Rochefoucauld v Boustead [1897]

R could not afford to pay his mortgage debt, so B
agreed orally to buy the estates from the mortgagee and hold them on trust for
R subject to R paying off the purchase price.
B then sold the estates at a profit, but did not
account to R.
Then B went bankrupt.
Contended on behalf of B that there was no trust,
relying on the Statute of Frauds which stated writing required.
But Court of Appeal enforced the oral trust, because
it would be fraud for a person taking the land as trustee to plead the statute
and keep the land.
So decision means that in the case of fraud, oral evidence
is admissible to establish the trust, in spite of the statute.