| Volume 194, Page 243 View pdf image (33K) |
Rast. 197. Dyer, 295. Fitz. Execution, 58, 108. 2 R. 2, c. 3. 3 H. 7, c. 4. 13 EL c. 5. Where a man made a gift of his lands, tenements, and chattels to defraud his creditors, and the collusion was found, it was held that the tenements and goods* should, under this Statute, be put in execution as if no 181 such gift had been made; the gift being to "the use and behoof" of another did not alter the matter; for the property could not be changed by these words, the law before being that a gift of goods to the donor's use should not be good, but the property was immediately in the donee, Lyte v. Perry, Dy. 49 b; Butler & Baker's case, 3 Rep. 26 b. and see also many cases, &c. against fraudulent gifts of lands and chattels, Dy. 295 a. and note to 13 Eliz. c. 5, infra. STATUTES Made at WESTMINSTER the first year of the Reign of King RICHARD II. after the Conquest of England, in the year of our Lord God 1377. CAP. XII. A Prisoner by Judgment shall not be let at large. Confession of a Debt to the King to delay another's Execution.
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