M'Leod v Macdonald, &c.

Subject_ Reparation—Agent and Client.— A law-agent having invested his client's money upon a heritable security, after his attention had been specially called to the invalidity of the security—Held, that both the party receiving the money, and the agent, were severally liable to repay the money, reserving their claims of relief in questions interse.

In these circumstances, Mrs M'Leod raised an action against Mrs Flora Macdonald, as being liable to repeat the contents of the bond which she had received, and also against Mrs Macdonald Buchanan, as representing her husband, who was liable in reparation, in respect of having been the law-agent by whom the money had been invested on this security, after he was specially warned by Messrs Macqueen and Mackintosh of its invalidity.

Mrs Flora Macdonald pleaded that Mrs Buchanan was not only liable in relief to her, as representing her law-agent who had erroneously made up her titles to the bond, but was primarily liable to the pursuer, as being also law-agent of the pursuer, to indemnify her for investing her money upon what he knew to be bad security. Mrs Buchanan should, therefore, be first discussed; and at least the defender was no farther liable than to make up a good title to the pursuer, which she would undertake to do, after communicating with her sister's representative in the East Indies.

Mrs Buchanan pleaded, that as Mrs Flora Macdonald had received the contents of the bond, she was primarily liable to the pursuer, and must be first discussed. Farther, Mrs Flora Macdonald had good right to one-half of the bond as one of two co-heiresses; and, as the alleged error of Mr Buchanan was in making up her title to a half more than her own, and causing her to be paid accordingly, no claim of relief could arise at her instance against him, or his representative, for being made to repeat an over-payment.

The pursuer answered, that both defenders were immediately and directly liable to her, leaving them to settle all after questions of relief among themselves; and that, in the special circumstances, as it would require long delay before an answer could be received from the representative in the East Indies, and as his answer might be a refusal to concur in making up a title, the pursuer could not be compelled to lie out of her money in the mean time.