ROBERT WILSON v ARCHIBALD LUMSDAINE'S REPRESENTATIVES (Court of Session)

The late George Wilson, the uncle of Robert Wilson, the objector in this case, was the private and confidential agent of the late Archibald Lumsdaine, and, along with Andrew Keltie, his nephew, was a co-obligant in various bills for money lent by Mr Lumsdaine.

Accordingly, Mr Lumsdaine vested the money contained in the joint bills by Wilson and Keltie, which were given up, amounting to L.730, as well as a further sum of L.160, in an heritable security over the estate of Gelvin.

It did not appear that Wilson, who acted as agent for both lender and borrower, informed the latter of his opinion in regard to the precariousness of the security; but, on the other hand, it appeared that Wilson was benefited by the transaction, in so far as he got quit of his joint bill obligation, and received a payment in hand of the greater part of the additional advance.

By the bond prepared by Wilson in Mr Lumsdaine's favour, Mr Keltie made over the titles to the property in favour of Lumsdaine,—these titles remaining, as before, in the hands of Wilson. It did not appear that Wilson had informed Lumsdaine that he had any intention of exercising a hypothec over these titles.

For some years both previous and subsequent to 1819, the date of Lumsdaine's bond, Wilson had been paying the interest on the preferable heritable securities; but it did not appear that he had informed Lumsdaine of this, or of his intention of obtaining assignations from the creditors for the sum so paid.