atkins case Barwell and other plaintiff ware and other defendant march that  where the act of bankruptcy be lie in gaol for two month a person shall be  deem a bankrupt from the first day of his surrender to prison by relation so  as to over reach all intermediate transaction the defendant brother convey the  moiety of a reversionary estate for less than calf the value to her and in a  month afterward surrender himself to prison and atkins er p during his lie  there before the two month be expire he turn his book debt into note and  endorses over one from sir Roger Burgoyne and another from sir Francis  Shipworth to Barbara and Margaret ware a commission of bankruptcy be afterward  take out against ware and the plaintiff be choose assignee who have bring this  bill to set asideathe conveyance and pray that the plaintiff and the other  creditor may have the benefit of the say estate and that the deed relate  thereto may be deliver to they and that the say note and security may be also  deliver to they and that they may have a satis faction from such of the  defendant to who the same be endorse assign or deliver the counsel for the  plaintiff insist that the convey land for half the value be a act of  bankruptcy of itself and that the sister of the bankrupt ought to be direct to  convey the same to the assignee and that the note be transaction during the  intermediate time between his imprisonment and the lie there two month that  when the two month be complete he shall be deem a bankrupt from the first day  of his surrender to prison by relation so as to overreach all intermediate  transaction on the part of the defendant it be urge that the several deed and  the endorsement of the note be previous to ware be bankruptcy and that the  bankrupt be indebt to the defendant Martha doughty in pound on bind do in  September execute a warrant of attorney to confess judgement for the say debt  and that be also indebt to his sister Barbara ware in pound he do by indenture  bear date in September convey to her and her heir his reversionnary interest  of the say premise who do then deliver up a bind which have be give her for  pound to be cancel of which debt pound remain due and the deed be execute a  few day after they bear date but before ware have commit any act of bankruptcy  Lord chancellor the present be a plain case and appear to be a fraudulent  conveyance to cover the estate for the deed be execute at a time when ware be  in decline circumstance have in the October follow surrender himself in  discharge of his bail and be confine in prison atkins No more than pound pay  for the moiety of a estae in reversion of the value of pound a year which be  pretend now to be redeemable on payment of pound but no clause of this kind in  the deed itself for it be a absolute bargain and sale the court in this case  ought to do no more than to let the deed stand only as a security for the  money real and good fide advance it be not dispute but that Mr ware be a  bankrupt at the end of the two month and that the act of parliament by  relation make he so at the time he endorse the two note but it have be say by  the defendant counsel the assignee may have bring a action of trover but it  will have be very difficult oh have describe the note at law proper and  therefore the plaintiff be right to come here for a discovery it have be also  say the bankrupt endorse the note to raise a sum of money to put out his  apprentice to another master for the rest of his time the most equitable  method be to allow he a gross sum out of the bankrupt effect and commissioner  of late year have recommend it to creditor to allow it and in my opinion very  right for it will be hard to make he come in as a creditor under the  commission see ex part sandby ante his lordship declare that the lease and  release of September ought to be set aside as a absolute conveyance and to  stand only as a security for what if any be real due from ware the bankrupt to  defendant Barbara ware upon the bind and refer it to a master to inquire  whether at the execution of the say deed any such bind be subsist and what  money be good fide due from the bankrupt to Barbara thereon and if no money  due at that lime that Barbara shall then convey the say premise to the  plaintiff in trust for the creditor his lordship also declare that the  assignment of the two note be after Mr ware be in point of law a bankrupt be  void and direct the master to see if the note be in the hand of Martha doughty  or in who hand and whether she have receive any money thereon and to inquire  what she pay in consideration of the say note and whether the same be apply to  procure another master to the apprentice and if so how much be proper to be  allow accord to the usual course of proceed tinder commission for turn over  the apprentice of a bankrupt to another master atkins er p and so much to be  allow to Martha doughty and the surplus she be to pay over to the assignee and  deliver up the say note and decree the defendant Barbara ware to pay cost so  far as relate to the conveyance to her to this time Reg lib a f tribe v Webber  Davies b law king assignee of Langman v Leith durn east