| Appeals to the Privy Council |
| Report No. JAM_1751_04 |
|
Jamaica |
| Case Name Long |
David Lord Olyphant v Edward Manning |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.4 [152] p.130 (9 Aug. 1751 – 10 May 1753) |
| PC Register Citation | George II v.13 (1 May 1750 – 30 March 1752) p.289: PC 2/102/289 |
| PC Register Citation | George II v.14 (1 April 1752 – 31 Dec. 1753) p.292, 359, 370–375, 409: PC 2/103/292, 359, 370–375, 409 |
Colonial Courts |
|
Chancery – 20 Feb. 1747 Chancery – 19 Nov. 1750 |
Participants |
|
Golding, Thomas |
|
Manning, Edward, esquire, respondent (executor of Edward Pratter, assignor of David Olyphant) |
|
Marriott, Sidney, master in Chancery |
|
Olyphant, Rt. Hon. David, lord, appellant (assignee of Edward Manning) |
|
Olyphant, John |
|
Pratter, Edward, esquire, deceased (mortgagee of John Sutton) |
|
Sutton, John (mortgagor of Edward Pratter) |
Description |
Concerning a mistake in the computation of interest. |
Disposition |
Both decrees reversed; bill against appellant dismissed with costs. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Olyphant v Manning) |
|
|
DOCUMENTATION |
Printed Cases |
Not found |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |
|
|
ADDITIONAL RESEARCH |
The appellant is probably David Olyphant (d. 1770), whose claim to the ancient Scottish peerage of Oliphant is usually regarded as spurious. See Complete Peerage 1st ed., 1895, 6:122 note e; Legacies of British Slave-ownership, s.n. Rt Hon. David Olyphant soi-disant Baron of Scotland. The Wikipedia article ‘Lord Oliphant’, however, seems to regard the claim as genuine: “David Oliphant, 6th of Bachilton, known as 12th but more correctly 1st (fourth creation [dated from 1757]) Lord Oliphant (d. 1770),” although with some qualifications in the main body of the article. The referral to the Committee, under the entries for 9 Aug. 1751, styles Olyphant as “the Right Hon. David Lord Oliphant.” The Committee Report tells us that the case was originally filed on 12 July 1744 in the Court of Chancery of Jamaica by Edward Manning “against the Petitioner by his then Stile and Addition of David Olyphant of the Parish of Clarendon in Jamaica Esq.” These entries suggest that Olyphant was claiming the barony as early as 1751. It is normally thought that he did not claim it until at least 1757. Legacies of British Slave-ownership would seem to have it right. Olyphant is almost certainly the respondent in JAM_1748_05, in which judgment was not rendered until 1753. He made no appearance in that case, however, so we do not know how he was styling himself. The petitioner did not mention any noble title. |
CD |