FACTS
P indebted to T for 400 pounds.
P indebted to C for 200 pounds.
C --> action of debt against P.
P: possessed goods/chattels valued at 300 pounds.
P: made secret gift deed to T in satisfaction of his debt.
C had judgment against P.
Sheriff came to take possession of goods, P resisted, claimed he gave to T.
ISSUES ANSWERED
1. The gift was fraud.
2. P, owner, continued in possession and used goods as his own.
3. Gift made in secret.
4. Gift made pending writ.
5. Trust between parties was a hint of fraud.
6. Gift must be made bona fide. Here it was not.
ANALYSIS
To be made bona fide, gift in satisfaction of debt must be made in a public manner. Not in private.
Secrecy is a mark of fraud.
P indebted to T for 400 pounds.
P indebted to C for 200 pounds.
C --> action of debt against P.
P: possessed goods/chattels valued at 300 pounds.
P: made secret gift deed to T in satisfaction of his debt.
C had judgment against P.
Sheriff came to take possession of goods, P resisted, claimed he gave to T.
ISSUES ANSWERED
1. The gift was fraud.
2. P, owner, continued in possession and used goods as his own.
3. Gift made in secret.
4. Gift made pending writ.
5. Trust between parties was a hint of fraud.
6. Gift must be made bona fide. Here it was not.
ANALYSIS
To be made bona fide, gift in satisfaction of debt must be made in a public manner. Not in private.
Secrecy is a mark of fraud.
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