1787-11-20 (static/transcriptions/1787/11/387.jpg)
as between the Parties.
But valid Transaction, as between the Parties, may be fraudulent by reason of Covin, Collusion, or Confederacy to inure a third Person.” – Of this Lord Mansfield gives several instances.
He afterwards says in pa: 478
This is a great difference between the Conveyance of All, and of a Part. A Conveyance of a Part may be public, fair and honest: As a Trader may sell; so he may openly transfer many Kinds of Property, by way of Security. But a Conveyance of All, must either be fraudulently kept secret; or produce an immediate absolute Bankruptcy.
It has been argued, “that after a resolution taken be a Trader, to commit an Act of Bankruptcy, the Trader is resolving to become Bankrupt might lawfully prefer a just Creditor by conveying Part of his Effects, to satisfy that Creditor’s Debt.”
It is not necessary to determine that question in this Cause; for here the Conveyance is of All:
Mr. Jas Dunkin
for the Plf in Answer to the obj
I