Judges: DODERIDGE, J.
Filed: Jul. 05, 1793
Latest Update: Mar. 03, 2020
Summary: 1. As to the statute of 13 El., 5, p. 317, that a fraudulent deed shall be void against a creditor. The defendant is not within the statute, for he is no creditor , but an officer, and he cannot justify under an allegation that the deed was done fraudulently; and this being a penal law, ought to be construed strictly. It was objected that if the officers of justice were not to be protected, the statute would be of no avail. As to this the sheriff, in case of an execution, justifies that the gift
Summary: 1. As to the statute of 13 El., 5, p. 317, that a fraudulent deed shall be void against a creditor. The defendant is not within the statute, for he is no creditor , but an officer, and he cannot justify under an allegation that the deed was done fraudulently; and this being a penal law, ought to be construed strictly. It was objected that if the officers of justice were not to be protected, the statute would be of no avail. As to this the sheriff, in case of an execution, justifies that the gift ..
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Let the matter be referred to another day, the C. J. being absent. Palm., 415; Palm., 493.
