Stafford v M'Laurin
| Jurisdiction | Scotland |
| Judgment Date | 17 December 1875 |
| Date | 17 December 1875 |
| Docket Number | No. 28.,No. 48. |
| Court | Court of Session |
Lord Shand. B., Lord President.
Issue—Reduction—Error.—
A father and mother aged respectively seventy-eight and seventy-five years brought an action against a daughter and her husband to reduce an irrevocable disposition granted by the pursuers six months before, whereby, subject to the pursuers” liferents, and certain burdens, the parents” moveable estate, and a liferent of heritage, were conferred upon the daughter in consideration of her, in time coming, assisting the mother in the management of a hotel. The pursuers averred that the deed was executed under essential error on their part, they believing that the deed was a revocable testamentary deed making alterations upon a prior settlement in accordance with instructions given by them to their law-agent, while, in fact, it was irrevocable and not in accordance with these instructions; and further, that the error had been induced by the defenders in instructing the law-agent, and by the law-agent, or by one or other of them; and further, that the error had been fraudulently induced by these parties. The pursuers pleaded—(1) essential error, (2) essential error induced by the defenders, (3) fraudulent impetration. Held that besides an issue of fraud the pursuers were entitled to the issue ‘whether the pursuers in granting the disposition were under essential error as to the substance and effect of the said deed,’ without the addition of the words ‘induced by the defenders,’ as contended for by the defenders.
This action was raised in May 1875 by Mrs Agnes Ferguson or M'Laurin, wife of Ronald M'Laurin, sometime merchant in Oban, and residing there, and by her husband for Ms own interest, and as adininistrator-in-law for his wife, to reduce a disposition granted by Mrs M'Laurin,with consent of her husband, on 12th November 1874.
The pursuers called as defenders their daughter, Mrs Janet M'Laurin or Stafford, wife of John Francis Stafford, M.D., residing at Pollokshields, Glasgow, and her husband, and several other persons having an interest in the deed.
Dr and Mrs Stafford alone defended the action.
The grounds of action were set forth in the following plea:—The pursuers are entitled to decree of reduction as concluded for—(1) Because the said deed was signed by them under essential error. (2) Because in signing the said deed the pursuers were under essential error induced by the said Dr and Mrs Stafford and Robert Lawrence (the law-agent who prepared the deed), or one other of them. (3) Because the said deed was obtained from the pursuers by fraudulent concealment practised by the said Dr and Mrs Stafford and Robert Lawrence, or one or other of them. (4) Because the said deed was obtained from the pursuers by false and fraudulent representations as to its tenor and effect made by the said Dr and Mrs Stafford and Robert Lawrence, or one or other of them.
The pursuers averred—(Cond. 1) ‘The pursuer Mrs Agnes Ferguson or M'Laurin, and the pursuer Ronald M'Laurin, who are respectively seventy-five and seventy-eight years of age, were married in the year 1825. At that time Mr M'Laurin had a general store in Oban, and also acted as a carrier between Glasgow and Oban. He was able to read and write in Gaelic, but understood very little English. He was upwards of twenty-five years of age before he understood English at all, and, up to the present time, he has been much more familiar with Gaelic. His hearing has been defective for a number of years. Mrs M'Laurin cannot write, never having been taught.’
The pursuers further stated that after their marriage Mrs M'Laurin took the management of the store till about 1845, when she left it to the care of her husband, and, having bought the old Woodside Hotel, Oban, commenced the business of hotel keeping. (Cond. 3) ‘About fifteen years after the Woodside Hotel was acquired Mrs M'Laurin proposed to her husband to feu a piece of ground in Oban for the purpose of building a larger hotel upon it. He had taken no part in the management of the Woodside Hotel, and was against the proposal, so that Mrs M'Laurin feued the ground in her own name, and built upon it, and furnished the hotel now known as the “Craig-ard.” A number of years thereafter Mrs M'Laurin bought for £750 an adjoining piece of ground, with a villa upon it, called Braehead, and upon which she borrowed money to the extent of £600. She also furnished this villa, and used it as an adjunct to the hotel. The money spent in building and furnishing Craig-ard Hotel and Braehead belonged to Mr M'Laurin. Mrs M'Laurin had none of her own, and there never was any marriage-contract between her and her husband. The bond over Braehead, as well as those taken over Craig-ard, were granted by Mr M'Laurin. Mrs M'Laurin was an active person, and Mr M'Laurin rarely interfered with anything she did,’ (Cond. 4) ‘Craig-ard Hotel (upon which there was taken a bond for £500) is worth about £3000, and the furniture, &c. in it is worth about £4000 more. Braehead was worth about £150 over the bond for £600, and the furniture in it would be worth about £300.’…
Cond. 5 set forth that besides a son and daughter who died without issue the pursuers had the following children—(1) Mrs Catherine M'Laurin or Hunter, wife of John C Hunter, storekeeper, United States, who had seven children; (2) Mrs Agnes M'Laurin or Fleming, wife of Daniel Fleming, clothier, Glasgow, who had no children; (3) Lauchlin M'Laurin, storekeeper, United States, who had two children; (4) Ronald M'Laurin, who died about three years ago, leaving a widow, Mrs Elizabeth Ferguson or M'Laurin (who was a cousin of his own), and two children; and (5) the defender, Mrs Janet M'Laurin or Stafford, who was married in November 1869 to her present husband, who was then a medical student, and had no children. At the time of their marriage Dr Stafford was about twenty-three years of age and his wife about thirty-six. (Cond. 6) ‘The defender, Mrs Stafford, assisted her mother in the hotel business up to the date of her marriage, as her other daughters had done, until they were married. She also assisted her in the following season. The pursuers” son Ronald also assisted in the hotel from 1870 up to the time of his death in 1872, and his wife has assisted in the hotel since the spring of 1871, and continues still to do so. The pursuers were very much opposed to the marriage of the defender with Mr Stafford.’
(Cond. 8) ‘In July 1872 the pursuers” son Ronald died. Before his death, and of this date (May 2, 1872) the pursuer, Mrs M'Laurin, with consent of her husband, made a settlement, by which she gave to Ronald and his wife, and the survivor of them (after the death of herself and husband, and subject to her husband's liferent), the liferent of the Craig-ard Hotel and plenishing, and the fee to their children, but subject (1) to an annuity to the defender, Mrs Stafford, of £80 a-year for ten years and £100 a-year for two years longer, and (2) to an annuity of £20 a-year for ten years to Mrs Catherine M'Laurin or Hunter. This settlement only dealt with the Craig-ard Hotel and its plenishing, and as Ronald and his wife were substantially managing the business of the hotel, the intention of the pursuers was that they should continue the business after their (the pursuers”) death, subject to the annuities before mentioned. The terms of this settlement were made known to the defender, Mrs Stafford, in the summer of 1872, and the pursuers” other children resident in Scotland were also made aware of its terms.’ (Cond. 9) ‘In the same year (1872) and after the death of the pursuers” son Ronald, the defender, Mrs Stafford, who knew that Braehead stood in name of her mother, induced her mother to bequeath it and its contents to her, and on 14th October 1872 her mother executed a disposition and settlement, by which Braehead, with its furnishing and plenishing, was left to her. The pursuer, Mr M'Laurin, was not asked to consent to this deed, as he had been displeased at Mrs Stafford getting so much under the settlement made in May preceding.’ (Cond. 10) ‘On 14th August 1873 the pursuer, Mrs M'Laurin, with consent of her husband, the other pursuer, conveyed Braehead absolutely to the defender, Mrs Stafford, by disposition of that date. The defender, Mrs Stafford, had pressed for such a conveyance, saying that the deed of 14th October 1872 had not been properly prepared; and the pursuer yielded, and got her husband to concur.’
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