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

view_APC

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

view  

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

view  

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

view  

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

view  

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)


DOCUMENTATION

Printed Cases

Not found

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

Not found