| Appeals to the Privy Council |
| Report No. 13_1736_00 |
|
Virginia |
| Case Name Short |
Burges v Hack Gulliver v Hack |
| Case Name Long |
Lemuel Gulliver on the demise of Frances Burges v John Hack |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.3 [391] p.530 – 27 December 1736 – entry 1 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.48: PC 2/94/48 |
| APC Citation | v.3 [391] p.530 – 21 February 1737 – entry 2 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.130–131: PC 2/94/130–131 |
| APC Citation | v.3 [391] p.530–531 – 2 November 1737 – entry 3 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.293–294: PC 2/94/293–294 |
| APC Citation | v.3 [391] p.531 – 23 November 1739 – entry 4 |
| PC Register Citation | George II v.6 (1 October 1738 – 27 March 1740) p.427: PC 2/95/427 |
| APC Citation | v.3 [391] p.531 – 27 November 1739 – entry 5 |
| PC Register Citation | George II v.6 (1October 1738 – 27 March 1740) p.432: PC 2/95/432 |
Colonial Courts |
|
General Court of Pleas – 15 April 1736 (known in lower court as Gulliver v Hack) |
Participants |
|
Burges (Burgess), Frances, widow Gulliver, Lemuel (lessee of Frances Burges) Hack, John Paris, Ferdinando John, solicitor (appears for John Hack) Tox, David |
Description |
Land (“upon an Ejectment,” according the the Privy Council register) |
Disposition |
Sent back to General Court of Pleas for further factual determination and jury trial if necessary |
Notes |
|
Participant Tox is named in the printed case as David Fox. The printed case reveals that slaves as well as land are part of the property in dispute. The summary of the Committee report in the APC has Frances Burges as lessee, but the Privy Council register has her properly as the lessor. Lemuel Gulliver may be a real person, but we may doubt the reality of the lease to him. On this and on the action of ejectment involved here, see Additional Research. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Burgess v Hack) |
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DOCUMENTATION |
Printed Cases |
| Appellant’s case | Case of the appellant (Lemuel Gulliver on the demise of Frances Burgess) |
| Counsel | [Signed] D. Ryder; J. Browne |
| Note | The docket title is Frances Burgess, widow vs. John Hack, Gent. Title on the printed case is Lemuel Gulliver, on the demise of Frances Burgess – plaintiff and appellant; John Hack – respondent. |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36216 f.103–104 (Includes manuscript notes and an additional record in the appeal, f.105, which is printed and is endorsed: “A copy of the additional record in the appeal which was lately between Frances Burges, widow, plaintiff and appellant and John Hack, gent., defendant and respondent which cause is now between Jesse Ball, and Frances his wife – appellant and John Hack – respondent.”) |
| Respondent’s case | Case of the respondent (Hack) |
| Note | Not found |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |
Other Documents |
| Other Documents | A photocopy of “a copy of the record, transmitted on the appeal of Frances Burges, widow, plaintiff below, and appellant John Hack, gent., defendant below and respondent [Williamsburgh: s.n., 1737]” is in the Virginia Historical Society. The copy supposedly in the New York Public Library (formerly the Lenox Library), as noted in Clayton-Torrence, Trial Bibliography of Colonial Virginia, 1:121, sec. 139, could not be verified. At least one copy is known to be in private hands. See also the entry in Barton, Virginia Colonial Decisions, 2:B195–201. |
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