Hampson v. Stanfield

In the brief of appellee it is stated: “There are no intricate questions of law involved in the case and very few questions of fact.” The writer has found the question of law a perplexing one. Did the transferee, Stanfield, take the beneficial interest in the property subject to an equitable charge, or was a trust created?

More than a century ago Lord Eldon, in King v. Denison, 1 Ves. and B. 260, was troubled with the same question, and stated the distinction between a trust and an equitable charge:

“. . .. I will here point out the nicety of distinction, as it appears to me, upon which this…