Pursuer brought an action to claim his preference right over a property in Daill that he had taken possession of as creditor of Neil MacKellar, who was the original landlord. It was found that Duncan Fisher, creditor of Neil MacKellar, was entitled to have part of such land, which Donald MacMath (petitioner) had in his possession. The defendant, Duncan Campbell, appeared as posterior assignee of the land in virtue of an assignation granted by Duncan Fisher. The pursuer alleged that he had had the land for a considerable time, so a prescription period was in course. Then, the discussion was if the prescription was interrupted.
Documents in this case (4)
People involved
- Donald MacMath — Pursuer
- Neil Mackellar — Named in case documents
- Duncan Campbell, Esq — Defender
- R. Graham, W.S. — Clerk
- Duncan Fisher — Named in case documents
Places
Pursuer brought an action to claim his preference right over a property in Daill that he had taken possession of as creditor of Neil MacKellar, who was the original landlord. It was found that Duncan Fisher, creditor of Neil MacKellar, was entitled to have part of such land, which Donald MacMath (petitioner) had in his possession. The defendant, Duncan Campbell, appeared as posterior assignee of the land in virtue of an assignation granted by Duncan Fisher. The pursuer alleged that he had had the land for a considerable time, so a prescription period was in course. Then, the discussion was if the prescription was interrupted.
