Scottish Court of Session Decisions

Madeline Kate Elizabeth Daisy Wilson, Blingery, Caithness-shire, raised an action of declarator of nullity of marriage against Walter Edward Horn, at the time of the raising of the action a prisoner in the prison of Aberdeen, on the ground that she was circumvented and induced to contract a pretended marriage with him by means and in consequence of false and fraudulent representations and personation used by him towards her, and in particular by his falsely pretending to be Walter Erby Hamilton of Foxhall Park, near Letterkenny, County Donegal, Ireland.

The action was undefended, and the following facts were proved:—The pursuer was twenty-one years of age and resided with her mother at Blingery. She had considerable pecuniary interest in the estate of an aunt of her mother. In December 1902 she saw the following advertisement in a newspaper:—“Young English gentleman (30), with large country estate and mansion thereon in England, wishes to meet young lady, fond of country life and sport generally. Must have at least £5000 or a fair income. Replies, with few particulars, treated in strict confidence.” She replied to the advertisement, and in February 1903 went by arrangement with the advertiser to Aberdeen, where she met him. He called himself W. Erby Hamilton; said he owned a small property in the north of Ireland, and that in addition his mother made him

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an allowance, and that after her death he would have an income of £600 a-year. On 4th March 1903 they went through a form of irregular marriage by a declaration before witnesses, in which he called himself “Walter Erby Hamilton, bachelor, of independent means.” A petition was after wards presented to the Sheriff for registration of the marriage, and the petition was granted and the marriage registered. A child, of which the defender was the father, was born in December 1903.

It was found that as a matter of fact the defender's true name was Walter Horn; that he had no settled occupation, but had kept himself for some time as a betting tout; that he had started a lodging-house in Brighton, got furniture on credit, and sold it and absconded with the proceeds. After imprisonment and examination in bankruptcy at Brighton he was sentenced, on a plea of guilty, to six months' imprisonment in Aberdeen for making a false declaration at the registration of his marriage in breach of the Registration Acts. His father had been a postilion in Bedford; his mother, who was alive, kept a small beer shop there.