Wood v Dixie, Baronet
| Jurisdiction | England & Wales |
| Judgment Date | 28 June 1845 |
| Date | 28 June 1845 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 724
QUEEN'S BENCH
S. C. 9 Jur. 798. Approved, Devill v. Terry, 1861, 6 H. & N. 811. Commented on, Lynch v. Copinger, 1866, 14 W. R. 863. Explained and distinguished, In re Moroney, 1887, 21 L. R. Ir. 27.
[892] wood against dixie, baronet. Saturday, June 28th, 1845. A sale of property for good consideration is not, either at common law or under stat. 13 Eliz. c. 5, fraudulent and void, merely because it is made with the intention to defeat the expected execution of a judgment creditor. [S. C. 9 Jur. 798. Approved, Devill v. Terry, 1861, 6 H. & N. 811. Commented on, Lynch ?. Copinger, 1866, 14 W. R. 863. Explained and distinguished, In re Moroney, 1887, 21 L. R. Ir. 27.] Trespass for breaking and entering plaintiff's dwelling house, staying there, &c., and seizing and taking divers of bis goods and chattels, and converting, &c. Pleas. 1. Not guilty. Issue thereon. 2. Traverse of the dwelling house being plaintiff's. Issue thereon. 3. The same as to the goods and chattels. Issue thereon. 4. As to the breaking and entering, &c., and staying, &c., justification under a judgment and fi. fa. in a suit of Beckett v. Phillips, the fi. fa. having been delivered to defendant, being Sheriff of Leicestershire, to be executed : averment that goods and chattels of Phillips were in the house, liable to the execution, and that defendant entered to take them. Replication, admitting the judgment and fi. fa., and delivery of the latter to defendant, de injurid, absque residue causse. Issue thereon, On the trial, before Coltnian J., at the Summer Assizes for Leicestershire, 1844, the question turned on a con-[893]-veyance of the property named in the declaration, made by Phillips to the plaintiff' in October 1843. The plaintiff had lent money to Phillips to relieve him from an execution at the suit of one Norton : and, in October 1843, Phillips, being unable to pay, executed the conveyance to the plaintiff, the house and furniture to be taken at a valuation. The valuation was completed on 7th October; rid, afterwards, on the same day, the execution in Beckett v. Phillips was put in. The defendant's counsel insisted that this conveyance was fraudulent as against Beckett, the execution creditor. The learned Judge told the jury that, if there was no real payment, and the whole transaction was colourable, the defendant was entitled to a verdict; and, further, that, if there really was a payment, still, if...
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...is, at any rate when the conveyance is for consideration. That is shown by the cases of Copis v. Middleton, (1817) 2 Madd., 410, Wood v. Dixie, (1845) 7 Ad. & E., 892, Alton v. Harrison, (1869) 4 Ch. App., 662, In re Johnson, (1881) 20 Ch. Div., 389, and In re David & Adlard, (1914) 2 K. B......
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