atkins case walker and other vers burrow November the that b in after marriage  convey his real estate to trustee in consideration of five shilling and other  valuable consideration in trust for himself for life to his wife for life then  to his old son if he survive his father and mother and so to the next son c b  afterward become bankrupt this be a conveyance which fall direct within the  clause of the first of James the first cap and therefore trustee decree to  convey to the plaintiff the assignee under the commission against b necessary  to prove on the statute of the that of Elizabeth that at the make of the  settlement the person convey be indebt at the time of the execution of the  deed the plaintiff assignee be under a commission of bankruptcy against the  father of the defendant who in convey all his shop good c by bill of sale to  the defendant his son and in become a bankrupt in the year he after marriage  convey to trustee his real estate in consideration of five shilling and other  valuable consideration in trust for himself for life to his wife for life then  to his old son if he survive his father and mother and so to the next son c  the bill bring to set asideathe bill of sale as fraudulent and that the deed  of may be either set aside as void or trustee decree to convey to assignee  under the commission against burrow the father the counsel for the plaintiff  insist that the deed of be void as against creditor be voluntary and after  marriage by virtue of the statute of the that of Elizabeth or if not under  that statute yet void under the saint of James the first ch relate to bankrupt  Lord chancellor as to the first part of the case there be not a foundation to  set aside the assignment of household good because it be many month before the  bankruptcy and the consideration of the assignment prove and also follow by  the possession of the son with respect to the settlement by lease and release  in make after marriage in consideration of five shilling and other valuable  consideration there be two point first a general point which it be insist  arise upon the construction of the statute of the that of Elizabeth cap  against fraudulent deed second upon the clause in the statute of the saint of  James as to the first that statute be not sufficient to prevail against the  settlement it have be say all voluntary settlement be void against creditor  equal the same as they be against subsequent purchaser under the statute of  the that of Eliz cap but this will not hold for there be always a distinction  upon the two statute this necessary on the that of Elizabeth to prove at the  make of the settlement the person convey be indebt at the time or immediate  after the execution of the deed or otherwise it will be attend with bad  consequence because the statute extend to good and chattel and such  construction will defeat every provision for child and family though the  father be not indebt at the time see ante Russell v Hammond recital of the act  for the avoid and abolish of teigned covinous and fraudulent testament give ts  grant alienation conveyance bind suit judgement and exe atkins cutions as well  of land and tenement as of good and chattel which feoff ments c have be and be  devise c to the end purpose and intent to delay hinder or defraud creditor and  other of their just and lawful action suit debt atkins er p c and it be enact  that all and every feoff gift grant alienation bargain and conveyance of land  c which be make for any intent or purpose before declare and express shall be  deem and take to be clear and utter void frustrate and of none effect upon  this statute there be no other description of the intent of the conveyance in  the enact clause but b reference only to the preamble the intent before  declare and express so that unless the conveyance in be make for that purpose  it will not be void now here be no proof burrow the father be indebt at the  time or soon after so as to collect from thence the intention to he fraudulent  in order to defeat creditor for as Mr attorney general say if he have be  indebt at that time it will have run on so as to take in all subsequent  creditor where a man have die indebt who in his lifetime make a voluntary  settlement upon application to this court to make it subject to his debt as  real asset the court have always deny it unless you show he be indebt at the  time the conveyance be execute but upon the statute of the that of Elizabeth  which relate to purchaser there indeed a settlement be clear void if voluntary  that be not for a valuable consideration and the subsequent purchaser shall  prevail to set aside such settlement but this can only be apply to the case of  subsequent purchaser and therefore a plain distinction between the two statute  so Colville v Parker cro James Russell v Hammond ante white v Sanson post vol  Lord Townshend v Wyndham Ves Evelyn v templar bro Charles Rep vide Oxley v lee  post the assignee under the commission stand only in the place of the bankrupt  and be bind by all act fair do by he notwithstanding they gain the legal  estate and this prove that assignee of bankrupt be not consider as purchaser  of the legal estate for a valuable consideration for every purpose it have be  say I must at this time take the deed in to be for a valuable consideration  because express to be for five shilling and other valuable consideration but  the consideration of five shilling and other valuable consideration do not  oblige the court to hold it at all event to be for a valuable consideration  and can at most only let the defendant into proof that there be other valuable  consideration and therefore as to this part of the case the trustee under the  deed must convey to the assignee under the commission for it fall direct  within the clause of the first of James the first cap see friar v flood bro  Charles Rep that if any person which hereafter be or shall be a bankrupt shall  convey or procure or cause to be convey to any of his child or other person or  person any manor land c or transfer his debt into other man name atkins except  the same shall be purchase convey or transfer for or upon marriage of any of  his child both the party marry be of the year of consent or some valuable  consideration it shall be in the power and authority of the commissioner to  bargain sell grant convey demise or otherwise to dispose thereof in as ample  manner as if the say bankrupt have be actual seize or possess thereof his  lordship direct t e trustee of the deed of to convey to the assignee under the  commission against burrow the father of the defendant