Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1817-10-29
ALEXANDRIA, GAZETTE
IND U.lILT ADVERTISER.
WEDNESDAY, OCT0BER 90, 1917.
From the ". L, Il. Post, October "a.
LAW OPINION.

We request the attention of our
readers, particularly the mercantile
class, to the very interesting opinion
of Judge Emo:t. in a case Of alleged
fraud. They will find there the OPT
Mon of an able Judge, and his senti.
meats respecting cases of too frequent
recurrence among US, expressed in
language so precise and perspicuOns
that every man can comprehend it at
a glance. Well Gnes he observe that
"Fraud, under color and pretence Of
law, and committed with the forms Of
law, is the worst of all fraud" We
may appeal to almost every man of
business in this city. if he has not had
abundant reason, within two years, to
feel the full force of this observation.
How much is it to be lanented that
there are Judges who give us reason
TO suppose that they hold the converse
of this proposition, and think, that
provided the forms of the law are but
Complied with, fraud no longer de-
Serves the name Of fraud, but loses all
its turpitude and all its infamy.
Opinion of the hon. James Emott. first
Jadgc Of Duchess common pleas.
Richard Dc Witt, This cause comes
vs.. before the court
selah Pike. on a motion to set
aside the Judgment, which is one by
confession Or in case that is denied,
for an issue to try a charge OF fraud
in relation to the paymcut craving
out of an alleged want OF considera-
ton. and the situation OF the parties.
As Far as relates b this court. the
application is novel but by No means
unexpected. ithas lately been SO much
the custom with US, for fraudulent debt
ors 10 fence against their just credi-
tors, by the means OF Judgment by
confession, that it is matter OF sur
prise the validity or cffett of such
Judgments have not before been made
the subject of Investigation. No soon
er nov does man undertake to fail
for bad purposes, than he flies to ihe
courts to shield his property. and to
defeat the demands and the remedies
OF his Just and honest creditors ;judg-
ments are entered in favor of pretend
ed creditors, sham sales take place,
and the debtor with his property at
his controul, puts at defiance his real
creditors. 10 use the process Of
courts for such purposes, is to poison
justice at its very source. Fraud UNI
der colour and pretence OF law, and
committed with the forms of law, is
the worst of all fraud and it behoves
courts to view steadily, and to oppose
firmly. every attempt to turn them
or their proceedings into engines Of
fraud, chicanery, or oppression.
But, though new here, these appli-
cations have long since been recogni-
zed and adopted by our supreme court.
In the case of Frasier Il Frasier, G..
john So the court declared they had
an equitable jurisdiction over judy
ments entered upon bonds and war
rants of attorney, and in that case an
issue was awarded to try the charge
OF fraud, it being denied by the affida-
fit of the plaintiff. Indeed the statute
Of frauds, which for the avoiding
and abolishing Of all feigned, coyenous
and fraudulent enfeOffments, gifts,
suits, alterations. conveyances, bonds,
grants, judgments and executions,
which arc devised and cOntrived Of
malice. fraud, GOWN, or COLLISION or
guile, to the end, purpose and intent
to delay, hinder, TOR dcfraud creditors
of their just and lawful actions, suits.
accounts, damages, penalties. foriel-
lures and demands, not only to the
let or hindrance of the due course OF
law and justice, but also to the over
throw of all true and plain dealing,
bargaining and chcyisance between
man and man, without which no COM
monweaiih, or civil society, can De
maintained OF continued" declaring
among other things, " all and every
bond, salt, Judgment aud execution,
TO be had o. made to or for any intent
or purpose before declaredand express
sed, against the party whose actinn'
suit, debt, account. damages, penal
ties, forfeitures and demands, by such
euilcful, covenous, or fraudulent dc
vices mr. practices as aforesaid, are IN