| Appeals to the Privy Council |
| Report No. 13_1753_02 |
|
Virginia |
| Case Name Short |
King v Lewis King v Braxton Braxton v King |
| Case Name Long |
Walter King v Charles Lewis and Lewis Burwell Walter King v Carter Braxton and Lewis Burwell Carter Braxton by John Robinson v Walter King |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.4 [212] p.210–211 – 6 June 1753 – entry 1 |
| PC Register Citation | George II v.14 (1 April 1752 – 31 December 1753) p.424–425, 465–466: PC 2/103/424–425, 465–466 |
| APC Citation | v.4 [212] p.211 – 10 January 1754 – entry 2 |
| PC Register Citation | George II v.15 (1 January 1754 – 31 December 1755) p.4–5: PC 2/104/4–5 |
| APC Citation | v.4 [212] p.211 – 22 January 1754 – entry 3 |
| PC Register Citation | George II v.15 (1 January 1754 – 31 December 1755) p.5–13, 20: PC 2/104/5–13, 20 |
Colonial Courts |
|
Chancery – 10 October 1751 |
Participants |
|
Braxton, Carter, infant (eldest son of George Braxton, jun.) Braxton, George, jun. (deceased father of Carter Braxton) Braxton, George, sen. (deceased father of George Braxton, jun.) Burwell, Lewis (agent of the Perrys in Virginia) Corbin, Richard Digges, Dudley Edwards, Benjamin (agent of the Perrys in Virginia) King, Walter, merchant Lewis, Charles Perry, Micajah (Micaiah), merchant, late of London Perry, Philip, merchant, late of London Robinson, John (‘next friend’ of Carter Braxton) |
Description |
Land in the county called formerly Goochland, now Albemarle and known as the Fork. According to the APC, King appeals from two equity orders that barred him from proceeding at law in ejectment to recover the land and ordered him to convey the land to the respondents upon their paying certain sums. |
Disposition |
King’s appeals are sustained. |
Notes |
|
For the action of ejectment mentioned here, see Additional Research. |
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DOCUMENTATION |
Printed Cases |
| Appellant’s case | Case of the appellant (King in King v Lewis) |
ESTC: N469682 |
| Counsel | [Signed] Wm. Murray; Ste. Comyn |
| Note | Although the case mentions only Lewis and Burwell in the heading, Braxton is mentioned in the body of the case. There is, however, no reference to Braxton’s cross-appeal. |
| Library | Law Library of Congress: Sir George Lee collection (Noted in ESTC? No.) |
| Library | New-York Historical Society: SY – DC 1754 no. 1 (Noted in ESTC? Yes.) |
| Library | Yale University. Beinecke Rare Book and Manuscript Library: ZZ40 25 (Includes manuscript notes, notably on the dorse, where there is an index referring to events in the 1730s and 1740s. The references correspond, for the most part, to events mentioned in the brief, but the page numbers suggest that they refer to a much fuller record of the case.) (Noted in ESTC? No.) |
| Respondent’s case | Case of the respondent (Braxton in King v Braxton) |
| Counsel | [Signed] A. Hume-Campbell; Al. Forrester |
| Note | The heading of the case lists the names of Braxton, Burwell, and Lewis, suggesting that this covers all three cases. |
| Library | Yale University. Beinecke Rare Book and Manuscript Library: ZZ40 25 (Manuscript notes limited to few numerals on dorse) |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |
Other Documents |
| Other Documents | In addition, see papers relating to the King controversy in the Joshua Sharpe papers in the Thomas Phillipps collection at the Library of Congress, Manuscripts Division. At the University of Virginia, the Tracy W. McGregor Autograph Collection in Series 1, Letters and Manuscripts, holds in manuscript what is described as: a draft of the appellant’s brief in the case of Walter King v Carter Braxton. This manuscript appears to be a working summary of the fuller record in the appeal containing chancery documents, letters, and depositions. |
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