The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law.

Lands

• Setled.
• Sold.

Settlements: What shall be accounted Frau∣dulent and shall be avoided, and the Sale by the Commissioners good, and what not.

Vide supra Stat. 1 Jac. c. 15. Conveyance to Children, except on Marriage, or some Valuable Consideration.

Vide Supra, Crisp and Plats Case, 1 Croke, 548.

IN consideration of Marriage; a man makes a Conveyance to the use of himself and his Wife, and afterwards be∣comes a Bankrupt; a Commission is ta∣ken out against him, and the Lands are sold by the Commissioners; the Sale ad∣judged good, and the Deed fraudulent. In this Case within half an year after this Settlement he became a Bankrupt; so as there seems to be fraud in the Convey∣ance; but this is not exprest in the Plead∣ing,

as it might have been; and this is not in dispute upon a Special Verdict, but comes in question on point of plead∣ing, which is to be taken strongly against him that pleads it; and he hath not ex∣prest any Valuable Consideration as he* 1.1 might have done; as Consideration of a Portion, or performance of Articles made upon Marriage, or that the Wife had joined in selling some part of the Land.

The Wife is within the Statute 1 Jac.* 1.2 and the providing for Wife and Chil∣dren is providing for himself, Stiles Rep. 288, 289. Tucker and Cosh. But I have seen this Case reported by a Grave Ser∣jeant at Law, that the Land may not be sold, quia guerdon pudicitiae.

All fraudulent Conveyances, to deceive Creditors, are within this Statute.

A fraudulent Deed must be so at the* 1.3 beginning, for subsequent fraud cannot make it so.

If a Man purchase Land after the time of his Trading, and his being in Debt, and do purchase it in the Name of his Wife or Children fraudulently, this will be liable to sale. Aliter, If it be purchased before he becomes to be a Merchant, Marsh Rep. 34. A. purchased Copyhold to him and his Son for their Lives, the Remainder to his Wife in Fee; and after this becomes a Merchant and a Bankrupt, and solely took the Profits till he became a Bankrupt, this shall not

be sold by the Commissioners, Vide supra Crisp's Case

A Settlement made by the Husband* 1.4 for the Jointure of the Wife, reciting that the Wife had joined with the Husband to sell part of the former Jointure in which he and she were Tenants for Life, the Remainder in Tail to the first and tenth Son, Remainder to his Heirs; by Hales at a Trial at Bar, this is not frau∣dulent, tho' he alone having no Issue might bar this contingent Remainder, B. R. 24 Car. 2. Scot and Bell.

In an Assise between Creditors and* 1.5 the Bankrupts Son. It was found, that the Father by Indenture, in considerati∣on of love which he bore to his Son, and for natural affection to him, bar∣gained, sold, gave, granted and con∣firmed the Land unto him and his Heirs; this Deed was Inrolled: This Land shall not pass unless Mony had been paid, or the Estate executed, for the Use shall not pass. Crok▪ Jac. p. 127. Osborn and Churchman.

In a Trial at Bar; the Son and Daugh∣ter of Sir Anthony Bateman were Defen∣dants in Ejectment; the Defendants ad∣mitted the point of Sir Anthony's Bank∣rupcy, but set up a Conveyance made by Sir Anthony to them for the payment of 1500 l. apiece, being Mony given to them by their Grandfather, Mr. Rus∣sel; to whom Sir Anthony took out Letters

of Administration; per Hales, It is a Vo∣luntary* 1.6 Conveyance, unless that you can prove that Sir Anthony had Goods in his Hands of Mr. Russels at the time of the executing it; so they proved that he had, and there was a Verdict for the Defen∣dants, Mod. Rep. 76. Sir Anthony Bate∣man's Case.

A Man may settle Lands on his Son* 1.7 before he be a Bankrupt, and if it be not by fraud and to deceive Creditors, it shall be good, (and the fraud must be found by the Jury) the Statute saith, the Sale shall be good against such Offender, and he is no Offender till he is a Bankrupt, Jones p. 438. Crisp and Platt. Vide su∣pra.

Notes

• * 1.1

  Valuable Con∣sideration.
• * 1.2

  Wife, Chil∣dren.
• * 1.3

  Fraudulent Deed.
• * 1.4

  Wife joins with the Husband in selling part of her former Jointure.
• * 1.5

  Bargain and Sale. Conside∣ration.
• * 1.6

  Voluntary Con∣veyance or not.
• * 1.7

  Settlement.