Blacks Law Dict. 1st ed

FKAUDS, STATUTE 01

FRATERNITY

517

tention to prevent creditors from recovering their just debts by an act which withdraws the proper ty of a debtor from their reach. Fraud in law consists in acts which, though not fraudulently in tended, yet, as their tendency is to defraud cred itors if they vest the property of the debtor in his grantee, are void for legal fraud, and fraudulent in themselves, the policy of the law making the acts illegal. Actual fraud is always a question foi the jury; legal fraud, where the facts are undis puted or are ascertained, is for the court. 64 Pa. St. 356. The modes of fraud are infinite, and it has been said that courts of equity have never laid down what shall constitute fraud, or any general rule, beyond which they will not go, on the ground of fraud. Fraud is, however, usually divided into two large classes,—actual fraud and constructive fraud. An actual fraud may be defined to be some thing said, done, or omitted by a person with the design of perpetrating what he must have known to be a positive fraud. Constructive frauds ara acts, statements, or omissions which operate as virtual frauds on individuals, or which, if gener ally permitted, would be prejudicial to the public welfare, and yet may have been unconnected with any selfish or evil design; as, for instance, bonds and agreements entered into as a reward for using influence over another, to induce him to make a will for the benefit of the obligor. For such con tracts encourage a spirit of artifice and scheming, and tend to deceive and injure others. Smith, Man. Eq. Synonyms. The term "fraud" is some times used as synonymous with "covin," "collusion," or "deceit." But distinctions are properly taken in the meanings of these words, tor which reference may be had to the titles CoYIN; COLLUSION; DECEIT. FRAUD IN FACT. Actual, positive, intentional fraud. Fraud disclosed by mat teis of fact, as distinguished from construct ive fraud or fraud in law. FRAUD IN LAW. Fiaud in contem plation of law; fraud implied or inferred by law; fraud made out by construction of law, as distinguished from fiaud found by a jury from matter of fact; constructive fraud, {q. v.) See 2 Kent, Comm. 512-532. FRAUDARE. In the civil law. To de ceive, cheat, or impose upon; to defiaud. FRAUDS, STATUTE OF. This is the common designation of a very celebiated English statute, (29 Car. II. c. 3,) passed in 1677, and which has been adopted, m a more or less modified form, in nearly all of the United States. Its chief characteristic is the provision that no suit or action shall be main tained on certain classes of contracts or en gagements unless there shall be a note or memorandum thereof in writing signed by the party to be charged or by his authorized agent. Its object was to close the door to

FRATER1HITY. "Some people of a place united together, in respect of a mystery and business, into a company." 1 Salk. 193. F E A T E E S CONJURATI. Sworn brothers or companions for the defense of their sovereign, or for other purposes. Hoved. 445. FRATRES PYES. In old English law. Certain friars who wore white and black garments. Walsingham, 124. FRATRIAGE. A younger brother's in heritance. FRATRICIDE. One who has killed a brother or sister; also the killing of a brother or sister. FRAUD. Fraud consists of some deceit ful practice oi willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As dis tinguished from negligence, it is always posi tive, intentional. 3 Denio, 232. Fraud, as applied to contracts, is the cause of an error bearing on a material part of the contract, created or continued by artifice, with design to obtain some unjust advantage to the one party, or to cause an inconven ience or loss to the other. Civil Code La. art. 1347. Fiaud, in the sense of a court of equity, properly includes all acts, omissions, and con cealments which involve a breach of legal or equitable duty, trust, or confidence justly re posed, and are injurious to another, or by which an undue and unconscientious ad vantage is taken of another. 1 Story, Eq. Jur. § 187. The unlawful appropriation of another's property, with knowledge, by design and without criminal intent. Bac. Abr. Fraud may be actual or constructive. Actual fraud consists in any kind of artifice by which another is deceived. Consti uctive fraud consists in any act of omission or com mission contrary to legal or equitable duty, trust, or confidence justly reposed, which is contrary to good conscience and operates to the injury oi another. The former implies moral guilt; the latter may be consistent with innocence. Code Ga. 1882, § 3173. Actual fraud is otherwise called "fraud in fact." Constructive fraud is also called "fraud in law." Actual or positive fraud includes cases of the intentional and successful employment of any cun ning, deception, or artifice, used to circumvent, cheat, or deceive another. 1 Story, Eq. Jur. § 186. Actual fraud or fraud in fact consists in the in

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