| Appeals to the Privy Council |
| Report No. BAR_1730_00 |
|
Barbados |
| Case Name Long |
William Andrews, Samuel Osborn, Thomas Stokes, and Richard Morris v Isaac Le Gay and John Wood | |
| Case Name Long |
William Andrews, Samuel Osborn, and Thomas Stokes v Joseph Young and James Caswell (now replaced by John Ashley), attorneys for Robert and Sarah Hales | |
| Case Name Long |
William Andrews, Samuel Osborn, and Thomas Stokes v Richard Moseley and John Wood |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.3 [225] p.307–308 (12 Nov. 1730 – 8 April 1731) |
| PC Register Citation | George II v.2 (1 June 1729 – 16 June 1732) p.285–286, 325, 335, 344, 345–350, 364: PC 2/91/285–286, 325, 335, 344, 345–350, 364 |
Colonial Courts |
|
Court of Common Pleas – 12 Sept. 1729 (Andrews v Young) Court of Common Pleas – 15 Sept. 1729 (Andrews v Le Gay) Court of Common Pleas – 2 Feb. 1730 (Andrews v Moseley) Governor and Council as a Court of Errors – 14 April 1730 (Andrews v Le Gay) (Andrews v Young) Court of Errors – 1 Sept. 1730 (Andrews v Moseley) |
Participants |
|
Andrews, George (husband of Lucretia, father of Sarah [now Sarah Hales] and Wardall) |
|
Andrews (née Wardall), Lucretia (wife of George, daughter of Thomas Wardall, mother of Sarah [now Sarah Hales] and Wardall) |
|
Andrews, Sarah – see Hales, Sarah |
|
Andrews, Wardall (son of George and Lucretia, cousin of William [1], father of William [2]) |
|
Andrews, William (1), gentleman, of Worcester, appellant (cousin of Wardall) |
|
Andrews, William (2), infant, deceased (son of Wardall) |
|
Ashley, John, esquire, respondent (attorney for Robert and Sarah Hales) |
|
Caswell, James, merchant, respondent |
|
Hales, Robert, esquire (husband of Sarah) |
|
Hales (née Andrews), Sarah (wife of Robert, daughter of George and Lucretia Andrews) |
|
Le Gay, Isaac, gentleman, respondent |
|
Morris, Richard, gentleman |
|
Moseley, Richard, gentleman, respondent |
|
Osborn, Samuel, appellant (attorney for William Andrews [1]) |
|
Stokes, Thomas, appellant (attorney for William Andrews [1]) |
|
Wardall, Lucretia – see Andrews, Lucretia |
|
Wardall, Thomas, deceased |
|
Wood, John, gentleman, respondent |
|
Young, Joseph, esquire, respondent (attorney for Robert and Sarah Hales) |
Description |
Land and property disputes. |
Disposition |
The three appeals are dismissed. |
Notes |
The case below is described in the APC as arising “on a declaration in ejectment filed in the name of Morris on the demise of Andrews by his attorneys against Isaac Le Gay, gent., casual ejector and John Wood tertenant . . . .” Smith (p.464) notes this case as one of the rare colonial appeals to be cited at Westminster. See examples cited in the Documentation section. The appellants’ and respondents’ printed cases are summarized, with an additional footnote about the plantation, in Caribbeana: miscellaneous papers relating to the history, genealogy, topography, and antiquities of the British West Indies, ed. Vere Langford Oliver (London: Mitchell, Hughes, and Clarke, 1909–1919), 6:64–65 (view). |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Morris v Wood; Morris v Le Gay) |
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|
DOCUMENTATION |
Printed Cases |
| Appellant’s case |
Case of the appellant (Richard Morris ex dem. William Andrews v Isaac LeGay and John Wood) |
| Counsel | Not signed |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36216 f.24r–25v (Printed/manuscript date on dorse 18 March 1730. Other manuscript notes and underlining) |
| Respondent’s case |
Case of the respondent (Richard Morris ex dem. William Andrews v Isaac LeGay and John Wood) |
| Counsel | N. Fazakerley; D. Ryder |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36216 f.26r–27v (Printed date on dorse 1730. Manuscript notes on dorse only) |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |
Other Documents |
| Other Documents | For the conciliar arguments in Morris v Le Gay, Smith refers readers to a document in the Wedderburn papers at Lincoln’s Inn Library. We are grateful to the Librarian of Lincoln’s Inn Library for providing us with the images that we display here. They are reproduced with permission of the Honourable Society of Lincoln's Inn. | ||
| Library | Ames Foundation: (33 pages) (Source: Lincoln’s Inn Library, Wedderburn papers, MS Misc 378, 57-89 [reversing volume]) |
| Other Documents | See Colson v Colson, referencing “Morris versus Wood, at the Cockpit, a plantation cause . . . held to be an estate tail by Lord Chief Justice Raymond and Eyres.” 2 Atk. 247, 249, 26 Eng. Rep. 553, 554 (Ch. 1741). | ||
| Library | Ames Foundation: (4 pages) (Source: HeinOnline [available by subscription]) |
| Other Documents | See also Doe ex dem. Long v Laming discussing “Morris, on the demise of William Andrews and Isaac Le Gay and John Wood (holden to be an estate tail in Lucretia).” 2 Burr. 1100, 1102–1103, 97 Eng. Rep. 731, 732–733 (KB 1760). | ||
| Library | Ames Foundation: (10 pages) (Source: HeinOnline [available by subscription]) |
| Other Documents | A fuller discussion of the appeal (styled as Richard Morris Appellant v J. Ward and Others Respondents, from Barbados) by Lord Kenyon, based on notes of the case by Mr. Filmer, can be found in Alpass v Watkins, where the Privy Council result is described as “Lucretia took an estate tail.” 8 T.R. 516, 518–519, 101 Eng. Rep. 1521, 1522–1523 (KB 1800). | ||
| Library | Ames Foundation: (3 pages) (Source: HeinOnline [available by subscription]) |