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Action of multiplepoinding – Competing proprietorial claims to library. Sheriff Court: In an action of multiplepoinding in which the pursuer, a volunteer librarian, and the second defender, an unincorporated political association, advanced competing claims to ownership of a library, the court rejected the pursuer's claim to ownership based on the library's alleged abandonment by its former owner, an alleged voluntary transfer of ownership to her and the contention that she could rely on the doctrine of reputed ownership, and it also concluded that the second defender had failed to establish ownership, that the evidence led did not allow it to reach a definitive conclusion on the identity of the rightful owner, and that while the pursuer had failed to prove ownership, she had established a lesser right as depositary to exercise sole care, control and custody of the library.
Action of multiplepoinding – Competing proprietorial claims to library. Sheriff Court: In an action of multiplepoinding in which the pursuer, a volunteer librarian, and the second defender, an unincorporated political association, advanced competing claims to ownership of a library, the court rejected the pursuer's claim to ownership based on the library's alleged abandonment by its former owner, an alleged voluntary transfer of ownership to her and the contention that she could rely on the doctrine of reputed ownership, and it also concluded that the second defender had failed to establish ownership, that the evidence led did not allow it to reach a definitive conclusion on the identity of the rightful owner, and that while the pursuer had failed to prove ownership, she had established a lesser right as depositary to exercise sole care, control and custody of the library.
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