Wiscart v. Dauchy
Supreme Court of the United States
ERROR to the Circuit for the Virginia Diftrift. ' The original proceeding was on the Equity fide of the Court below, where the Defendant in Error had filed a bill, charging Adrian Wfcart and Augujline De Neufuille, Co-partners,-wirh having fraudulently conveyed all their eftate, real and;perfonal, by three (aparate deeds, to Peter Robert De iteufuille (who was alfo made a.Defendant to the bill) with a view to prevent the;Complainant’s recova ing the amount of a decree, which…
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ERROR to the Circuit for the Virginia Diftrift. ' The original proceeding was on the Equity fide of the Court below, where the Defendant in Error had filed a bill, charging Adrian Wfcart and Augujline De Neufuille, Co-partners,-wirh having fraudulently conveyed all their eftate, real and;perfonal, by three (aparate deeds, to Peter Robert De iteufuille (who was alfo made a.Defendant to the bill) with a view to prevent the;Complainant’s recova ing the amount of a decree, which lie had formerly obtained in another fuit againft them. The an-; fwers averred the conveyances to be made bona fide,…
1Opinion of the Court
By the Court
The decree ftates, that certain convey-
anees are fraudulent; and had it flopped with that general de-tdaration, fome doubt might reafonably b.e entertained, whether it was not more properly an inference, than the ftatement of a fait; fince fraud muft always principally depend upon the quo animo. But the court immediately afterwards proceed to deferibe the fraud, or quo animo, declaring, that “ the conveyances were intended to defraud the complainant, and to prevent his obtaining fadsfaition for a juft demandwhich is not an inference from a fait, bufa ftatement of the fail itfelf.…
2Cited by1 opinion
- Wiscart v. DauchySupreme Court of the United States · 1796