Thursday, November 29, 2012

Twyne's Case (Star Chamber, 1601) case brief

TWYNE’S CASE (Star Chamber, 1601)  
Facts: Pierce was indebted to Twyne and C. C brought an action of debt against Pierce, and pending the writ, Pierce being possessed of goods and chattels of the value of 300 pounds, in secret made a general deed of gift of all his goods and chattels real and personal whatsoever to Twyne, in satisfaction of his debt; notwithstanding that Pierce continued in possession of the said goods, and some of them he sold; and he shore the sheep, and marked them w/ his own mark: and after C had judgment against Pierce, and had a fi. Fa. Directed to he Sheriff who executed of the said goods. Twyne said they were gifts.

Issue: Were the gifts fraudulent transfers?

Holding: Yes. Gifts were not for fair consideration. Donor continued in possession and used them. Made in secret. It was made pending the writ. There was a trust between the parties.

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