SILVA  v. MACK.

D. C, Colombo, 61,400.

 (Roche Victoria's case.)

Fraudulent deed-Want of consideration-Insolvency of grantor-Creditors, antecedent and subsequent to date of deed-English law and Roman-Dutch law-Ordinance No. 7 of 1853, s. 58.

A bond given without consideration by a person in a state of insolvency is void, as a fraud upon all persons who were creditors at its date and prejudiced by it.

A deed cannot be set aside as fraudulent by a creditor who becomes such after the date of the alienation, unless it be proved to have been made with an intention to defeat future creditors.

THE following judgment of the learned District Judge (Mr.    Berwick), delivered on June 22, 1874, fully sets out the facts of the case.

"This is an action against the administrator of the estate of the late Roche Victoria by an alleged creditor on a bond by the intes­tate dated 25th January, 1867, for Rs. 7,150 and interest. The libel sues for this sum and interest from the date of the bond, total Rs. 11,938, and prays that 64 shares of the ship Geraldina Alexandrina Roche, specially mortgaged therefor, may be declared executable for the claim. The plea of the administrator is that the bond was voluntary and without consideration, and fraudulently made to defeat creditors. It does not specify any particular

creditor as prejudiced or intended to be defrauded. The replication is a traverse and demurrer. A question having arisen whether an administrator could maintain such a plea, setting up as a defence the fraud of the party he himself represents, certain creditors of the deceased were allowed to intervene against the plaintiff, and in their libel of intervention have repeated the plea of the adminis­trator. These creditors are Cargill & Co., Armitage Brothers, and E. Labroy, executrix of the estate of the late Mr. Lorenz.

" As to the want of consideration and indebtedness generally. The bond is dated January, 1867. The consideration set up is an anterior and old loan said to have been made in March, 1861, of £250; another loan in September, 1866, of £220; compound interest on these loans from 1861 till the date of the bond, at 15 per cent., £245, making a total of £715.

" It is admitted that no security of any kind was given for these loans till 1867 ; that there was no document of any kind to vouch them ; no witness of the payments ; no evidence whatever of them beyond the unsupported statement of the plaintiff, who is the deceased's son-in-law and a party in