Anderson and another v Wilson

Sale of land transaction – Fraud – Undue influence – Facility and circumvention – Title to sue – Prescription – Relevancy of averments – Competency of remedy sought. Court of Session: Dismissing an action which concerned a piece of land forming part of a farming estate which the pursuers' late father had disponed to the defender, the husband of one of their siblings, the father's entire estate having passed to his wife on his death, the wife having also subsequently died, and the pursuers, who were beneficiaries in terms of her will, having then brought an action against the defender contending that the disposition of the land proceeded at gross undervalue and seeking damages from him on the basis of fraud, facility and circumvention and undue influence, the court held that the pursuers' claim had not prescribed, however they had no title to sue, their case of fraud was irrelevant, and it was not competent to claim damages for facility and circumvention or undue influence.

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