| Appeals to the Privy Council |
| Report No. 11_1729_01 |
|
Rhode Island |
| Case Name Short |
Wharton v Northrup |
| Case Name Long |
Eunice Wharton v Stephen, Thomas, Benjamin, Henry jr., and Nicholas Northrup and Lawrence Whaley |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.3 [166] p.214 – 1 February 1729 – entry 1 |
| PC Register Citation | George II v.1 (14 June 1727 – 22 May 1729) p.436: PC 2/90/436 |
| APC Citation | v.3 [166] p.214 [166] – 4 March 1730 – entry 2 |
| PC Register Citation | George II v.2 (1 June 1729 – 16 June 1732) p.192, 257: PC 2/91/192, 257 |
| APC Citation | v.3 [166] p.214–215 – 14 December 1730 – entry 3 |
| PC Register Citation | George II v.2 (1 June 1729 – 16 June 1732) p.302–303: PC 2/91/302–303 |
| APC Citation | v.3 [166] p.215 – 23 December 1730 – entry 4 |
| PC Register Citation | George II v.2 (1 June 1729 – 16 June 1732) p.305: PC 2/91/305 |
Colonial Courts |
|
General Court of Trials – Newport – [first Tuesday of September 1727] General Court of Trials – Newport – first Tuesday of March 1728 |
Participants |
|
Northrup, Benjamin Northrup, Henry, Jr. Northrup, Nicholas Northrup, Stephen Northrup, Thomas Whaley, Lawrence Wharton, Eunice (widow of William Wharton) Wharton, William of the parish of St. Bartholomew, Exchange, in London (deceased husband of Eunice Wharton) |
Description |
Land (“concerning the right to a Tract of Land,” according to the Privy Council register; “an ejectment action” according to Smith [p.355 n.17]) |
Disposition |
Reversed with a new trial in the General Court, evidence and objections to be taken in writing, with further option to appeal. Bilder, Salamanders and Sons of God, p.288, notes that Wharton lost when the case was retried and, though granted an appeal, Wharton later withdrew it. |
Notes |
|
On the original action involved here, see Additional Research. For the background of the case, which seems to have had its origins in a disputed acquisition of land from the Narragansetts in the late 17th century, but also involved a deed given to Wharton’s late husband during the Andros administration and the wills of two members of the Wharton family, see Bilder, Salamanders and Sons of God, p.283–288. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Wharton v Northrup) |
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DOCUMENTATION |
Printed Cases |
Not found |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |