Conveyancing Act, 1634

Fraudulent conveyances, incumbrances, &c. to deceive purchasers, void as against them.

FORASMUCH as not onely the King’s most excellent Majesty, but also divers of his Highnesse good and loving subjects, and bodies politique and corporate, after conveyances obtained, or to be obtained, and purchases made, or to be made, of lands, tenements, leases, estates and hereditaments, for money or other good considerations, may have, incurre, and receive great losse and prejudice, by reason of fraudulent and covenous conveyances, estates, gifts, grants, charges and limitations of uses heretofore made or hereafter to be made, of, in, or out of lands, tenements, or hereditaments so purchased or to be purchased; which said gifts, grants, charges, estates, uses and conveyances were, or hereafter shall be meant and intended by the parties that so make the same, to be fraudulent and covenous, of purpose and intent to deceive such as have purchased or shall purchase the same, or else by the secret intent of the parties, the same to be to their owne proper use, and at their free disposition, coloured neverthelesse by a fained countenance, and shew of words and sentences, as though the same were made bona fide for good causes, and upon just and lawfull considerations. For remedy of which inconveniences, and for the avoyding of such fraudulent, fained, and covenous conveyances, gifts, grants, charges, uses and estates, and for the maintenance of upright and just dealing in the purchasing of lands, tenements and hereditaments; Be it ordained and enacted by the authority of this present Parliament, That all and every conveyance, grant, charge, lease, estate, incumbrance and limitation of use, or uses, of in or out of any lands, tenements, or other hereditaments whatsoever had or made any time heretofore sithence the beginning of the raigne of King James, his Majesty of famous memory, or at any time hereafter to be had or made, for the intent and purpose to defraud and deceive such person or persons, bodies politique or corporate, as have purchased, or shall afterwards purchase in see simple, see tayle, for life, lives or years, the same lands, tenements, and hereditaments, or any part or parcell thereof so formerly conveyed, graunted, leased, charged, incumbred or limited in use, or to defraud and deceive such as have, or shall purchase any rent, profit or commodity, in, or out of the same, or any part thereof, shall be deemed and taken only as against that person or persons, bodies politique and corporate, his and their heires, successors, executors, administrators and assignes, and against all and every other person and persons, lawfully having or clayming, by, from or under them, or any of them, or to their, or any of their use or uses, which have purchased, or shall hereafter so purchase, for money or other good consideration, the same lands, tenements, or hereditaments, or any part or parcell thereof, or any rent, profit, or commodity in, or out of the same, to be utterly void, frustrate, and of none effect; any pretence, colour, fained consideration, or expressing of any use or uses, to the contrary notwithstanding.