The remarks which we have already made (k), as to undue personal influence, seem to be as applicable to purchasers as to vendors.

It is also a general rule in equity, that no person "who by being employed or concerned in the affairs of another has acquired a knowledge of his property" (I), or who, in respect of the property to be sold, has a duty to perform which is inconsistent with the duty or interest of a purchaser (m), shall himself purchase such property; nor shall he purchase for himself in another's name; nor shall he himself purchase as agent for another (n); nor, perhaps, even employ a third person to buy as agent for another (o); the rule, however, is subject to particular qualifications hereinafter mentioned.

Nor is such a purchase rendered valid by the fact of the sale having been by auction, or before the Master under a Decree of the Court (p); nor, in the case of a person who by filling a confidential situation has acquired a knowledge of the property, is his capacity to purchase restored by his previous retirement from such situation (q); for his knowledge remains.

The rule has been held to apply to the several cases of

An agent for sale (r):

An agent for the management of property; who can only purchase subject to the onus of proving that he afforded his principal all the knowledge respecting its value which he derived as agent (s):

As to who are relatively incompetent to purchase.

Persons filing a fiduciary-character.

Purchase by, invalid, although by auction, or before the Master.

Rule affects purchases by

Agents:

(k) Page 7.

(l) Sug. 887; Ahearne v. Hogan, 1 Dru. 310.

(m) Greenlaw v. King, 3 Beav. 49.

(n) 9 Ves. 248.

(o) Sug. 890.

(p) Sug. 891.

(q) Carter v. Palmer, 8 Cl. & Fin. 657.

(r) York Buildings Company v. Mackenzie, 8 Bro. P. C. 42; Wood-house v. Meredith, 1 Jac. & W. 204; Barker v. Harrison, 2 Coll. 546; Charter v. Trevelyan, 11 Cl. & Fin. 714; In re Bloyes' Trust, 1 Mac. & G. 488; et vide infra, as to Solicitors and Agents.

An arbitrator, contracting for unascertained claims of parties to the reference (t):

An assignee of a bankrupt; against whom the rule is more than ordinarily stringent (u); and it extends to a purchase by his partner on behalf of the firm (v); the Court has, however, on the petition of a purchasing assignee, directed a reference to the Commissioners to inquire whether the purchase would be for the benefit of the estate, he paying all the costs (w); and, on the report being favourable, has confirmed the sale (x): it has also, under special circumstances, allowed an assignee to be removed, at his own request, in order that he might bid at the sale of the bankrupt's estate (y): where, however, an assignee, who was also second mortgagee of the property, applied for leave to bid, (remaining assignee,) the Court refused the application; but allowed him to name a price at which he might take the property if not sold at the auction (z):

An auctioneer employed to sell the property (a):

A Bishop purchasing an annuity to be charged upon a rectory; he being the person whose consent was required to the sale; although giving a better price than could have been elsewhere obtained (b):

Arbitrators:

Assignees:

Auctioneers:

Bishop whose consent was required to sale.

(s) Cane v. Lord Allen, 2 Dow. 289; Molony v. Kernan, 2 Dm. & W. 31; and see Rossiter v. Walsh, 4 Dru. & W. 485; Murphy v. O'Shea, 2 Jo. & L. 422.

(t) Blennerhassett v. Day, 2 Ball & B. 116.

(u) Ex parte Lacey, 6 Ves. 630; Ex parte Bennett, 10 Ves. 395; Ex parte Alexander, 2 Mon. & Ay. 492;

Turner v. Trelawny, 12 Sim. 49.

(v) Ex parte Burnett, 7 Jur. 116.

(w) Ex parte Gore, 6 Jur. 1118; 3 Mon. D. & De G. 77.

(x) S. C, 7 Jur. 136.

(y) Ex parte Perkes, 3 Mon. D. & De G. 385.

(z) Ex parte Holyman, 8 Jur. 156.

(a) Sug. 887.

(h) Greenlaw v. King, 3 Beav. 49.

A Commissioner of bankrupts (c), although he had ceased to act in the prosecution of the fiat (d):

Commissioners for Inclosure under the general Inclo-sure Act; who cannot purchase any land in a parish in which an Inclosure is made, until five years from the date and execution of their award (e): and a similar disability for the term of seven years affects valuers acting under the Commons Inclosure Act (f):

The Committee of a lunatic's estate; the Court has even refused to confirm a lease to the Committee though approved by the Master as advantageous to the estate (g):

Counsel, who purchased, below their nominal value, charges upon his late client's estate (h), upon the validity of which he had advised:

A creditor of a bankrupt, who had been consulted by the assignees as to the best mode of selling the estate (i):

Executors and administrators, in respect of the personal estate of the deceased (j):

A guardian, purchasing from his ward, immediately on his coming of age; although the price was adequate (k):

A governor of a charity, taking a lease of the charity lands (l):

A mortgagee with a power of sale; who cannot purchase, under the power, either in his own name or through an agent: nor can his agent, who has acted in surveying the property and receiving the interest, purchase on his own account from the mortgagee (m); but the rule does not apply to a purchase of the equity of redemption by the mortgagee from the mortgagor (n); it is, however, usual, although perhaps not strictly necessary, upon a sale under the general order in Bankruptcy, for a mortgagee intending to bid, to apply for leave so to do (o); in the case of a legal mortgage, it appears to have been a common, although improper, practice, for the mortgagee to conduct the sale (p); in such a case, of course, he could not purchase without the permission of the Court:

Commissioners is Bankruptcy.

Commissioners for Inclosure; and Valuers.