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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