case hampton versus spencer e contra may in court Eq can ab pl pl S c  plaintiff for pound convey a estate absolute to the defendant and bring a bill  to redeem defendant insist the conveyance be absolute but confess that after  the pound pay with interest it be to be in trust for the plaintiff wife and  child plaintiff reply to the answer and no proof of the trust yet decree the  trust for the benefit of the wife and child Hampton in consideration of pound  pay by the defendant Spencer convey a house and surrender a copyhold estate to  the defendant and his heir the bill be for a reconveyance on payment of the  remainder due of the pound and interest Vernon chancery case the defendant by  answer insist that the conveyance be absolute to he and his heir without  Vernon chancery case er p any proviso clause or agreement that the plaintiff  may redeem c but confess it be in trust that after the pound with interest be  pay defendant shall stand seize for the benefit of the plaintiff wife and  child although no such trust be declare by write for the plaintiff it be  insist that he have reply to the Vernon chancery case defendant answer who  have not make any proof of such pretend trust he be bind by his confession  that he be not to have the estate absolute to himself and no regard ought to  he have to the matter set forth in avoidance of the plaintiff demand because  the defendant have not prove it Ant can yet the court decree the trust for the  benefit of the wife and child the plaintiff by a order for that purpose sue in  form a poor man and by a order that April Reg lib a fol the cause be to be  hear the first day of pauper cause in Trinity term then next No entry however  appear till the that may where the cause appear to have receive a hear before  the master of the roll that July precede who by the decree as there state  order a account as in the usual way in case of redemption and also of money  due to Spencer for the maintenance of the plaintiff hampton child and  afterward the court be to give direction touch the conveyance to be make by  Spencer to Hampton of the premise in question the cause come on the say that  may for a rehear when the counsel for the plaintiff insist that the account  ought not to have be so order and that it ought not to be inquire into before  the master whether the consideration money be pay or not be not only  acknowledge by the plaintiff in the deed but also swear in the defendant  answer and it be state that by the order the trust repose by the plaintiff in  Spencer for the benefit of the child be annul and discharge the deed and the  circumstance of the trust be not state the decree in it all be that the court  see no cause to put the say defendant Spencer to prove actual payment of the  say pound consideration money in the say deed after fourteen year stand but  that the same ought to be take and admit as pay by he and that there be no  reason at the time the say deed be make for Spencer to declare any trust  though the same have be voluntary and so there can be no result trust to the  plaintiff but the say estate ought to go as the say Spencer have declare it in  his answer and after he be reimburse what he have pay and expend the say  estate to be for the benefit of the say hampton child and in take the account  the master be hereby direct to allow the say defendant Spencer the say pound  and interest and what money he have expend for and on behalf of the say  hampton child and after the say Spencer be satisfy what shall be find due to  he on the say account he the say Spencer and his heir be to stand seize of the  say premise to the use of the plaintiff the child of the say plaintiff Hampton  and of their heir and assign for ever Reg lib a fol as to the doctrine of  court of equity consider absolute conveyance as mortgage vide powell law of  mort