The two acts are not inconsistent or repugnant. The grantor had the intention to delay or defeat his creditors. Apart from that situation, intention to delay or defeat creditors is a question of fact. The court must look at all the circumstances surrounding the conveyance. The court is entitled to draw reasonable inference from the proven facts to ascertain the intention of the grantor in making the conveyance.
Suspicious circumstances surrounding the conveyance require an explanation by the grantor.
That the conveyance had the effect of delaying or defeating the creditors. This too is a question of fact. The plaintiff must first obtain a judgment 2 against the debtor prior to commencement of proceedings to set aside the conveyance under the Statute of Elizabeth and must on the application to set aside adduce sufficient evidence to enable the court to make a finding that the conveyance had the effect of delaying or defeating the creditors. P.O. Box 1200, Dartmouth, Nova Scotia.