| Appeals to the Privy Council |
Report No. 11_1732_00 |
Brenton v Boreland (1) Boreland v Brenton Brenton v Boreland (2) |
Rhode Island |
| Case Name Short |
Brenton v Boreland (1) Boreland v Brenton Brenton v Boreland (2) |
| Case Name Long |
Jahleel Brenton (later Jahleel Brenton, his son and executor) v Francis and Jane Boreland Francis and Jane Boreland v Jahleel Brenton, son and executor of Jahleel Brenton Jahleel Brenton, son and executor of Jahleel Brenton, v Francis and Jane Boreland |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.3 [266] p.365 – 7 September 1732 – entry 1 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.49: PC 2/92/49 |
| APC Citation | v.3 [266] p.365 – 19 July 1733 – entry 2 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.184, 196: PC 2/92/184, 196 |
| APC Citation | v.3 [266] p.365 – 31 January 1734 – entry 3 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.308, 309–310, 319, 418–419, 428: PC 2/92/308, 309–310, 319, 418–419, 428 |
| APC Citation | v.3 [266] p.365–366 – 11 July 1734 – entry 4 |
| PC Register Citation | George II v.3 (21 July 1732 – 18 July 1734) p.456–457, 496–497, 519: PC 2/92/456–457, 496–497, 519 |
| APC Citation | v.3 [266] p.366 – 3 April 1735 – entry 5 |
| PC Register Citation | George II v.4 (1 August 1734 – 23 September 1736) p.84, 119, 125–126, 145: PC 2/93/84, 119, 125–126, 145 |
| APC Citation | v.3 [266] p.366 – 13 October 1736 – entry 6 |
| PC Register Citation | George II v.5 (1 October 1736 – 4 September 1738) p.2–3: PC 2/94/2–3 |
| APC Citation | v.3 [266] p.366 – 12 January 1738 – entry 7 |
| PC Register Citation | George II v.4 recte 5 (1 October 1736 – 4 September 1738) p.343–345, 367: PC 2/93 recte 94/343–345, 367 |
Colonial Courts |
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Inferior Court – Newport – 6 April 1731 Superior Court – Newport – first Tuesday in September 1731 Inferior Court – June 1732 Superior Court – Newport – first Tuesday of September 1732 Governor and General Assembly – 15 June 1733 Superior Court – 2 September 1735 |
Participants |
|
Boreland, Francis of Boston in Massachusetts (husband of Jane Boreland) Boreland, Jane of Boston in Massachusetts (wife of Francis Boreland) Brenton, Jahleel (deceased father of Jahleel Brenton) Brenton, Jahleel (son and executor of Jahleel Brenton) |
Description |
Appeals from two actions of account, arising, according to Bilder, Salamanders and Sons of God, p.369–370, out of an inheritance of land by tenants-in-common. |
Disposition |
The appeal by Brenton in 1732 was dismissed for non-prosecution. In 1734, his executor was permitted to appeal again, but no further proceedings on this appeal have been found. In the spring of 1735, the judgments of September of 1732 and June of 1733 in the second case were reversed in favor of the Borelands, with Brenton left to proceed on the merits in Superior Court. A subsequent appeal by Brenton from the Superior Court’s judgment in September of 1735 reinstating the judgment of June 1732 in favor of the Borelands was dismissed in January of 1738. |
Notes |
|
The account in the APC of these appeals is cryptic to the point of obscurity. On the basis of the Privy Council registers, Bilder’s treatment in Salamanders and Sons of God, p.369–370, and the respondent’s brief in Brenton’s appeal from the Superior Court judgment of September 1735, we have constructed the account that appears above. We think we have accounted for all the colonial court proceedings and all the appeals. What remains unaccounted for is the relationship between the two original actions of account in Rhode Island. The second was a claim for one-seventh of the revenues from 2465 acres of land in South Kingston from November of 1711 to September of 1725, during the period when Jane Boreland was unmarried. No specifics are given about first claim, except that it, too, deals with the period when Jane was unmarried. It probably dealt with another piece of land, but of this we cannot be sure. The end result would seem to have been that Brenton’s estate owed the Borelands £800 plus a substantial amount of costs. |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Brenton v Boreland; Boreland v Brenton) |
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DOCUMENTATION |
Printed Cases |
| Appellant’s case |
Case of the appellant (Brenton) |
| Note | Not found |
| Respondent’s case |
Case of the respondent (Boreland) |
ESTC: N67012 |
| Counsel | [Signed] D. Ryder; W. Murray |
| Library | John Carter Brown Library: bD737.B731r (Includes manuscript notes. John Carter Brown gives the date of the printed case as 1737.) (Noted in ESTC? Yes.) |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |