The Law of Fraudulent and Voluntary Conveyances; Being a Treatise on the Statutes of Elizabeth Against Fraudulent Alienations, and on the Law of Voluntary Dispositions of Property

The Law of Fraudulent and Voluntary Conveyances; Being a Treatise on the Statutes of Elizabeth Against Fraudulent Alienations, and on the Law of Voluntary Dispositions of Property

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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. 1908 edition. Excerpt: ...there was a valuable consideration, which supported the deed against the husband's creditors. And so it was determined, the Master of the Rolls thus expressing himself: " I am now bound to decide the question whether-the husband having behaved so ill as to entitle the wife to obtain a divorce in the spiritual court it memd et thoro, and to have a proper allowance from him-if the wife, instead of strictly prosecuting that right, meet the husband on the threshold, and say she will accept the maintenance proposed by him without litigation, whether this can be said to be such a voluntary act as to be fraudulent against creditors. Surely this settlement can never be said to be without considera'tion. A husband and wife may certainly, in particular situations, treat together effectually, if they treat on fair and reasonable terms. When the wife, in this case, agrees to accept this settlement, instead of resorting to the enforcing of her rights in the Ecclesiastical Court, surely she is giving up something for it (rl). I am, therefore, very clearly of opinion that this is not one of those agreements which the Statute of Elizabeth meant to prevent." In the case of Wilson v. Wilson (c), in the House of Lords, it Contract not was held that the stopping by the wife of a suit which she had of instituted against her husband, for nullity of marriage, was acents_111'"s'11 sufficient consideration to him for articles of separation; which ugh" were accordingly decreed to be carried into effect; although there was no covenant to indemnify the husband against the wife's debts, and although it did not appear that the wife could have (c) 1 Cox, 445. (d) See Nixon v. Hamilton 2 D. Wal. 364, 388; Nunn v. Wilamore, 8 T. R. 521show more

Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236989929
  • 9781236989925