Blacks Law Dict. 1st ed

FRAUDULENT CONVEYANCE

518

FREE

the numerous frauds which were believed to be perpetrated, and the perjuries which were believed to be committed, when such obliga tions could be enforced upon no other evi dence than the mere recollection of witnesses. It is more fully named as the "statute of frauds and perjuries." FRAUDULENT CONVEYANCE. A conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach. Every transfer of property or charge there on made, every obligation incurred, and every judicial proceeding taken with intent to de lay or defraud any creditor or other person of his demands, is void against all creditors of the debtor, and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor. Civil Code Cal. § 3439. A transfer made by a person indebted or in em barrassed circumstances, which was intended or will necessarily operate to defeat the right of his creditors to have the property applied to the pay ment of their demands. Abbott FRAUDULENT CONVEYANCES, STATUTES OF, OR AGAINST. The name given to two celebrated English stat utes,—the statute 13 Eliz. c. 5, made perpet ual by 29 Eliz. c. 5; and the statute 27 Eliz. c. 4, made perpetual by 29 Eliz. c. 18. FRAUDULENT PREFERENCES. In English law. Every conveyance or transfer of property or charge thereon made, every judgment made, every obligation incurred, and every judicial proceeding taken or suf fered by any person unable to pay his debts as they become due from his own moneys, in favor of any creditor, with a view of giving such creditor a preference over other credit ors, shall be deemed fraudulent and void if the debtor become bankrupt within three months. 32 & 33 Viet. c. 71, § 92. FRAUNC, FRAUNCHE, FRAUNKE. See FRANK. FRAUNCHISE. L. Fr. A franchise. FRAUS. Lat. Fraud. More commonly called, in the civil law, "dolus" and "dolus malus," {q. v.) A distinction, however, was sometimes made between "fraus" and "dolus;" the former being held to be of the most extensive import. Calvin. FRAUS DANS LOCUM CONTRAC TUI. Lat. A misrepresentation or conceal

ment of some fact that is material to the con tract, and had the truth regarding which been known the contract would not have been made as made, is called a "fraud dans locum contractui;" i. e., a fraud occasioning the contract, or giving place or occasion for the contract. Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 240; 1 Story, Eq. Jur. §§ 389, 390. Fraus est odiosa et non prsesumenda. Fraud is odious, and not to be presumed. Cro. Car. 550. Fraus et dolus nemini patrocinari de bent. Fraud and deceit should defend or excuse no man. 3 Coke, 78; Fleta, lib. 1, c. 13, §15; Id. lib. 6, c. 6, §5. Fraus et jus nunquam cohabitant. Wing. 680. Fraud and justice never dwell together. Fraus latet in generalibus. Fraud lies hid in general expressions. FRAUS LEGIS. Lat. In the civil law. Fraud of law; fraud upon law. See IN FRAUDEM LKGIS. Fraus meretur fraudem. Plowd. 100. Fraud merits fraud. FRAXINETUM. In old English law. A wood of ashes; a place where ashes giow. Co. Litt. 46; Shep. Touch. 95. FRAY. See AFFRAY. PRECTUM. In old English law. Freight. Quoad /rectum navium suarum, as to the freight of his vessels. Blount. FREDNITE. In old English law. A liberty to hold courts and take up the fines for beating and wounding. To be free from fines. Cowell. FREDSTOLE. Sanctuaries; seats of peace. FREDUM. A fine paid for obtaining pardon when the peace had been broken. Spelman; Blount. A sum paid the magis trate for protection against the right of re venge. FREE. 1. Unconstrained; having power to follow the dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary servitude. Used in this sense as opposed to "slave." 2. Not bound to service for a fixed term of

Archive CD Books USA