Victory: Nicola Dempster holds her cat, Smudge, after winning a legal battle to prove that she was his rightful owner after he was cared for by another womanA long-running dispute over the ownership of a cat who went missing was finally settled in court yesterday with a victory for its original teenage owener.
Della Macdonald from Stornaway, who cared for missing cat Smudge for six months, had sued his owner, Nicola Dempster, 19, after the teenager found him and took him back home. Mrs Macdonald, who had found Smudge in her garden and taken him in after he went missing from Miss Dempster's home, had wanted to be made rightful owner of the cat. But today Sheriff David Sutherland dismissed her action and also a claim for £70 for neutering the cat.
Difficult time: Neilson Macdonald told the Sheriff that his wife had decided to drop the case as she was undergoing treatment for cancerNeither Mrs Macdonald or her husband Neilson, attended the hearing at Stornoway Sheriff Court on the Isle of Lewis - but the sheriff read a letter from her which said she was dropping the action because she had cancer.
It also emerged that the Citizen Advice Bureau, who were representing Mrs Macdonald, were no longer doing so and had withdrawn from the case.
After the decision a delighted Miss Dempster said: 'I’m over the moon and going to give Smudge a celebratory meal of prawns tonight.
'I’ve been through five months of hell through this and I’m just glad the nightmare is over. For that is what it has been - a nightmare.
'Smudge has obviously been oblivious of what has been going on. But he is well cared for, much loved and in great shape.
'The letter from the Macdonalds to the court was dated January 3 - so why I was not told about it before has just prolonged my agony. However I’m just glad it is all behind me now.' Miss Dempster bought the cat at a Stornoway pet shop in September 2010 and had him inoculated at the local vet.
Stornoway Sheriff Court on the Isle of LewisMrs Macdonald had said she badly misses the cat. She had alleged that the cat was thin and hungry when it appeared in her garden and she would be able to look after it better.
She also claimed that she has suffered stress over losing the cat and that her dog Hamish is pining for him.
However Miss Dempster said she has proof of purchase, vets bills and has witnesses to verify her original ownership.
source: dailymail
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