Former couple in tug of love over pet dog

A pet dog is at the centre of a bitter legal battle after its owners split up and could not agree where she should live.

Julie Smith and Gordon Duncan bought beloved pooch Martha for £1,200 and she lived with them and another dog called Stella.

But when the couple’s relationship soured a dispute flared up over Martha’s permanent ownership.

Smith and Duncan had paid £600 each for the dog in June 2019 before their relationship ended in July the next year.

A series of rows broke out over custody of the dog and eventually the case ended up in court before a sheriff.

Evidence presented at the hearings included dozens of documents, videos of Martha, and a copy of Facebook messages where Martha was wished a happy birthday.

Elgin Sheriff Court heard Smith had been the only one to sign paperwork with the seller of Martha.

Her lawyers claimed this was enough to show Smith should be given permanent ownership of the dog.

Duncan, who has been caring for Martha since the split, claimed the pet was jointly owned by the couple and that he had covered the costs of looking after the dog on his own.

A sheriff ruled that even though Smith’s signature was on the paperwork, it was not “sufficient” to prove ownership and granted Duncan permission to continue to keep the dog. Smith turned to the Sheriff Appeal Court in a bid to overturn the ruling.

Sheriff Principal Derek Pyle has now ordered a further hearing take place and has demanded the original sheriff provide more justification for her original decision within 21 days.