These case documents constitute a prelude to the reported case of David and Hugh Mitchell v. William Ferguson. In 1769, Agnes Carsan purchased a house in Ayr from William Donald. Because she believed her son-in-law to be holding money for the house on her behalf, no bills or securities were filed, and the disposition of the house was held by James Fergusson, Provost and writer in Ayr. Later William Donald became bankrupt and arrestments (securities) were laid in the hands of Carsan and Hair-Campbell. William Ferguson, claiming that he had paid Donald for the price of the house on behalf of Carsan, brought action against Carsan for either a disposition of the house or repayment. On March 3, 1779 the Court ruled that Ferguson was entitled to either the price or a disposition on the house. Donald's creditors, David and Hugh Mitchell, later brought action, in competition with Fergusson for rights to the house. On February 13, 1781 the Court determined that the infeftment (legal claim) possessed by the Mitchells was preferable to the personal right claimed by Fergusson.
People involved
- James Burnett, Lord Monboddo — Lord Ordinary
- George Fergusson, of Hermand, Lord Hermand — Advocate for Charger
- Andrew Crosbie, Esq., of Holm — Advocate for Suspender
- William Craig, Lord Craig — Advocate for Suspender
- Hugh Mitchell, of Pollosh — Pursuer
- David Mitchell — Pursuer
- William Fergusson, of Auchinsoul — Charger
- Agnes Carsan — Suspender
- James Hair Campbell — Suspender
- William Donald — Named in case documents
- James Fergusson, Provost — Named in case documents
- James Fergusson — Named in case documents
- Douglas, Heron, and Company — Named in case documents
- John Christian — Named in case documents
- William Gardner, of Ladykirk — Named in case documents
- Andrew Stephenson — Named in case documents
- John Pagan — Named in case documents
- Andrew Campbell — Named in case documents
Places
- Ayr (principal)
These case documents constitute a prelude to the reported case of David and Hugh Mitchell v. William Ferguson. In 1769, Agnes Carsan purchased a house in Ayr from William Donald. Because she believed her son-in-law to be holding money for the house on her behalf, no bills or securities were filed, and the disposition of the house was held by James Fergusson, Provost and writer in Ayr. Later William Donald became bankrupt and arrestments (securities) were laid in the hands of Carsan and Hair-Campbell. William Ferguson, claiming that he had paid Donald for the price of the house on behalf of Carsan, brought action against Carsan for either a disposition of the house or repayment. On March 3, 1779 the Court ruled that Ferguson was entitled to either the price or a disposition on the house. Donald's creditors, David and Hugh Mitchell, later brought action, in competition with Fergusson for rights to the house. On February 13, 1781 the Court determined that the infeftment (legal claim) possessed by the Mitchells was preferable to the personal right claimed by Fergusson.
