Legal Opinion

Wiscart v. Dauchy

Supreme Court of the United States

Decided August 15, 1796PublishedCited by 1 opinion

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

  1. Wiscart v. DauchySupreme Court of the United States · 1796

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