KFLCC Kingdom Law 2nd Ed.

522

FRAUD

FREDNITE

N. W. 1014. Positive fraud is the same thing as actual fraud. See Douthitt v. Applegate, 33 Kan. 395, 6 Pac. 575, 52 Am. Rej>. 533. —Actionable fraud. See ACTIONABLE.— Frauds, statute of. This is the common designation of a very celebrated English statute, (29 Gar. II. c. 3,) passed m 1677, and which has been adopted, in 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 maintained on certain classes of contracts or engagements unless there shall be a note or memorandum thereof in writ ing signed by the party to be charged or by his authorized agent. Its object was to close the door to the numerous frauds which were be lieved to be perpetrated, and the perjuries which were believed to be committed, when such ob ligations 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."— Pious fraud. A subterfuge or evasion considered morally justifiable on ac count of the ends sought to be promoted; par ticularly applied to an evasion or disregard of the laws in the interests of religion or religious institutions, such as circumventing the statutes of mortmain. FRAUDULENT. Based on fraud; pro ceeding from or characterized by fraud; tainted by fraud; done, made, or effected with a purpose or design to carry out a fraud. — Fraudulent alienation. In a general sense, the transfer of property with an intent to defraud creditors, lienors, or others. In a particular sense, the act of an administrator who wastes the assets of the estate by giving them away or selling at a gross undervalue. Rhame v. Lewis, 13 Rich. Eq. (S. O.) 269.— Fraudulent alienee. One who knowingly receives from an administrator assets of the estate under circumstances which make it a fraudulent alienation on the part of the ad ministrator. Id.— Fraudulent concealment. The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose. Magee v. Insurance Co., 92 U. S. 93, 23 L. Ed. 699; Page v. Park er, 43 N. H. 367, 80 Am. Dec. 172; Jordan v. Pickett 78 Ala. 339; Small v. Graves, 7 Barb. (N. Y.) 578.—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. Seymour v. Wilson, 14 N. Y. 569; Lock yer v. De Hart, 6 N. J. Law, 458; Land v. Jeffries, 5 Rand. (Va.) 601; Blodgett v. Web ster, 24 N. H. 103. Every transfer of property or charge thereon made, every obligation in curred, and every judicial proceeding taken with intent to delay or defraud any creditor or other person of his demands, is void against all cred itors of the debtor, and their successors in in terest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor. Civ. Code Cal. § 3439 — Fraudulent conveyances, stat utes of, or against. The name given to two celebrated English statutes,—the statute 13 Eliz. c. 5, made perpetual 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 suffered by any person un able 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 FRAUDARE. Lat. In the civil law. To deceive, cheat, or impose upon; to defraud.

other^ creditors, shall be deemed fraudulent and void if the debtor become bankrupt within three months. 32 & 33 Vict. c. 71, § 92.— Fraudu lent representation. A false statement, made with knowledge of its falsity, with the in tention to persuade another or influence his ac tion, and on which that other relies and by which he is deceived to his prejudice. See Wakefield Rattan Co. v. Tappan, 70 Hun, 405, 24 N. Y. Supp. 430; Montgomery St Ry. Co. v. Matthews, 77 Ala. 364, 54 Am. Rep. 60; Righter v. Roller, 31 Ark. 174; Page v. Parker, 43 N. H. 363, 80 Am. Dec. 172.

FRAUNC, FRAUNCHE,

FRAUNKE.

See FRANK.

FRAUNCHISE.

A franchise.

L. Fr.

FRAUS. Lat

Fraud. More commonly

called, in the civil law, "dolus,"

and

"dolus

A distinction, however, was

malm,"

(q. v.)

sometimes made between "fraus"

and "dol

us j" the former being held to be of the most extensive import Calvin. —Fraus dans locum contractu!. A misrep resentation or concealment of some fact that is material to the contract, and had the truth re garding which been known the contract would not have been made as made, is called a "fraud dans locum contractus;" i. e., a fraud occasion ing the contract, or giving place or occasion for the contract.— Fraus legis. Lat In the civil law. Fraud of law; fraud upon law. See Iw FBATJDEM LEGIS. It is a fraud to conceal a fraud. 1 Vern. 240; 1 Story, Eq. Jur. §§ 389, 390. Fraus est odiosa et non preesumenda. 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 est celare fraudem.

Fraus latet in generalibus.

Fraud lies

hid in general expressions.

Fraus meretur fraudem.

Plowd. 100.

Fraud merits fraud.

FRAXINETUM. In old English law. A wood of ashes; a place where ashes grow. Co. Litt. 46; Shep. Touch. 95.

FRAY.

See AETBAY.

FRECTUM. Quoad frectum

In old English law. Freight.

as to' the

navium suarum,

freight of his vessels. Blount

FREDNITE. In old English law. A lib erty to hold courts and take up the fines for beating and wounding. To be free from fines. CowelL