The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 124

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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. 1911 edition. Excerpt: ... not, if the case were free from the consideration of the 6th section, it would have come within that class of cases in which it has been held that a person, though not insolvent, had nevertheless executed a deed that was, within the R.R.----'0L. cxxzv. 27 meaning of the statute of Elizabeth, calculated to defraud or to delay his creditors. I do not go into that. It is quite clear that Joshua Coupe had more than enough property left to pay his creditors, though it was property diflicult to get at. I should, therefore, very much doubt whether this case could be brought within the purview of the 2nd section. But it is not necessary to consider that, because the 6th section has this proviso upon what had gone before--that it should not extend to "any estate or interest which shall be, upon good consideration and bond fide, lawfully conveyed or assured to any person or persons not having, at the time of 'such 'conveyance or assur-_. ance to them made, any manner of notice of fraud." Now, I think the evidence in this case shows to demonstration that this was a conveyance made upon good consideration and bond fide, and without notice to the parties of anything being done that would come within the statute of Elizabeth. It was suggested that at the time of the execution of the mortgage and 'the settlement the mother knew that her son was indebted to the present appellant to the amount of 300$. I can find no evidence of the sort. There is conflicting evidence upon the question whether there was or was not a loose statement to Mr. Webster and to Mr. Welsh, which might, perhaps, be considered as a statement made to his mother that he was, according to the expression that is commonly used, over head and ears in...show more

Product details

  • Paperback | 374 pages
  • 189 x 246 x 20mm | 667g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123686610X
  • 9781236866103