Date of Decision: 9 Jul 1802
Abstract: 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.
Subjects: Prescription, Creditor, Prescription, Property rights

Published Report

William Morison, The Decisions of the Court of Session (1811), 11051


People or Organizations Associated with Case

Named in case documents:
Neil Mackellar, Debtor
Duncan Fisher, Son of John Fisher and brother of Peter Fisher
R. Graham, W.S.