being within the mischief intended to be remedied by these acts, were not comprehended under the general words, lands, tenements, and hereditaments. Lord Mansfield obferved, there was great reason to say, that the ftatute 17 Eliz. does extend to copyhold estates ; but it was ftrange that fuch a point should be first agitated at that time. He fhould rather think it had been taken for granted, that the statute does extend to copyhold estates, because in being fo conftrued, it can work no prejudice to the lord: and the object of the statute was, to fupprefs fraud, but it was not neceffary abfolutely to determine that question, Doe v. Routledge, Voluntary Conveyances are binding on the Party. § 76. The ftatutes 13 and 27 Eliz. only avoid voluntary conveyances, as againft creditors and fubfequent purchasers; and therefore the perfon making a voluntary conveyance, and all those claiming under Treat. of Eq. him, are as much bound by it, as if it was made for a valuable confideration. The § 77. A. made a voluntary conveyance to B., and afterwards made a mortgage of the fame lands. firft deed, on a trial at law, was found to be fraudulent, B. exhibited his bill to redeem the mortgage. It was decreed, that though the deed to B. was fraudulent, because quoad the mortgage money and pro tanto, it was voluntary, yet it was good as to the equity of redemption, and would pafs it; for a voluntary deed is good against the party who makes it, and his heirs, though not against a mortgagee, B. 1. c. 4. f. 12. Rand v. 101, Goodwin v. Durefs. 2 Inft. 482. Id. 483. Equity avoids Deeds obtain ed by Fraud. § 78. Where there are two voluntary conveyances executed, the Court of Chancery will not relieve the latter against the former; and in such a case, he who has the cftate by law fhall hold it. § 79. All deeds made by perfons under durefs of imprisonment, or durefs per minas, is void. Thus, if a perfon is put under any illegal restraint or confinement, until he executes a deed, he may alledge this durefs, and thereby avoid the deed. But if a man be lawfully imprisoned, and either to procure his difcharge, or on any other fair account, executes a deed, he will not be allowed to avoid it, § 80. If a man, through a reasonable and well founded fear of death, or mayhem, or lofs of limb, is prevailed upon to execute a deed, he may afterwards avoid it. But Lord Coke fays, it is otherwise where a deed is executed for fear of battery, which may be very light, or burning his houses, or taking away, or destroying his goods, or the like, for there may have fatisfaction by recovery of damages. he § 81. Although the courts of common law have a jurifdiction in all matters of fraud, and may set aside deeds upon that ground; yet the ufual practice has long been to feek redrefs in equity, against deeds that have been fraudulently obtained, because a court of equity will allow of a great number of averments, and will admit of feveral kinds of evidence, which are not permitted in courts of law. $ 82. The S82. The cafes which have been decided on this head are fo various, and each of them depends fo much on its own particular circumftances,; that it would be impoffible to deduce many general principles from them. It may, however, be laid down, that ignorance and mifapprehenfion of the party, is a ground on which courts of equity have sometimes avoided a deed. But equity will not interpose if the fact was from its nature doubtful, or equally unknown to both parties at the time of the agreement. Treat. of Eq. B. 1. c. 2. f. 7. § 83. It is not every furprise that will avoid a deed Idem f. 8. duly made, nor is it fitting, for it would occafion great uncertainty, and it would be impoffible to fix what was meant by furprise, for a man may be faid to be surprised in every action which is not done with fo much discretion as it ought to be: but the furprise here intended must be accompanied with fraud and circumvention, and then it must be proved; for fraud is a thing odious in law, and never to be prefumed. § 84. Inadequacy of confideration is a gronnd upon Idem f. 9. & which equity has fometimes avoided a deed; provided it be fuch as to fhew that the perfon did not under- price 10. Gwynne v. Heaton, 1 Bro. Rep. 1. Vide Bro. price is a ground for a court of equity to annul an agreement, though executory, if the fame appear to have been fairly entered into, and understood by the parties, and capable of being specifically performed. Still lefs does it feem to have been confidered as a Parl. Ca. Tit. ground for refcinding an agreement actually exe Fraud. cuted. § 85. Bonds or beneficial leases, taken as rewards for procuring marriages, will be fet aside in equity; because such tranfactions tend to corrupt executors, trustees, guardians, and others connected with perfons of fortune, to betray them into improper marriages. § 86. Weaknefs of understanding is also a ground upon which a court of equity will invalidate a deed; but Lord Thurlow has obferved that there is an infinite, nay, almost infurmountable difficulty in laying down abstract propofitions upon a subject which depends upon fuch a variety of circumftances, as the legal competency of the mind to the act in which it is engaged, if its competency be impeached by positive evidence of an anterior derangement, or affected by circumstances of bodily debility, fufficiently strong to lead to a fufpicion of intellectual incapacity. § 87. If a woman, on the point of marriage, charges or conveys away her eftate to a stranger, fuch charge or conveyance will be decreed to be void, being in fraud of the right which the husband acquired to his wife's property by the marriage. $ 88. Thus, S88. Thus, a recognizance entered into by the wife the day before her marriage, was fet afide, and a perpetual injunction granted, though one witness depofed the husband's confent to the drawing it, but that witnefs had an affignment of it to himself. § 89. So, where a widow made a conveyance of her former husband's eftate, prior to her marriage, and without the privity of her second husband; it was decreed, that the second husband should enjoy the estate notwithstanding. § 90. It has been determined on the fame principle, that a conveyance made by a woman before her marriage to trustees, for her feparate ufe, without the privity of her intended husband, will be void, as against the husband. Dorset, 2 Vern. 17. § 91. Lady Dayrell, before her marriage, conveyed Carleton v. away her estate without the privity of her intended hufband, to trustees for her separate ufe. It was decreed, that the husband should have the poffeffion of the estate. Fofter, 2 Vef. 264. § 92. Lord Hardwicke has faid, that if a woman Blanchet v. about to marry, gives away a part of her property, or gives a fecurity or affignment, they are relievable against in Chancery. But where a debt is contracted for valuable confideration, though concealed from the husband, it is no fraud on the marriage. § 93. Where a widow affigned over the greater part of her property to trustees, in trust for herself during King v. Cotton, 2 P. W. 358. her 674. |