| Appeals to the Privy Council |
Report No. 05_1738_00 |
Pelham v Bannister |
Massachusetts |
| Case Name Short |
Pelham v Bannister |
| Case Name Long |
Herbert Pelham v Samuel Bannister and Thomas Soden |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.3 [428] p.590 – 12 January 1738 – entry 1 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.371: PC 2/94/371 |
| APC Citation | v.3 [428] p.590 – 23 January 1738 – entry 2 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.378–379, 392: PC 2/94/378–379, 392 |
| APC Citation | v.3 [428] p.590 – 22 March 1739 – entry 3 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.410–411, 415: PC 2/94/410–411, 415 |
| PC Register Citation | George II v.6 (1 October 1738 – 27 March 1740) p.5, 99, 100–103, 143: PC 2/95/5, 99, 100–103, 143 |
Colonial Courts |
|
Courts of Massachusetts Bay – 20 May 1735, 29 July 1735, 27 January 1736 |
Participants |
|
Bannister, Samuel, merchant Marsh, Robert of Basinghall Street Pelham, Herbert, esquire, of Bures Hamblett in Essex County Soden, Thomas, yeoman |
Description |
Land (“Declaration in Ejectment . . . to recover Possession of several Tracts of Land with a dwelling house and Barn,” according to the Privy Council register) |
Disposition |
Dismissed “in the same manner and for the same reasons as Pelham’s earlier appeal against Samuel Stone and others” according to the APC |
Notes |
|
Related to another Privy Council appeal: Pelham v Stone – Report No. 05_1737_02 (APC, v.3 [414] p.573) Both cases ultimately turn on the will of one Herbert Pelham, who died, probably, in 1673. The appellant, who is himself a resident of Essex in England, is almost certainly claiming that the senior Pelham is his ancestor. In both cases the Privy Council refuses to admit into evidence the senior Pelham’s will, which was registered in the Prerogative Court of Canterbury. For the ‘declaration in ejectment’ involved here, see Additional Research. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Pelham v Bannister) |
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DOCUMENTATION |
Printed Cases |
Not found |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |