Florida Reports Volume 4

Florida Reports Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 edition. Excerpt: ...518. In the Supreme Court of the United States the rule laid down in Edwards v. Harben has been approved and adopted, and it is declared that an absolute bill of sale is itself a fraud in law, unless possession accompanies and follows the deed. See Hamilton v. Russell, 1 Cranch, 305. " Modern " decisions," says Chief Justice Marshall in that case, " have " taken this question up upon principle, and have deter" mined that an unconditional sale, where the possession" does not accompany and follow the deed is, with respect to " creditors, on the sound construction of the statute of Eliz" abeth, a fraud, and should be so determined by the Court." " We think that the intent of the statute is best promoted " by that construction, and that fraudulent conveyances" which are made to secure to a debtor a beneficial interest " while his property is protected from creditors, will be most " effectually prevented by declaring that an absolute bill of " sale is itself a fraud, unless possession accompanies and " follows the deed." All the Federal Courts have followed the construction. here laid down by the Chief Justice. In Virginia the same principle has been directly and repeatedly adjudged to be well settled. Alexander v. Deneale, 2 Munford, 341. Robertson v. Ewell, 3 Munford, 1. Land v. J effries, 5 Randolph, 211. In this latter case the real purpose and extent of the explanations allowed to be made to the jury to rebut the presumptive evidence arising from possession after an absolute sale, and the proper understanding of which will reconcile many apparently contradictory authorities on this point, are well defined. It was held " that...
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Product details

  • Paperback | 152 pages
  • 189 x 246 x 8mm | 286g
  • United States
  • English
  • black & white illustrations
  • 1236942965
  • 9781236942968