18 
FRAUD. 
as well of their lands as of double damages, without re¬ 
gard to fuch alienations. See alfo 4.Hen. IV. c. 7. ii 
Hen. IV. c. 3, and the article Disseisin, vol. v. p. 887. 
By 3 Hen. VII. c. 4, all deeds of gift made in triift for 
the life of perl'ons making the faid gifts, with intent to 
defraud creditors, (liall be null and void. And by 
i3Eliz. c. 5, made perpetual by 29Eliz. c. 5, every 
feoffment, gift, alienation, and conveyance, of lands, or 
goods, leafes, rents, &c. and every bond, judgm.ent, and 
execution, with intent to defraud creditors or others, Oiall 
be of none effect; all parties and privies to fuch con- 
veyan^s, bonds. See. (hall forfeit one year’s value of the 
lands and the.wliole of the goods, or money contained in 
the bond, half to the crown and half to the,party grieved ; 
and fuffer half a year’s imprifonment.—This ftatute not 
to extend to any'eftate made on good confiderations iond 
fide to peiTons hot having notice of inch fraud. 
By 29Car.!I. c, 3, commonly known by the name of 
The Statute of Frauds, all leafes, eftates cf freehold, or 
terms for years, or any uncertain intereft in lands, made 
by livery and feifin only, or by parol, and not put in 
writing and ligned by the parties or their agents, ffiall 
have the force of leafes at will only ; except leafes not 
exceeding the term of three years at tv.'oahirds of the 
improved value. And no leafes, eftates, or intereffs of 
lands, either of freeliold or terms of years, or any un¬ 
certain intereft, not being copyhold, ffiall be alligned, 
granted, or furrendered, unlefs by deed or note in writ¬ 
ing figned by the parties or their agents: or by the ope¬ 
ration of law. 
By 3Will. & Mary, c. 14, made perpetual by 6Will. Ill, 
c. 14, all wills or appointments of lands, or of any rent, 
&c. out of the fame, ftiall be deemed, only as againft 
creditors by bond or fpecialty binding the heir, to be 
fraudulent and void. And every fuch creditor ftiall 
have his action of debt upon his bonds and fpecialties 
againft the heir at law of fuch obligors, and fuch devi- 
lees jointly. This ftatute however excepts difpolitions 
for the payment of debts and raifing portions for children 
in purfuance of marriage contradts made before marriage. 
It further provides tiiat where any heir at law (hall be 
liable to pay his anceftor’s debt, in refpedl of lands de- 
feended to fuch heir, and ftiall alien the fame before ac¬ 
tion brought, fuch heir ftiall be anfwerable to the creditor 
in an adtion of debt to the value of the land aliened ; but 
the lands bond fide aliened before the adtion brought ftiall 
not be liable. Every devifee however, made liable by 
the ftatute, ftiall be chargeable, in the fame manner as the 
heir, though the lands devifed ftiall be aliened before 
adtion brought. 
A diftinction has been taken between the claims of real 
creditors, and a debt founded in matefcio •, for A. having 
brought an adtion againft B. for criminal converfation 
with A’s wife, B. afiigned his eftates to truftees in trull 
to pay the feveraf debts mentioned in. a fchedule, and 
fuch other debts as he lliould name. A. recovered five 
thotiland pounds damages, and brought his bill to fet 
afide this deed as fraudulent, but rlie court held that it 
was not fraudulent eitiier in law or equity ; for the plain¬ 
tiff was no creditor at the time of making the deed : and 
though it were made with an intent to prefer liis real cre¬ 
ditors before.this debt when it fliould cohie to be fuch, 
yet it was confeientious fo to do. But the plaintiff was 
field to have an iirerelt in the furpius after payment of 
the other debts. Pre. Ck. 105. 
The following caies may ferve to elucidate the forego¬ 
ing principles :—If a man leifed of land in fee, make a 
feorfment of it to divers ufes, with remainders over. Sec. 
with power of revocation by writing under hand and feal; 
here, if he for good confiderarion doth enter into a recog- 
iiilance, the land lhall be charged with the fame : fo if 
A. referves to htiufelf power to revoke by the affent of 
B. and then bargains to another. Bridg. 22. Lane, 22. 
And where one ha^i made an eftaie with the power of re¬ 
vocation, and after with intent to deceive a purchafer he 
z 
makes a feoffment, &c. to a ftranger, to exfinguifti th« 
power, and then fells the land for a valuable conlidera- 
tion ; in this cafe both the conveyances (hall be fraudulent 
as to the purchaler. 2 Rep. 83. 
A man made a leafe for twenty-one years, in trnft for 
his daughter till marriage ; and if ihe married with f.is 
ednfent then to her during the term ; this, till marriage, 
has been held fraudulent as to a purchafer : but after 
marriage it is good, hecaufe ni.irriage is an advancement 
to the daughter, and taking elfeit made it upon valuable 
confideration, wbicli a marriage is always taken to be, 
and the liufband was drawn in by this conveyance to 
marry her. i Sid. j 33. 
If a fatlier makes a feofftuent to another, for the ad¬ 
vancement of daughters, or his younger fons, or for pay¬ 
ment of his debts ; and afterwards infeoft's his eldeft foa 
or heir, that is not fraud or collufton within the ftatute, 
for he is bound in law to make provilioii for his children ; 
but where there is a grandfather, father, and two fens, 
and t!ic grandfather (living the father) conveys his land 
to either of tlie fons, this is-out of 32Hen.VIII. c.i« 
becaufe it is not a common thing fo to do, and the father 
ought to have tlie immediate care of his cliildren ; 
though if he is dead, then it belongs to the grandfather. 
6 Rep. 76. If a man levy a fine to the ufe of himfelkfor 
life, remainder to-his fon in tail, and after fells the ree- 
fimple to another, he as a purchafer (hall avoid this con¬ 
veyance upon 27Eliz. C.4, becanfe it was voluntary, and 
therefore fraudulent; (o it liad been if he had fettled the 
remainder on his wife, unlefs there had been a conlidera-- 
tion on a precedent marriage. -^Sdlk. 174. 
An infant promifed, on his marriage, to fettle his eflate 
w hen he came of age, upon himfelf and his ilfue ; and 
this was held a fufficient confideration, though an infant 
by law is not compellable to fulfil inch promile. 2 Lev. 
147. A perfon, iii confideration that bis fon is to marry 
the daughter of A. B. covenants to (land feifed of lands 
to the life of his fon for life ; and after to other fons in 
reverfion or remainder : the ufes thus limited in remain¬ 
der, fnall be fraudulent as to any purchafer of the land, 
though the firft be upoti good confideration. And al¬ 
though the confideration of marriage is good ; if there 
be a power to revoke annexed to the deed, it will be void 
as to purch.afers. Lane, 22. 
If a man after marriage, make a voluntary conveyance 
of land for a jointure, or maintenar.ee for his wife, and 
afterwards fell the land for money, to one that hath no 
nqtice of it ; in this cafe the conveyance, made to the 
life of the wife, ftiall be faid to be fraudulent : and yet 
if a perfon upon a marriage, before the marriage and in 
confideration thereof, or after marriage in confideration 
of a portion given or money paid, convey his land to the 
life of his wife. Sec. it w ill not be a fraudulent deed. Cro. 
Jac. 15S. A feme covert joins with her hulband in the 
alienation of her jointtire, and hath a new deed of fettle- 
ment of other lands dated the fame day in lieu thereof, 
without articles or agreement precedent to this (econd 
fettiement ■, this is not fraudulent againft a purchafer, 
though the lands in the new fettiement are more in value 
than thofe in the firft; for the old fettiement being de- 
ftroyed, and a new one made on the fame day, it (hall be 
prefumed that there wasan agreement forit. iLcv. 70, 71. 
Tl'.e hulband who married a wife an inheritrix, pro¬ 
mifed, that if file would join witi'. him in a fale of her 
land, and let him have the money to pay his debts, that 
he would leave her four hundred pounds at his'death; 
about fix niontlis after tlie lands were fold, he gave bond 
to a ftranger to leave his wife the tour hundred pounds. 
And it was adjudged, that this was not fraudulent as to 
creditors, but good againft them. 2 Lev. 148. A perlbn 
makes a voluntary conveyance, and then mortgages the 
fame land, and the firft deed is upon a trial found frau¬ 
dulent ; then he to whom the deed was made, exhibited 
his bill in equity to redeem the mortgage ; and it was 
held, that though the firft deed was fraudulent, quoad the 
mortgage 
