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An elderly woman conveyed two cottages to her brother-in-law, on the understanding that she would be allowed to live in one of them rent-free. When the brother-in-law tried to evict her, she argued that she had an Equitable interest in one of the cottages. This view was upheld by the Court of Appeal because, although in general the creation of a trust of land, on any interest in land, must be proved by writing (s.53(1)(b) of the LPA1925), it was held that a Constructive Trust arose in her favour, and such a trust is exempted by s.53(2). See also rochefoucault v boustead (1897).