A Treatise on the Construction of the Statutes: 13 Eliz. C. 5, and 27 Eliz. C. 4, Relating to Voluntary and Fraudulent Conveyances, and on the Nature and Force of Different Considerations of Support Deeds and Other Legal Instruments,in the Courts of Law and Equity

Front Cover
J. Butterworth, 1800 - 668 pages
 

Other editions - View all

Common terms and phrases

Popular passages

Page 592 - ... and corporate, for money or other good consideration paid or given, (the said first conveyance, assurance, gift, grant, demise, charge or limitation, not by him or them revoked, made void or altered, according to the power and authority reserved or expressed unto him or them in and by the said secret conveyance, assurance, gift or grant...
Page 4 - ... to be recovered in any of the Queen's courts of record, by action of debt...
Page 592 - ... estates of, in or out of the said lands, tenements or hereditaments, or of, in or out of any part or parcel of them, contained or mentioned in any writing, deed or indenture of...
Page 2 - Collusion or Guile, to the End, Purpose and Intent, to delay, hinder or defraud Creditors and others of their just and lawful Actions, Suits, Debts, Accounts, Damages, Penalties, Forfeitures, Heriots, Mortuaries and Reliefs, not only to the Let or...
Page 2 - That all and every feoffment, gift, grant, alienation, bargain and conveyance of lands, tenements, hereditaments, goods and chattels, or of any of them, or of any lease, rent, common or other profit or charge out of the same lands, tenements, hereditaments, goods and chattels, or any of them, by writing or otherwise...
Page 7 - ... the beginning of the queen's majesty's reign that now is, or at any time hereafter to be had or made...
Page 593 - Persons which have, shall, or may lawfully claim any Thing, by, from, or under them, or any of them, shall be deemed, taken, and adjudged to be void, frustrate, and of none Effect, by Virtue and Force of this present Act.
Page 122 - ... distinction in this court being, where a subsequent purchaser for valuable consideration would recover the estate, and set aside or get the better of a precedent voluntary conveyance, if that conveyance was fairly made without actual fraud, the court will say, take your remedy at law ; but wherever the conveyance is attended with actual fraud, though they might go to law by ejectment, and recover the possession, they may come into this court to set aside that conveyance ; which is a distinction...
Page 524 - Fraud may be presumed from the circumstances and condition of the parties contracting; and this goes further than the rule of law, which is, that fraud must be proved, not presumed...
Page 7 - ... so purchase for money or other good consideration the same lands, tenements or hereditaments, or any part or parcel thereof, or any rent, profit or commodity in or out of the same, to be utterly void, frustrate and of none effect, any pretence, colour, fained consideration or expressing of any use or uses to the contrary notwithstanding.

Bibliographic information