624  SALB  OF  ASSIGNED  PBOPEBTY.    [OHAP.  XXXY,

case,  the  failure  to  iK)tify  any  of  the  creditors  of  the  time  and
place  will  not  warrant  the  inference  that  the  sale  was  fraud-
ulent as  to  one  of  the  creditors  provided  for,  who  attended
and  purchased  property ;  and  the  grantor  who  assents  to  the
sale  cannot  upon  that  ground  defeat  an  action  by  the  pur-
chaser for  the  recovery  of  the  articles  sold.^

§  413.  Disability  of  Assignee  to  Pwrchase. — ^The  general
rule,  as  now  settled  in  England,^  is  that  a  trustee  for  sale  is
disabled  from  purchasing  the  trust  property,^  whether  it  be
real  estate  or  chattels  personal,*  whether  the  purchase  be
made  in  his  own  name  or  in  the  name  of  a  trustee,*  by  pri-
vate contract  or  public  auction,*  from  himself  as  the  single
trustee,  or  with  the  sanction  of  his  co- trustees ;  ^  for  he  who
undertakes  to  act  for  another  in  any  matter  cannot,  in '  the
same  matter,  act  for  himself.®  The  situation  of  the  trustee
gives  him  an  opportunity  of  knowing  the  value  of  the  prop-
erty, and  as  he  acquires  that  knowledge  at  the  expense  of


*  Haynes  y.  Critchfield,  7  Ala.  189 ;  and  see  Lamb  y.  Gtoodwin,  10  Ired.  L.
320.
'  What  follows  in  the  text,  to  Pftge  6S6,  is  chiefly  taken  from  the  yalaable
treatise  of  Mr.  Lewin  on  Trusts  andTmstees,  repablished  in  the  Philadelphia  Law
Library,  1839.    See  Perry  on  Trusts,  §§  195, 199.
