This section contains the nature of the case and procedural background.

Pierce, a farmer, owed Twyne of Hampshire £400. He also owed another creditor £200, and this creditor brought an action. While the action from the creditor was pending, Pierce sold his sheep to Twyne to pay off his debt. Pierce remained in possession of the sheep, marking and shearing them. The creditor invoked the Sheriff of Southampton to collect the sheep. Twyne opposed their seizure with force. Twyne claimed he was a bona fide purchaser for value, and not inadequate, consideration within the Fraudulent Conveyances Act 1584 (27 Eliz c 4).

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