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Twyne’s Case

Court of Star Chamber
76 Eng. Rep. 809 (1601)


Facts

Pierce (debtor) owed Twyne (creditor) £400 and owed C (creditor) £200. C sued Pierce for the debt. Pierce then secretly agreed to transfer all of his goods, amounting to £300, to Twyne. Pierce, however, kept possession of the goods and continued to use them. C obtained a judgment against Pierce, and the sheriff obtained a writ of execution. At Twyne’s direction, Twyne’s representatives resisted the sheriff’s attempts to enforce the writ and claimed that the goods in question belonged to Twyne, not Pierce. The issue before the court was whether Pierce’s transfer of his goods to Twyne was fraudulent.

Rule of Law

Issue

Holding and Reasoning

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