The concepts of these acts, which were borrowed from civil law but may not have been significantly reenacted, are followed across the United States. By statute of 3 Henry VII, all deeds of gifts of goods and chattels in trust for the donor were declared void and by statute of 13 Eliz., gifts of goods and chattels, as well as lands, made with intent to delay, hinder, and defraud creditors, were declared void as against the person to whom such frauds would be prejudicial. And a transfer by a parent who, although in debt, is not in embarrassment, provides a suitable provision for a kid, and leaves property sufficient to cover his obligations, is not fraudulent in and of itself. There is a difference between prior and subsequent creditors such a transaction is unlawful as to the former but not the latter. However, unless so resisted, such a transfer, along with a subsequent sale agreement, is solid proof of statutory fraud.
Whenever a voluntary conveyance is made, a presumption of fraud arises under the statute of 27th Eliz., which presumption may be repelled by demonstrating that the transaction on which the conveyance was founded, virtually contained some conventional stipulations, some compromise of interests or reciprocity of benefits, that point out an object and motive beyond the indulgence of affection or claims of kindred, and not reconcilable with the supposition of intent to deceive. The conveyance of an estate without proper consideration of value.
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