respect being had only to the Proviso and power thereby given was void for it being only a covenant and the consideration not extending to the Lease for years no use is raised to him thereby ibidem 14. Grandfather Father and Son the Grandfather upon the Fathers marriage makes the Wife of the Father a Joynture and at the same time covenants to demise other Tenements to the Father for 1000 years and after maketh such demise accordingly to commence after his death in which was a Proviso to make the same void upon the Fathers dying without issue or making a Lease not reserving the ancient Rent the Father after assigns the said Lease to the use of his Son an infant to the intent that it should not drown by the descent of the reversion and with the colourable purpose and intent that the infant should pay debts c. The Grandfather dies the Father enters into the Lands and taketh the Profits and makes Leases and doth other Acts as Owner and neither the Assignees nor Infant took any Profits or paid any Debts and the Assignment was made to divers persons of good reputation but the assignment it self was delivered into the hands of a person of mean quality The Father after bargains and sells the said Lands for a great sum of money by Deed inrolled By all which marks the said Lease and Assignment were taken to be fraudulent Cook lib. 6. 72. a. Burrells case 15. Resolved in the said Case That whereas the words of the said Act of 27 Eliz. are That all and every Conveyance Grant c. for the intent to defraud or deceive such persons as have purchased or shall purchase the same Lands c. shall be deemed only against such Purchaser void yet if the Father make a Lease by fraud and covin of his Lands to defraud others to whom he shall demise or sell it as all fraudulent demises shall be intended and before the Father sells or demiseth it he dieth and the Son knowing or not knowing the said Lease sell the Lands upon good consideration In this case the Vendee shall avoid the said Lease by the said Act of 27 Eliz. for the words of the Act are general and it is not needful that he who sold the Land should make the former Estate or incumbrance But if the Estate be fraudulent whosoever is the seller the Purchaser shall avoid such fraudulent Estate Also it was resolved That although the Father had nothing of Inheritance in the Land at the time of the assignment of the Lease but the inheritance was in the Grandfather yet when the Grandfather dieth and the Father sells the Land his Vendee shall avoid the said Term for if he had bargained and â—old the Term only the bargain should have avoided the fraudulent assignment and by consequence the Vendee of the whole Fee-simple shall avoid it Coâ—k lib. 6. 72. a. b. Burrells case 16. In Trespass The Plaintiff and Dâ—sendant claim by several Leases from the same man The Plaintiff in his Declaraâ—io◠〈…〉 the defendants Lease to be made by fraud but sheweth not any consideration payed by himself whereupon the Defendant Demurs Yelverton at Common Law there was not any fraud remedied to defeat an after purchase but that only which was committed to defeat a former interest which was granted and 27 El. doth not aid it for here is no consideration payed for the second Lease no more than for the first Lukener contra A thing obtained by a mans own act makes a man a purchaser within the said Statute and the fraud is confessed by the Demurrer Anderson the confession of the fraud is not material in regard the Plaintiff is not such a person as ought to have benefit thereby and within the remedy and provision of the Act and by that Act a fraudulent conveyance is not made void against all but only against such as come in upon valuable consideration Wamsey according and he said that a fraudulent gift of goods remains good against the donor but not against his Creditor by 13 Eliz. Crook part 1. 445. p. 8. Vpton vers Basset FINIS