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SALE OF LAND BY AUCTION ACT 1867 - SECT 4

Sales of land invalid in law from employment of a puffer to be also invalid in equity.

4. And whereas there is at present a conflict between Her Majesty's courts of
law and equity in respect of the validity of sales by auction of land where a
puffer has bid, although no right of bidding on behalf of the owner was
reserved, the courts of law holding that all such sales are absolutely
illegal, and the courts of equity under some circumstances giving effect to
them but even in courts of equity the rule is unsettled: And whereas it is
expedient that an end should be put to such conflicting and unsettled
opinions: From and after the passing of this Act whenever a sale by auction of
land would be invalid at law by reason of the employment of a puffer, the same
shall be deemed invalid in equity as well as at law.

© 1867 Crown Copyright

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