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Twyne's Case : ウィキペディア英語版 | Twyne's Case
''Twyne’s case'' (1601) 76 ER 809 is a UK insolvency law case, concerning a fraudulent conveyance. Representative of earlier English law, it was considered that any non-possessory property interest was a fraudulent Act. At the time, the law only recognised the mortgage and the pledge. A charge on property in possession of another was not allowed. ==Facts== Pierce, a farmer, owed Twyne of Hampshire £400. He also owed another creditor £200, and this creditor brought an action. While the writ was pending, Pierce sold his sheep to Twyne to pay off his debt. However, Pierce remained in possession of the sheep, marking and shearing them. At the other creditor’s instance, the Sheriff of Southampton came to collect the sheep. Twyne and his acquaintances resisted this. Twyne argued that he was a bona fide purchaser for valuable, and not inadequate, consideration within the Fraudulent Conveyances Act 1584 (27 Eliz c 4).
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