Legal Definition and Related Resources of Fraudulent Conveyance

transfer made by debtor with intent to hinder, delay or defraud his creditors by placing debtor’s property beyond creditor ‘s reach; transfer characterized by lack of fair and valuable consideration .

A conveyance, the object, tendency, or effect of which is to defraud another, or the intent of which is to avoid some duty or debt due by or incumbent on the party making it. 2 Kent, Comm. 440; 4 Kent, Comm. 462. There must be: ,(a) A creditor to be defrauded; but subsequent creditors are entitled to impeach a conveyance for fraud. 118 Mass. 527. (b) A conveyance by the debtor; but the form of the conveyance is immaterial. 89 Ind. 117. (c) Of property of value, out of which the creditor could have made a portion of his claim. 46 Mich. 243; 52 Vt. 45; 67 Me. 183. (d) With intent to hinder, delay, or defraud (88 N. Y. 669) ; but the fraud may arise from the nature and necessary result of the transaction, without regard to the actual intention of the parties (108 111. 502). Statute of Fraudulent Conveyances. Fraudulent conveyances received early attention; and the statutes of 13 Eliz. c. 5, and 27 Eliz. c. 4, made perpetual by 29 Eliz. c. 18, declared all conveyances made with intent to defraud creditors, etc., to be void. This statute, on which all subsequent legislation has been patterned, defined a fraudulent conveyance as “a conveyance, the object, tendency, or effect of which is to avoid some duty or debt due by or incumbent upon the party making the conveyance.” By a liberal construction, it has become the settled English law that a voluntary conveyance shall be deemed fraudulent against a subsequent purchaser, even with notice. 9 East, 69 ; 2 Sharswood, Bl. Comm. 296; Roberts, Fraud. Conv. 2, 3. Voluntary conveyances are not so construed in the United States, however, where the subsequent purchaser has notice, especially if there be a good consideration. 2 Gray (Mass.) 447. These statutes have been generally adopted in the United States as the foundation of all the state statutes upon this subject. 1 Story, Eq. Jur. 353; 4 Kent, Comm. 462, 463.

Browse or run a search for Fraudulent Conveyance in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Fraudulent Conveyance in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Fraudulent Conveyance in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Fraudulent Conveyance in the Legal Abbreviations and Acronyms Dictionary.

You might be also interested in these legal terms:

Browse

You might be interested in these references tools:

This definition of Fraudulent Conveyance is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

<

Fraudulent conveyance in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of fraudulent conveyance.

Resources

See Also

• Law Enforcement Officer
• Police Work
• Law Enforcement Agency

Further Reading

• fraudulent conveyance in A Dictionary of Law Enforcement (Oxford University Press)
• fraudulent conveyance in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

English Legal System: Fraudulent Conveyance

In the context of the English law, A Dictionary of Law provides the following legal concept of Fraudulent Conveyance : A transfer of land made without valuable *consideration and with the intent of defrauding a subsequent purchaser. An example of fraudulent conveyance is when A, who has contracted to sell to B, conveys the land to his associate C in order to escape the contract with B. Under the Law of Property Act 1925, B is entitled to have the conveyance to C set aside by the court.