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Twyne’s Case, 76 Eng. Rep. 809 (1601)

Sheep farming can be a tough business, but is transferring your entire flock to your friend to avoid paying your creditors a cunning move or just plain fraud? Twyne’s Case of 1601 answers this question as we explore the foundation of modern fraudulent conveyance law with a woolly twist.

Pierce, a sheep farmer, owed his friend Twyne £400. Pierce also owed another creditor £200. The creditor sued Pierce to collect the debt.

Pierce secretly transferred all his property, which was mostly sheep worth about £300, to Twyne. Pierce, however, maintained possession of the sheep and continued to brand, shear, and even sell them.

The creditor obtained a judgment against Pierce and a writ directing the local sheriff to collect Pierce’s property in satisfaction of the debt. When the sheriff attempted to execute the writ and collect the sheep, Twyne directed his men to resist. Twyne claimed that the sheep belonged to him, as he was a bona fide purchaser for value.

The creditor went before the Court of Star Chamber, alleging that Pierce fraudulently transferred his property to Twyne, and asked the court to avoid the transfer. The court considered the case.

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