Appeals to the Privy Council

Report No. 04_1739_00

Tasker v Simpson

Maryland 

Case Name Short

Tasker v Simpson

Case Name Long

Benjamin Tasker v John Simpson on the demise of William Brent

 

Acts of the Privy Council, Colonial Series

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APC Citation 

v.3 [476] p.645 – 27 September 1739 – entry 1

 
PC Register Citation 

George II v.6 (1 October 1738 – 27 March 1740) p.351: PC 2/95/351

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APC Citation 

v.3 [476] p.645–646 – 31 January 1740 – entry 2

 
PC Register Citation 

George II v.6 (1 October 1738 – 27 March 1740) p.356, 527–530, 542: PC 2/95/356, 527–530, 542

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Colonial Courts

Provincial Court – 18 October 1737

High Court of Appeals – 24 November 1738

Participants

Bennet, James

Brent, Giles (deceased father of Mary Fitzherbert and brother of Margaret Brent)

Brent, Margaret (deceased sister of Giles Brent and aunt of Mary Fitzherbert)

Brent, William (descendent of Giles Brent)

Fitzherbert, John (husband of Mary Fitzherbert)

Fitzherbert, Mary Brent (niece of Margaret Brent, daughter of Giles Brent and wife of John Fitzherbert)

Lynes (Lines), Philip

Moy, Ann (wife of Daniel Moy)

Moy, Daniel (husband of Ann Moy)

Moy, Richard

Simpson, John

Tasker, Benjamin, esquire

Description

Land dispute (trespass and ejectment) over 1000 acres in Queens County from a grant by the Lord Proprietary of Maryland in 1640

Disposition

Dismissed

Notes

The lease of William Brent to John Simpson is probably real. The Committee report describes William’s side of the Brent family as being resident in England and Virginia. The report also leaves little doubt that the underlying issue in the case is William’s claim to ownership of the premises. On the action of ‘trespass and ejectment’ involved here, see Additional Research.

Washburne, Imperial Control, p.98–99, notes this appeal as an example of the difficulties arising from conflicting claims from very early land grants.


DOCUMENTATION

Printed Cases

Appellant’s
case

Case of the appellant (Tasker)

ESTC: N15037
Counsel

[Signed] D. Ryder; W. Noel

 
Library

New York Public Library. Schwarzman Building: Rare Book Collection *KVB++ (1739, Jan. 25) (Ryder, D. Maryland) (Includes manuscript notes. The ESTC also shows another entry [N474463] for the New York Public Library for the appellant's case, but an additional copy cannot be located.) (Noted in ESTC? Yes.)

Respondent’s
case

Case of the respondent (Simpson)

ESTC: N15036
Counsel

[Signed] J. Strange

 
Library

New York Public Library. Schwarzman Building: Rare Book Collection *KVB++ (1739, Jan. 25) (Strange, J. Benjamin Tasker, esq. appellant) (Noted in ESTC? Yes.)

Privy Council Documents in PC 1 at The National Archives at Kew

Not found

 

Other Documents

Other Documents

See report on colonial court proceedings in Harris, Maryland Reports, under the name Brent’s Lessee v Tasker.