bennet v Musgrove Nov bill lie for creditor by elegit to set aside a  fraudulent conveyance whether he can recover at law or not conveyance  fraudulent if without delivery of possession though part a real consideration  distinction between actual and presume fraud in the latter leave to law a  judgmentcreditor of Musgrove have a execution by elegit against the land  execute and a inquisition take bring a bill to set aside a fraudulent  conveyancer make to the other defendant Bradley two objection be make saint  that he shall not come into equity but go to law suppose what the plaintiff  say be true for if a fraudulent conveyance it be void by the statute next that  the plaintiff have not sufficient foundation in point of evidence of fraud  Lord chancellor a plain case to give the plaintiff relief which be to be let  into the benefit of that to which such a creditor be entitle though a creditor  at large be not but where a judgement be obtain affect it from the time and  execution he be entitle because that vesey senior affect the reality of the  land and this whether it be one kind of fraudulent conveyance or another for  if it be by collusion he clear may but if it be obtain from his debtor himself  by fraud on the debtor on or about the time he obtain his judgement and elegit  he may as stand in the place of the debtor come into this court to be relieve  against that conveyance and to have the same benefit of relief vesey senior er  p as to the first objection of the remedy that he may have go to law and bring  ejectment on the elegit and inquisition if he have perhaps he will have fail  at raw by reason of a consideration throw in of pound a debt from Musgrove to  Bradley at the time if that be prove true notwithstanding that it may be still  a conveyance make in fraud of creditor Ves sen and if that be do without  delivery of possession such a conveyance will not have be sufficient though  part be a real consideration which be twine case for there be not a delivery  but be it as it may whether he can recover or not he be entitle to come into  this court the distinction in this court be there a subsequent purchaser for  valuable consideration will recover the estate and set aside or get the better  of a precedent voluntary conveyance if that conveyance be fair make without  actual fraud the court will say take your remedy at law but wherever the  conveyance be attend with actual fraud though they may go to law by ejectment  and recover the possession they may come into this court to set aside that  conveyance which be a distinction between actual and presume fraud from its be  mere a conveyance as to the last question there be sufficient evidence of a  fraudulent and collusive conveyance to deceive the plaintiff and other  creditor of Musgrove to protect this estate against they and must be so far  set aside as fraudulent against the plaintiff debt and demand by virtue of the  elegit