Hamilton v. Russell - 5 U.S. 309 (1803)
U.S. Supreme Court
Hamilton v. Russell, 5 U.S. 1 Cranch 309 309 (1803)
Hamilton v. Russell
5 U.S. (1 Cranch) 309
An absolute bill of sale of personalty by an insolvent is fraudulent against creditors unless possession of the property assigned or transferred accompanies or follows the deed. The absence of such possession is not merely evidence of fraud, but is a circumstance, per se, which makes the transaction fraudulent.
The Court is not required to give an opinion upon an abstract question propounded by counsel which does not belong to the cause.
The act of assembly of Virginia which governs this case appears, as far as respects fraudulent conveyances, to be intended to be coextensive with the acts of 13 and 27 Elizabeth, and those acts are considered as only declaratory of the common law. The decisions of the English judges therefore apply to this case.