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Twyne's Case

Court of Star Chamber

76 Eng. Rep. 809 (1601)

Relevant factsFree

Debtor Pierce owed both Twyne and a creditor C, and after C sued and was pursuing a judgment against him, Pierce secretly transferred all his goods (worth £300) to Twyne while retaining possession and continuing to use them as before; when C obtained judgment and the sheriff attempted to execute a writ against the goods, Twyne's representatives resisted, claiming the goods now belonged to Twyne rather than Pierce.

IssueFree

Whether, under English common law, a transfer of property to repay an existing debt is a fraudulent conveyance if the transfer was not made in good faith.

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