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Fraud and Covin

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1795
Date01 January 1795
CourtCourt of the King's Bench

English Reports Citation: 91 E.R. 759

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Fraud and Covin

2. sparks versus wood. 6 Mod. Cases 146. In what Court oath ought to be made. 1 Ven. 180, 333. Lutw. 1026, 1567, 1571. 2 Mod. 273. 1 Mod. 81. Post, 287. In an action of debt in London, the defendant moved for a prohibition, suggesting, that he tendered a plea in the Inferior Court, that the cause of action did not arise within the jurisdiction of that Court, and offered to make oath of it, and now would have made affidavit of the truth of the fact, and of hia plea in B. R. Sedper Curiam: Oath ought to be made of the truth of the plea in that very Court whose jurisdiction is denied ; and, it appearing that he tendered such oath after the Court was up, thia prohibition was denied, for it ought to be done sedente Curia, and in propria persona. [174] fraud and covin. 1. By the statute 13 Eliz. cap. 3, all fraudulent conveyances as to creditors are made void ; and by the statute 27 Eliz. cap. 4, they are made void as to purchasers. 2. Now, upon the first of these statutes, if a man gives hia goods to his son, yet they are still liable as to hia creditors; but if he gives them to one of his creditors lonafide, without any trust or covin, they shall not be liable to other creditors. 3. So if a man is indicted and gives away his goods to prevent a forfeiture, the King shall have them upon an attainder or conviction; otherwise if he sell them to one for a valuable consideration, who had no notice of the indictment. 760 GAMING 3 SALKELD, 175. 4. If tenant for life commit a forfeiture, so that by the entry of him in the reversion his creditors may be defeated, this is a fraudulent conveyance as to them. 5. Upon the Statute 27...

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