Conveyances for defrauding creditors.

Voluntary conveyances, or with any clause of revocation, void as against purchasers.

(h) Stat. 25 & 26 Vict. c. 89, s. 21.

(i) Stat. 13 Eliz. c. 5; Treyne's case, 3 Rep. 81 a; 1 Smith's Leading Cases, 1.

(j) Stat. 27 Eliz. c. 4, made perpetual by 30 Eliz. c. I8, s. 31.

(k) Upton v. Bassett, Cro. Eliz. 144; 3 Rep. 83a; Sugd. Vend. & Pur. 586, 13th ed.; Sugd. Pow., ch. 14, 8th ed.

(l) Colrile v. Parker, Cro. .lae. 158; Sugd. Pow., ch. 14, 8th ed.


Heirs might anciently be bonnd by specialty.

(m) 3 Black. Com. 223.

(n) See Co. Litt. 191 a, n. (1), vi. 9.

(o) Glanville, lib. vii. c. 8; Bract. 01 a; 1 Reeves's Hist. Eng. Law, 113. These authorities appear to be express; the contrary doctrine, however, with an account of the reasons for it, will be found in Bac. Abr. tit. Heir and Ances-tor (F). (p) Britt. 64 b.


Equitable assets.

(q) Bac. Abr. tit. Heir and Ancestor (F); Co. Litt. 376 b.

(r) 2 Black Com. 244; Bac. Abr. tit. Heir and Ancestor (1).

(s) Dyer, 271 a, pl. 25; Plow. 457.

(t) Bac. Abr. ubi sup.

(u) Parker v. Dee, 2 Cha. Cas. 201; Bailey v. Ekins, 7 Ves. 319; 2 Jarm. Wills, 544, 1st ed.; 523, 2nded.; 554, 3rd ed.

(x) Stat. 3 Will. & Man-, c. 14, s. 2, made perpetual by stat. f) & 7 Will. HI. c. 14.

Debts of deceased traders.

In 1833 lands became subject to all debts.

(y) Stat. 3 Will. & Mary, c. 14, s. 4.

(z) By stat. 47 Geo. HI. c. 74.

(a) Stat. 11 Geo. IV. & 1 Will. IV. c. 47.

(b) Stat. 3 & 4 Will. IV. c. 104.

Former effect of u charge of debts by will.

All creditors now stand in equal degree

(c) See the author's Essay on Real Assets, p. 39.

(d) Stat. 32 & 33 Viet. c. 4G.

A creditor who has taken legal proceedings against his debtor, for the recovery of his debts, in the debtor's lifetime, and has obtained the judgment of a Court of law in his favour, has long had a great advantage over creditors who have waited till the debtor's decease. The first enactment which gave to such a creditor a remedy against the lands of his debtor was made in the reign of Edward I. (e), shortly before the passing of the statute of Quia Emptores (f), which sanctioned the full and free alienation of fee simple estates. By this enactment it is provided, that, when a debt is recovered or acknowledged in the King's Court, or damages awarded, it shall be thenceforth in the election of him that sueth for such debt or damages to have a writ of fieri facias unto the sheriff of the lands and goods, or that the sheriff deliver to him all the chattels of the debtor (saving only his oxen and beasts of his plough), and the one half of his land, until the debt be levied according to a reasonable price or extent. The writ issued by the Court to the sheriff, under the authority of this statute, was called a writ of elegit; so named, because it was stated in the writ that the creditor had elected {elegit) to pursue the remedy which the statute had thus provided for him (g). One moiety only of the land was allowed to be taken, because it was necessary, according to the feudal constitution of our law, that, whatever were the difficulties of the tenant, enough land should be left him to enable him to perform the services due to his lord (h). The statute, it will be ob-served, was passed prior to the time when the alienation of estates in fee simple was sanctioned by parliament; and there can be no doubt, that long after the passing of this statute the vendors and purchasers of landed property held a far less important place in legal consideration than they do at present. This circumstance may account for the somewhat harsh construction, which was soon placed on this statute, and which continued to be applied to it, until its replacement by an enlarged and amended act of modern date (i). It was held, that, if at the time when the judgment of the Court was given for the recovery of the debt, or awarding the damages, the debtor had lands, but afterwards sold them, the creditor might still, under the writ with which the statute had furnished him, take a moiety of the lands out of the hands of the purchaser (j). It thus became important for all purchasers of lands to ascertain, that those from whom they purchased had no judgments against them. For, if any such existed, one moiety of the lands would still remain liable to be taken out of the hands of the purchaser to satisfy the judgment debt or damages. It was also held that if the debtor purchased lands after the date of the judgment, and then sold them again, even these lands would be liable, in the hands of the purchaser, to satisfy the claims of the creditors under the writ of elegit (k). In consequence of the construction thus put upon the statute, judgment debts became incumbrances upon the title to every estate in fee simple, which it was necessary to discover and remove previously to every purchase. To facilitate purchasers and others in their search for judgments, an alphabetical docket or index of judgments was provided by an act of William and Mary (l), to be kept in each of the courts, open to public inspection and search. But, by an enactment of the present reign (m) these dockets have now been closed, and the ancient statute is, with respect to pur-cllasers, virtually repealed.

Judgment debts.

Writ of elegit.

(e) Stat. 13 Edw. I.c, 18, calIed the Statute of Westminster the second. (f) Stat, 18 Edw. I. c. 1.

(g) Co. Litt. 289 b; Bac. Abr. til. Execution (C. 2).

(h) Wright's Tenures, 170.

Construction of the statute.


(i) Stat. 1 & 2 Vict. c. 110.

(j) Sir John Be Mpleyn's case, Year Book, 30 Edw. III. 24 a.

(k) Brace v. Duchess of Marlborough, 2 P. Wms. 492; Sugd. Vend. & Pur. 418, 13th ed.; 3

Prest. Abst. 323, 331, 332.

(l) Stat. 4 & 5 Will. & Mary, C. 20, made perpetual by stat. 7 & 8 Will. III. c. 36.