coke a burrel case pasch James in the common plea if the father make a lease  by fraud and covin of his land to defraud other to who he shall demise or sell  it and all fraudulent lease shall be so intend and before the father sell or  demise it be die and the son know or not know of the lease sell the land on  good consideration the vendee shall avoid the lease by the Act Elizabeth if  the father assign his term fraudulent to his son have at the time nothing in  the inheritance of the land yet when the father sell the land upon the  inheritance descend upon he with a covenant to be clear of all lease c his  vendee shall avoid the term by the say Act where a man secret make a jointure  to his wife by fraud and covin to defraud a purchaser to who he intend to sell  the land the purchaser shall avoid it   light b lane hob in a ejection firm  between Thomas Burrel plaintiff and Seth Holmes and Robert Holmes defendant of  land in Huntingdon in the county of York on a demise make by Richard Burrel  and William allein to which not guilty be plead on the evidence the case be  such grandfather father and son the grandfather on the marriage of the father  make the father wife a jointure of other land and at the coke report b er p  same time sure that September Elizabeth covenant to demise the tenement in  which c to the father and that September next follow accord to the covenant  the grandfather by indenture make a demise of the moiety of the tenement in  which c to Seth the father to begin after the death of the grandfather for  year and of the other moiety for year to begin at a day to come in both which  demise be proviso that if the father shall die without issue or if he shall  make any lease upon which the ancient rend shall not be reserve that the say  lease make to the father shall be void the father that February Elizabeth  assign over the say lease to the use of Robert his son a infant to the intent  that they may not be merge by the descent of the reversion and with this  colourable purpose and intent that the infant shall pay debt and within a  short time after the grandfather die the father enter into the land and take  the profit and make lease and do other thing as owner of the land and neither  the assignee nor the infant take any profit nor pay debt also in the say  assignment of the say lease diverse person of good credit be name among other  but the assignment be deliver in a secret manner to a person of mean quality  for which and other circumstance it be take that as well the say first lease  be of a form and device unusual as the assignment be fraudulent and after the  death coke b of the grandfather the father for a great slum of money bargain  and sell the tenement by deed indent and enrol September Elizabeth to Richard  Burrel and William allein and their heir in which the father covenant with  Burrel and allein that the land shall be clear of all lease c and if the say  original lease or the assignment shall be avoid by the purchaser by the  statute of a more nu nu roll Rep Bridgm Goldsb pl pl Cr Elizabeth   b Cr James    a   light b roll Rep   a b lane a Elizabeth c be move and debate and in this  case on evidence give at the bar of the common plea two point be unanimous  resolve by coke chief justice Walmsley Warburton and Daniel that where the  word of the say statute of Elizabeth be that all and every conveyance grant  charge lease encumbrance and limitation of use of in or out of any manor land  c for the intent and purpose to defraud and deceive such person c as have  purchase or shall purchase c the same land c shall be deem c only against such  purchaser c void frustrate and of none effect it be resolve that if the father  make a lease by fraud and covin of his land to defraud other to who he shall  demise or sell it as all fraudulent lease shall be so intend and before the  father sell or demise it he die and the son know or not know of the say lease  sell the land on good consideration in that case the vendee shall avoid that  lease by the say Act for inasmuch as it be intend and presume in law that  every fraudulent lease be make to the intent general to defraud purchaser  farmer c within this generality every particular purchaser farmer c be include  and the say Act be very well pen for the word of the Act be a   a b a general  and it be not necessary that he who sell the land shall make the former  fraudulent estate or encumbrance but be the estate c fraudulent ut above  whosoever sell make it the purchaser shall avoid such fraudulent estate c and  therefore in the case at bar the say lease be on the evidence think b   a Doct  pl Inst hob roll b fraudulent the vendee of the father and heir shall avoid  they it be resolve that although the father have nothing in the inheritance of  the land at the time of the assignment of his term but the whole estate of  inheritance be then in the grandfather yet when the grandfather die and the  father sell the land his vendee shall avoid the say term by the say Act the  say assignment on the evidence be take to be fraudulent for if he have bargain  ad sell the say term only the bargainee shall avoid the say fraudulent  assignment and by consequence the vendee of the whole feesimple shall avoid it  and it be say by the chief justice that that which be call c   b c trust  between the father and the son be in judgement of coke report a er p law  fraudulent as to a purchaser and I acquaint Popham chief justice with this  resolution and he allow well of it and say it be coke a well do to construe  the say Act in suppression of fraud and as he tell I it be adjudge before he  and his companion justice of the king bench that where a d   a d man in a  secret manner make a estate to the use of his wife for her e Cr James e  jointure by fraud and covin to defraud a purchaser to who he intend to sell  the land that in such case if the fraud be prove in evidence or confess in  plead the purchaser shall avoid such estate a Vid note r S twine case   b  Evans stat Vol I p a