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.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 10296
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 879

Locations

Repository & Extent