case conrade de gol and another appellant knox ware and other respondent d  February this case be now obsolete act of bankruptcy be now define  exhaustively by the bankruptcy act and Vict c S and and Vict c S the commit a  secret act of bankruptcy before the petition creditor debt accrue will not  invalidate the commission sue out by he in what case a secret act of  bankruptcy shall overturn all subsequent conveyance make by the bankrupt to  the prejudice of his just creditor brown er p forester viner vol p can Eq ab  can John ware be a trader become indebt to several person in many large sum of  money and have commit several act of bankruptcy a commission of bankruptcy  issue against he on the that of November and the appellant be appoint assignee  the bankrupt estate and effect be assign to they accord and his creditor come  in and prove their debt under this commission to the amount of pound and  upward the bankrupt with a view to conceal his effect from his creditor and to  defraud they of their just debt do about the year purchase the office of  clarencieux king at arm in the name of his son the respondent Knox ware for  which he pay above pound he also purchase in the name of the respondent Knox  ware a message and premise call Pimlico in the parish of saint Martin in the  field in the county of Middlesex of one Michael Thompson for which he give  pound the bankrupt also with the like view to defraud his creditor execute  several fraudulent conveyance of his real and personal estate without any real  or valuable consideration whatsoever particular brown by indenture of the that  and that of August the say John ware as well for the support of the say Knox  ware in the dignity of his say office as out of affection to his say son  convey and assign to the respondent Philip Jones and Francis pile several  freehold estate therein mention lie at Hornchurch Chelmsford and Dagenham in  the county of Essex and all other his land and tenement whatsoever in London  and Westminster and in the say county of Essex except the farm call hammond  farm and also the manor of Woolverston in the county of Suffolk part for a  term of year and part for a term of year which premise be of the yearly value  of pound and he also assign to the respondent Jones and pile several debt  therein mention to be due to he amount to pound S d in trust to raise money  for the payment of several debt and annuity therein mention and pretend to be  due from the bankrupt and afterward in trust for the say Knox ware and by  indenture of the d and that of December he convey and assign to John kidgell  and Branson Oulson hammond farm in Hornchurch which be except out of the last  deed a lease of the rectory of hackney in the county of Middlesex a lease of a  house in Bearbinder lane London a lease of six message in Westminster and  several mortgage and debt due to he amount to pound S d in trust for the  payment of several fictitious debt therein mention remainder to the say Knox  ware with a power reserve for the bankrupt to charge the premise with the  payment of any other of his debt and it be covenant that all the premise  thereby convey and assign shall in the first place be subject to indemnify the  say kidgell and Oulson against whatsoever they shall do about the execution of  the trust thereby repose in they provide they do every such act with the  privity and direction of the say Knox ware in write first have the bankrupt by  other indenture of the d and d of may convey and assign to the say kidgell and  Oulson for a term of year two house in Weymouth three house and the reversion  of a house at rigate turner hall and twelve house in Philpot lane and Smithy  lane London a lease of two acre of land in Havering ten house in brick lane a  house and two field in Shacklewell a moiety of nineteen house in Longditch  five house in saint sepulchre and one in clement lane London two turnpike on  Hertford river several policy of assurance for life and several debt due to he  to the amount of pound in trust for the payment of the same annuity and debt  pretend to be provide for by the aforesaid deed of the that and that of August  and afterward in trust for the respondent Knox ware and his heir for ever with  a proviso that such of the say debt as shall be discharge by the respondent  Jones and pile shall not remain a charge on the premise contain in this deed  by other indenture of the saint and d of march recite the power reserve for  the bankrupt to charge the premise brown convey to kidgell and Oulson with the  payment of any other of his debt and that he be desirous to provide for the  payment of pound S d due to the respondent Knox ware and pound S d due to the  say kidgell and Oulson on the balance of account brown er p therein mention to  be state on the d of January and also for the payment of the debt due from the  bankrupt to person in a schedule thereunto annex name several of which pretend  debt be not specify by any sum the provision be in general term for payment of  what be due to they the bankrupt not only charge the premise before convey to  kidgell and Oulson with the say pretend debt but also the better to enable  they to pay the same assign several judgement and mortgage to the amount of  pound and also three college lease with a proviso that it shall be lawful for  the bankrupt to give his advice and assistance in settle and adjust the say  pretend debt and the trustee be to pay accord to such adjustment provide the  same appear to be for the good of the estate by other indenture of lease and  release of the that and that of January in consideration of pound therein  mention to be pay the bankrupt by the respondent Knox ware he convey to he  turner hall and five house in Philpotlane part of the premise which he  afterward convey to trustee by the deed of the d and d of may before state and  by another deed date the that of march in consideration of pound therein  mention to be pay to he by the respondent Knox ware he assign even all his  household good to the say respondent By another deed date the that of December  in consideration of pound therein mention to be pay to he by the respondent  Knox ware the bankrupt assign to he several lease of four house in Kirby  street and four house in cross street Hatton garden in the county of Middlesex  with a piece of ground thereunto adjoin and with liberty of renewal as therein  be mention and by a deed poll date the that of November the bankrupt in  consideration of pound therein mention to be pay he by the respondent Knox  ware he assign to the say respondent a debt due to he from one Abraham crop  nun of these several sum be pay by the respondent Knox ware he at that time  have no money of his own and be maintain by his father nor be the sum in the  say respective deed mention a valuable consideration for the premise thereby  assign and convey but the more effectual to cover and secret the bankrupt  effect from his creditor he and his say son without any real or valuable  consideration prevail on the respondent Jones and pile and the say kidgell and  Oulson to convey and assign to the respondent Knox ware several of the estate  debt and effect so convey and assign to they by the bankrupt as aforesaid and  by indenture date the that of June the respondent Knox ware declare that all  account between he and the trustee relate to the trust beforementioned be  settle and brown adjust and for the more speedy payment of the trust debt then  remain unsatisfy he thereby empower the say trustee out of the residue of the  premise comprise in the deed of the that and that of August and d and that of  December to raise money and pay the debt mention in the deed of the d of march  and recite that Knox ware by a account state between he and the respondent  Ralph ware be indebt to the say Ralph ware in the sum of pound S d he subject  the premise in the say several deed of trust to the payment thereof by  indenture quinquepartite date the that of June make between the respondent  Knox ware of the first part the say John ware of the second part the  respondent Jones and pile and the say kidgell and Oulson of the three part the  respondent Thomas Nettleton and Elizabeth his daughter of the four part and  the respondent James Lamborne and George Wallis of the five part recite the  beforementioned deed of trust and that a marriage be then intend to he have  between the say Knox ware and the say Elizabeth Nettleton in consideration  thereof and of pound therein mention to be pay by the say Thomas Nettleton to  the say Knox ware as a marriage portion with his say daughter the say Knox  ware covenant and agree with the say Thomas Nettleton that the residue of the  trust premise not before dispose of by the say trustee shall after payment of  the debt with which they be charge by the aforesaid deed of trust stand charge  with the several yearly sum follow videlicet pound a year to the say bankrupt  during his life if he personal demand the same but not otherwise and after his  death the like sum of pound a year to Rebecca his wife for life brown er p and  pound a year to the respondent Knox ware for life and after his death to pay  pound a year to the respondent Elizabeth until money can be raise out of the  surplus of the say premise for the purchase of land of inheritance of pound a  year which when raise the say Knox ware covenant shall be lie out in such  purchase by the consent of Knox ware if live if not of the bankrupt if live if  not of Ralph ware or the heir of his body and in default of such issue with  the consent of the right heir of Knox ware which land when purchase be to be  convey to Lamborne and Wallis and their heir for year upon the trust after  mention and after the determination of that term to the say Knox ware and the  heir of his body and in default of such issue to the respondent Ralph ware and  the heir of his body and for want of such issue to the right heir of Knox ware  for ever the trust of the year term be for raise pound a year for the bankrupt  during his life if he in person shall demand the same and after his death to  Rebecca his wife and the pound a year to Knox ware and his wife with a power  to raise pound for young child portion and in this deed be a proviso that in  case the residue of the trust estate shall raise more money than will purchase  pound a year the same shall be lie out brown in a purchase of land of  inheritance with such consent as aforesaid to be settle to the use of Knox  ware and the heir of his body and in default of such issue to Ralph ware and  his heir and in default of such issue to the right heir of Knox ware by  another indenture date the same that of June between the respondent Knox ware  of the first part Thomas Nettleton and Elizabeth his daughter of the second  part and James Lamborne and George Wallis of the three part the say Knox ware  agree that the respondent Lamborne and Wallis shall stand seize of the manor  of Woolverston as a collateral security for the raise money to purchase the  pound a year the several debt and annuity pretend to be provide for by the say  several deed of trust be whole or chief fictitious and not due or Payable by  or from the bankrupt at the time of the execution of those deed nor do the  trustee ever act in the say trust otherwise than by execute and sign such deed  and account as be bring to they ready engross by the bankrupt or the  respondent Knox ware which be fictitious account and calculate only to give a  appearance of a consideration to those deed the respondent Knox ware be a man  of no fortune but be keep and maintain by his father and never pay or be able  to pay the consideration mention in any of the aforesaid conveyance from the  bankrupt or the trustee to he which amount in the whole to upward of pound nor  be they valuable consideration for the premise comprise in those conveyance  nor do he pay for the purchase of the office of clarencieux or the estate  purchase of Michael Thompson but the same be pay for by the bankrupt or out of  the bankrupt money nor do the respondent Knox ware receive the pound portion  with his wife as mention in the deed of the that of June but all these  conveyance and purchase be make mere to defraud the bankrupt creditor and with  no other intent whatsoever Knox ware have however possess himself of all the  deed write and security estate and effect of the bankrupt by virtue of these  fraudulent conveyance and assignment and insist to hold the same and appellant  on the that of June file their bill in the court of chancery against the  respondent and other to set aside the say deed and to have all the deed write  and security estate and effect of the bankrupt deliver to they to this bill  the respondent Knox ware and his wife put in a plea and answer and thereby  insist upon the several deed beforementioned and upon their title to the  premise in pursuance thereof which plea on be argue be order to stand for a  answer with liberty for the appellant to except and the benefit thereof be  reserve till the hear of the cause and after exception take the say respondent  put in two other answer and thereby insited that the say John ware be no  bankrupt nor have commit any act of bankruptcy brown the cause be at issue and  several witness examine on both side come on to be hear before the Lord  chancellor Talbot on the that of December brown er p and the debt of Mr  Surtees the petition creditor who sue out the commission appear to be by a  promissory note give by the bankrupt to he for pound date the that of July for  the balance of a account and the appellant have allege by their bill that the  bankrupt have commit a act of bankruptcy before the execution of the deed some  of which be in and one of appellant witness have prove a act of bankruptcy in  a objection be start by the respondent counsel that the commission of  bankruptcy be void insist that John ware appear to be a bankrupt in and be  therefore incapable by law of contract a debt or give a note to the say Mr  Surtees in the year and consequent that the commission of bankruptcy be  unwarrantable sue out upon the petition of a person who be not a real creditor  and though several act of bankruptcy be full prove to be commit by the say  John ware after July and no other commission issue or creditor complain but  all the creditor that the appellant ever hear of come in and prove their debt  under the say commission and though the respondent prove by many witness that  the bankrupt appear public in and insist by their answer that the say John  ware be not a bankrupt yet the Lord chancellor be of opinion that the  appellant bill ought to be dismiss it appear that the bankrupt have commit a  act of bankruptcy before the petition creditor debt accrue his lordship  therefore do not go into the merit of the cause but order that the appellant  bill shall be dismiss without prejudice to their bring a new bill as they  shall be advice the appellant therefore appeal from the decree and on their  behalf it be argue I strange I brown W Hamilton I Gambier that if a act of  bankruptcy secret commit by a person continue in a public course of trade for  several year afterward shall be allow to overturn a commission carry on by the  whole body of the bankrupt creditor who have join in the commission by seek  relief under it and not impeach or oppose by one single creditor it will be of  dangerous consequence to trade and credit for by these mean the several act  make for the relief of creditor may in many instance become a snare and  delusion instead of a relief and protection to they and if this doctrine shall  be establish it will great deter creditor from take out commission which be  attend with very great expense for they never can be sure that a prior secret  act of bankruptcy have not be commit it will also be the high encouragement to  dishonest debtor to commit secret act of bankruptcy on purpose to protect they  from commission or to render they fruitless that though a act of bankruptcy  disable the bankrupt from contract a debt with another person to the prejudice  of creditor prior to the act of bankruptcy if they insist on their priority  yet the bankrupt may contract a debt not only to charge his person but even  brown his effect if they be sufficient to pay the whole or if the prior  creditor do not insist on a preference and if they wave their preference and  allow such person to be a creditor neither the bankrupt himself nor any of his  confederate be at liberty to say he be not a creditor that the several statute  which forbid the issue of commission except on the petition of a creditor for  pound be not in force when this commission issue which be ground on the old  statute authorize a commission to issue on complaint to the Lord chancellor  that a creditor have a right in any event to have his debt pay out of the  effect of his debtor though other may have a preference to he be aggrieve by  the fraudulent concealment of those effect and have a equal if not a great  right to complain than those creditor who be prior to he because he be in  great danger of lose his debt by the concealment and in the present case it be  not prove nor even pretend that there may not be sufficient of the bankrupt  effect to satisfy the petition creditor debt though all the other creditor  shall insist upon a priority but which they have not do as to the merit of the  case it be apprehend that the several deed before state will appear to be  voluntary fraudulent and void as against the bankrupt creditor and though the  article make on the marriage of the respondent Knox ware may seem to be find  on a valuable consideration yet as they rest only in covenant and as the  several conveyance in trust for he be fraudulent and void as against creditor  the article ought not to be set up to their prejudice brown er p on the other  side it be say d rider n fazakerley that the fact on which the present  question turn stand thus the appellant have charge by their bill that John  ware be a bankrupt before the make of any of the deed therein state the first  of which be date in the year and they have prove by Joseph savage who  deposition be read the he deny ware to several of his creditor in the year by  his express order which be unquestionable a act of bankruptcy they also prove  that ware cause himself to be deny to several of his creditor in and in the  intermediate time between these two act become debtor to Surtees on who  application alone the commission of bankruptcy issue the question therefore be  whether this commission thus issue can be maintain if it can then the bill be  clear improper and the order for dismiss it right but if the commission can be  maintain then the appellant will have a right to proceed on the part of the  respondent however it must be contend that the commission be not maintainable  for no commission can issue but upon the petition of some person who have by  law a right to sue for it and every commission issue otherwise and all the  proceed under it be illegal and void nun have a right to sue out a commission  but creditor and such creditor only who can be intend to be defraud by the  bankruptcy but this can be the case of those who do not become creditor till  after the act of bankruptcy be brown commit unless a man can abscond to avoid  creditor when he have none beside those who become creditor after the  bankruptcy commit can be admit to prove their debt or receive a dividend with  the rest under the commission issue and it will be a absurdity to allow a man  to be a petition creditor and yet not capable of relief under the commission  he apply for now though John ware do cause himself to be deny in the year to a  creditor after the debt contract to Mr Surtees yet this be apprehend to be  whole immaterial since he become a bankrupt by the first act which over reach  all intermediate transaction between that and the time of the commission and  as he continue a bankrupt to the time if his second denial of himself in this  can not make he more a bankrupt than he be before or prevent his estate from  vest in legal assignee as from the time of the first abscond but the appellant  be so far from make that to be their case by their bill that they carry the  act of bankruptcy so far back as the year and prove it on purpose to destroy  the intermediate deed and settlement under which the respondent claim as  purchaser on a marriage contract it be therefore hope that the appeal will be  dismiss with cost after hear counsel on this appeal the follow question be put  to the judge who attend accord to order videlicet whether the commission of  bankruptcy issue on the that of November against John ware on the petition of  George Surtees be good and valid in law and the judge have deliver their  unanimous opinion in the affirmative it be order and adjudge that the decree  of dismission shall be reverse and that the court of chancery shall proceed to  hear the cause upon the merit accord to the course of that court pursuant to  this order the cause be hear before the Lord chancellor Hardwicke on the that  of December register lib p when the party be direct to proceed to a trial at  law at the bar of the court of king bench upon the follow issue videlicet  whether John ware become a bankrupt on or before the that day of June and if  the jury shall find that he become a bankrupt before that day the particular  time at which he so become a bankrupt be to be endorse on the record this  issue be accord try and a verdict be find that John ware become a bankrupt on  the that of August on the that and that of November the cause be hear upon the  equity reserve when his lordship order the further hear to stand over that he  may in the mean time be certify by the judge before who the issue be try on  what act of bankruptcy the verdict be find this enquiry have be make the cause  come on again upon the that and that of December follow when the Lord  chancellor declare that he have be inform by the Lord chief justice of the  court of king bench in the name of himself and the rest of the judge before  who the issue be try that no evidence be give on the say trial of any act of  bankruptcy commit by the say John ware on or before the that day of August  beside the make and execute of the indenture of the that and that of August  and that the make and execute of the say indenture be the ground on which the  jury find their verdict his lordship therefore declare viner vol p can by the  name of read v ware that the say indenture of the that and that of August and  all the conveyance assignment and other deed subsequent thereto seek by the  plaintiff bill to be set aside and insist on by the defendant Knox ware and  his wife in their plea except the marriage article of the that of June and the  other indenture of the same date be execute by the say John ware without any  real and valuable consideration and be deceitful contrive with intent to  defraud the just creditor of the say John ware of their debt and also that the  say marriage article of the that of June and the say other indenture of the  same date be fraudulent brown contrive with the like intent and ought to be  deem void as against the say creditor except as to the jointure of pound per  and there by agree to he settle on the defendant Elizabeth the wife of the  defendant Knox ware and the pound thereby provide for portion for the child of  the marriage and such provision of maintenance as be thereby agree on for such  child not exceed the interest of the say portion and therefore it be order and  decree that all the say conveyance assignment and other deed except the say  marriage article and indenture of the that of June shall be set aside in  respect of the plaintiff and the other creditor of the say John ware and that  the defendant the trustee name in the say deed or any of they and the  defendant Knox ware and Ralph ware shall by proper conveyance and assurance at  the expense of the defendant Knox ware convey and assign to the plaintiff the  survive assignee under the say commission of bankruptcy against the say John  ware his heir executor and administrator respective all the manor message and  land and all the good chattel and debt remain in specie or unreceived and all  other the premise comprise or mention in the say several conveyance assignment  and deed or any of they in trust and for the benefit of the creditor of the  say John ware who have seek or shall seek relief under the say commission and  to be distribute and dispose of accord to the statute make concern bankrupt  free from all encumbrance do by they or any of they except the say jointure of  pound per and and the portion and maintenance aforesaid and all proper party  be to join in such conveyance and assurance as the master shall direct and it  be further order that all deed and write relate to any of the say premise in  the custody or power of any of the defendant shall be produce before the  master upon oath and that all the say deed and write except the say marriage  article and indenture of the that of June shall be deliver to the plaintiff  and it be further order and decree that such of the defendant as be possess of  any part of the real or leasehold estate of the say John ware the bankrupt  comprise or mention in any of the say conveyance assignment or deed so set  aside shall deliver possession thereof to the plaintiff and that all the  defendant shall come to a account before the master for so much of the  personal estate of the say John ware and of the rend and profit of his real  and leasehold estate as have be receive by or come to the hand of they or any  of they or to the hand of any other person or person by their or any of their  order or for their or any of their use respective upon or since the say that  day of August and it be order and decree that the say defendant shall deliver  to the plaintiff such part of the say personal estate as be remain in specie  in the custody or power of they or any of they respective in the take of which  account the master be to make to all party all just allowance and particular a  allowance for all such sum of money as they or any of they shall appear to  have pay real and good fide in satisfaction of any of the just debt of the say  John ware before the issue of the commission of bankruptcy against he and if  any of such debt shall appear to have be pay by they or any of they since that  time then they be to stand in the place of the creditor so pay to receive such  dividend or dividend out of the say estate under the say commission of  bankruptcy as such creditor will respective have be entitle to and it be order  and decree that the defendant shall pay to the plaintiff what shall be find  due from they or any of they on the balance of the say account respective but  the make of the conveyance and assurance before direct to be make by the  defendant to the plaintiff be not to be delay by reason of the say account  direct to be take and as to the say marriage article and the other indenture  of the that of June it be order and decree that in respect of the plaintiff  and the other creditor of the say John ware the same shall be set aside as to  all the use trust covenant and clause therein contain except as to the say  annuity or rentcharge of pound per and agree to be settle on the defendant  Elizabeth for her jointure after her husband death and the say sum of pound  thereby agree to be provide for the portion of the child of the marriage and  the maintenance of such child not exceed the interest of their say portion and  the master be to take care that out of the estate before direct to be convey  and assign to the plaintiff or a sufficient part thereof a proper and  sufficient security shall be make to the defendant Elizabeth or to trustee for  her benefit to be approve by the master for the say annuity or rentcharge of  pound per and to commence from and after the death of the say defendant Knox  ware her husband and also a proper and sufficient security to such trustee for  the say sum of pound and such maintenance as aforesaid and it be order and  decree that the say annuity or rentcharge of pound per and and the say sum of  pound and maintenance shall be settle and secure in such manner upon such  trust and subject to such condition power and contingency as be agree upon by  the say marriage article and it be further order that the defendant Knox ware  shall pay to the plaintiff his cost both at law and in equity to this time to  be tax by the master and the consideration of subsequent cost and all further  direction be reserve until after the master shall have make his report jour  vol p brown er p brown er p