Waddell and Others v Waddell and Others
| Jurisdiction | Scotland |
| Judgment Date | 17 March 1863 |
| Docket Number | No. 113 |
| Date | 17 March 1863 |
| Court | Court of Session (Inner House - First Division) |
Lord Kinloch. M.
Deed—Error—Partial Reduction—Declarator—Proof.—
THIS action was raised by Matthew Waddell, farmer, Greenwells, in the parish of Old Monkland, with consent and concurrence of Rankin and Mitchell, writers in Airdrie, and by the said Rankin and Mitchell, against William Waddell, son of the said Matthew Waddell, and residing at Coatbridge, and also against Irabina Young or Gilbert, residing at Whiflat, and Henry Gilbert, residing at Glasgow,—for the purpose of establishing the right of the said Matthew Waddell to a bond and disposition in security for L.200, granted on 23d July 1859 by the defenders (Gilberts) in favour of the other defender William Waddell, on the ground that the bond had been taken through the mistake of the said Matthew Waddell's law-agents, the other pursuers, in name of the said William Waddell as grantee, instead of being taken in favour of the said Matthew Waddell, the pursuer, the true creditor, and had been so recorded in the Register of Sasines on 29th July 1859. The summons concluded that the bond and disposition in security, ‘with all that has followed or may follow upon the same, should be reduced and declared to have been from the beginning, to be now, and in all time coming, null and void, and of no avail, force, strength, or effect in judgment, or outwith the same, in time coming, in so far only as the same bears to be a bond and disposition in security, in favour of the defender the said William Waddell, his heirs and assignees whomsoever, and in so far as the defender the said William Waddell, his heirs and assignees have, or might claim any right to, or any interest in the said bond and disposition in security, or the sums and subjects therein contained, or any part or portion thereof, and that to the effect that the pursuer, the said Matthew Waddell, and his heirs and assignees, may be found entitled to the said bond and disposition in security, as the true creditors therein, and to the whole sums of money, subjects, and others therein contained.’ (2.) ‘Farther, and whether the said bond and disposition in security is reduced to the effect above written or not, it ought and should be found and declared… that the defender, the said William Waddell has no right to, and no interest in the said bond and disposition in security,… and has no right to the sums of money… therein contained, or to any part...
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