A Treatise On the Statutes of Elizabeth Against Fraudulent Conveyances : the Bills of Sale Acts, 1878 And 1882 ; And the Laws of Voluntary Dispositions of Property ; With An Appendix Containing the Above Acts And Some Unpublished Cases (1700-1733) From Th

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1035.
(e) 17 Q. B. 724. (J) 6 Kep. 72 a.
(5331) 246 WHO ARE PURCHASERS Difference between purchaser from heir and from devisee.
Grantor of voluntary deed and vendor must he same person.
So too in America.
Death of settlor after contract for sale.
when he had made his will in 1844, had no estate which he could devise to Thomas Morse; and if the devisee took nothing, how is it possible that he can convey any- thing to a purchaser ?
There is some difference between the case of a pur- chaser from a
...n heir and that of a purchaser from a de- visee; in the former case the ancestor has done no act [ * 241] whereby he has shewn any intention * to re- pudiate his voluntary conveyance, whereas in the latter the testator has done such an act by the devise in his will. But that act of devising does not shew any inten- tion in his mind to sell the property, nor that his devisee shall sell it, and therefore no inference of an intention to defraud purchasers by the voluntary conveyance can be raised by reference to the time of the voluntary con- veyance being made.

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