ATKINSON VS. PHILLIPS. 509

head, as charged in the bill. The answer of Pbillips very near-
ly corresponds with this, and need not be more particularly ad-
verted to.

On the 17th of December, 1834, Phlllips, through his agent,
he being absent, purchased the county property of said Spind-
ler, sold by the sheriff under executions upon judgments recov-
ered against Spindler, in the year 1834, by the General Insur-
ance Company, for the sum of two hundred and fifty dollars,
although the same was appraised at nine thousand two hundred
dollars; and he, also, under the same circumstances, on the
22d of January, 1835, purchased the town property aforesaid,
appraised at four thousand dollars, for the sum of three thousand
eight hundred dollars, and obtained deeds therefor from the
sheriff.

'[The Chancellor, after stating the case, says :]

THE CHANCELLOR:

These deeds, it will be observed, are not impeached upon
the ground of their being fraudulent under the provisions of the
insolvent system, as having been executed by Spindler with a
view of being and becoming an insolvent debtor. They are
charged as having been made to delay, hinder and defraud cred-
itors, and as, therefore, being fraudulent and void, both at com-
mon law and under the provisions of the statute of 13th Eliza-
beth, chap. 5; and, whether they are so or not, is the only
question that has been discussed by the counsel in their oral
and written arguments.

The principle extracted by Mr. .Chancellor Kent from a re-
view of the cases is, "that if the party is indebted at the time
of the voluntary settlement, it is presumed to be fraudulent in
respect to such debts; and no circumstance will permit those
debts to be affected by the settlement, or repel the legal pre-
sumption of fraud"—that "the presumption of law in this case
does not depend upon the amount of the debts, or the extent
of the property in settlement, or the circumstances of the par-
ty"—"that there is no such line of distinction set up or traced
in any of the cases; and that, therefore, the law has wisely dis-
43*