case herne all versus to make water June in court Lord chancellor a purchase  of a estate of tenant for life who be outlaw and abscond set aside in favour  of creditor the purchase be make at a undervalue and pen the prosecution at  law against he and with notice thereof the plaintiff be creditor of Mr Cox son  of dr Richard Cox the physician by bind upon who a considerable estate be  settle for his life he be outlaw and abscond and pen the prosecution at law  against he the defendant sir Thomas to make water have notice thereof purchase  his estate for life and give between three and four year purchase for the same  the bill be to be relieve against this purchase as be a trust or else it be  fraudulent it be buy at a great undervalue for the plaintiff it be insist the  purchase be make with full notice of their debt and prosecution at law that  Cox abscond and be not to be meet with at that very time when the purchase be  make that the purchase be at a great undervalue to wit between three and four  year purchase whereas the defendant may have insure his life at per cent  Vernon chancery case for the defendant it be say as to the overvalue that  young Cox at the time of the purchase be very sickly and his estate be not  then worth more to be sell and read some proof to that purpose that there be  no trust but the purchase be absolute and the plaintiff have no lie on the  land the defendant have notice it be true but it be of thing immaterial of  debt that lid not affect the land and if notice of a bonddebt shall be  sufficient to set aside a purchase it will obstruct all sale of the estate of  the person that die indebt per cur the purchase be at a great undervalue as to  purchase at undervalue vide batty v Lloyd ante and case there cite and huddle  up in haste and at a time when young Cox conceal himself from his creditor and  carry another ill circumstance along with it which be that the defendant be a  trustee in the marriage settlement and for he to buy the estate for life of  the husband be to take away the maintenance and support thereby intend and  provide for the wife and child on who behalf he be entrust the subject of  trustee assignee of a bankrupt solicitor and agent purchase the property of  their beneficiary and trust client c have of late be much discuss and in the  result the follow point appear to be full settle that where a single creditor  in case of bankruptcy previous consult as to the mode of the sale become a  purchaser the sale may be set aside and a new sale direct and in case of no  further bid at such new sale then to be hold to his former purchase ex part  Hugh Ves so a assignee under a commission of bankruptcy can purchase for his  own benefit ex part Lacey ibidem in which the authority of Whelpdale v Cookson  ves be doubt so a executor can buy the debt of his testator creditor for his  own benefit ibidem so ex part tanner ex part Attwood Owen v folk cite in not  there et vide in confirmation of the rule on this subject establish in the  precede case ex part Reynolds Ves Lister v Lister Ves ex part James Ves et seq  coal v Trecothick Ves et seq where the subject and its principle be full  consider and investigate by Eldon Lord chancellor and from the whole this  general principle seem to result that a person cloth under whatever character  with the duty of a trustee or so situate that he may by virtue of that  situation acquire a undue knowledge of the value of the subject of purchase in  question shall not while cloth with that character or remain in that situation  be competent to the purchase see also note you to Osmond v Fitzroy p wms that  Edit where the more modern case on this subject be collect and see as to  purchase by creditor under a execution Stratford v Twynam Jacob and all this  with notice of the plaintiff debt and proceed at law which ought to bear some  weight in this case and though the plaintiff security be not such as do  immediate affect the land yet the notice be such and Cox abscond have he be a  trader will have make he a bankrupt and then the defendant will have lose all  his money and so at law where a conveyance be find to be fraudulent the  creditor come in and avoid all without repayment of any considerationmoney and  in equity therefore where the court can decree back the principal and interest  there be no hurt do and a lesser matter in such a case will serve to set a  conveyance aside the court therefore decree the defendant to reconvey upon  payment of his principal and interest and that all creditor that be in equal  degree shall be let in pro rata pay their contribution and that the defendant  may not any long stand any hazard in case young Cox shall happen to die the  plaintiff and such creditor as shall come in be order Vernon chancery case by  the court to give security within three day to redeem the Vernon chancery case  er p defendant Reg lib a fol vide Heathcote v Paignon bro Ch Rep in not where  the principal case be state from the register book