Appeals to the Privy Council from the
Caribbean and Canadian Colonies
Report No. BAR_1738_02

Burke v Lane

Burnet v Lane

Lane v Lane

Barbados 

 

Case Name Long

John and Elizabeth Burke v Martha Lane

 
Case Name Long

Robert and Mary Burnet v Martha Lane

 
Case Name Long

Mary Lane v Martha Lane

 
 

Acts of the Privy Council, Colonial Series

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APC Citation  

v.3 [431] p.592 (23 Jan. 1738 – 22 March 1739)

 
  PC Register Citation

George II v.5 (1 Oct. 1736 – 4 Sept. 1738) p.393–394: PC 2/94/393–394

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  PC Register Citation

George II v.6 (1 Oct. 1738 – 27 March 1740) p.5, 10–11, 18, 44–45, 120, 121–124, 144: PC 2/95/5, 10–11, 18, 44–45, 120, 121–124, 144

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Colonial Courts

 
 

Chancery – 2 Aug. 1737

 

Participants

Burke (née Lane), Elizabeth, appellant (wife of John, daughter of Anthony Lane)

 

Burke, John, merchant, appellant (husband of Elizabeth)

 

Burnet (Burnett, née Lane), Mary, appellant (wife of Robert, daughter of Anthony Lane)

 

Burnet (Burnett), Robert, appellant (husband of Mary)

 

Lane, Anthony, deceased (husband of Mary [1], father of Elizabeth [now Elizabeth Burke] and Mary [2] [now Mary Burnet])

 

Lane, Elizabeth – see Burke, Elizabeth

 

Lane, John, deceased

 

Lane, Martha, widow, respondent (?executrix of John)

 

Lane, Mary (1), appellant (widow and executrix of Anthony)

 

Lane, Mary (2) – see Burnet, Mary

 

Description

Bill claiming the office of executrix.

Disposition

Decree reversed with further proceedings ordered.

Notes

The printed cases make clearer than does the APC who the parties were in the three different appeal cases. The respondent’s case also styles the case below as follows: “Between Martha Lane, of the Island of Barbados, Widow and only surviving Executrix of John Lane, Esq; her late Husband, deceasd, } Plaintiff. [And] Mary Lane, Widow and Executrix of Anthony Lane, Esq; deceasd, who was Brother of the said John Lane, Robert Burnett, Gent. and Mary his Wife, and John Burke, Merchant, and Elizabeth his Wife (which Mary and Elizabeth are the Daughters of the said Anthony Lane) all of the Island of Barbados, } Defendants.”


DOCUMENTATION

Printed Cases

Appellant’s case

Case of the appellant (John and Elizabeth Burke v Martha Lane, Mary Lane, and Robert and Mary Burnett)
Case of the appellant (Robert and Mary Burnet v Martha Lane, Mary Lane, and John and Elizabeth Burke)
Case of the appellant (Mary Lane v Martha Lane, John and Elizabeth Burke, and Robert and Mary Burnet)

Counsel

J. Strange (Burke v Lane);
Will. Hamilton (Burnet v Lane);
T. Bootle; C. Clarke (Lane v Lane).

 
Library

The John Carter Brown Library at Brown University: bD738.L266j (Printed/manuscript date on dorse 5 March 1738. Extensive manuscript notes on dorse are damaged, so that a portion is missing from the right-hand side and at least one line is missing from the bottom. No other manuscript notes or underlining.)

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Library

The John Carter Brown Library at Brown University: bD738.L266m (.Printed date on dorse 1738. No other manuscript notes or underlining.)

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Library

The John Carter Brown Library at Brown University: bD738.L266mL (Printed date on dorse 1738. No other manuscript notes or underlining.)

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Respondent’s case

Case of the respondent Martha Lane, “who was sole plaintiff below,” in:
John and Elizabeth Burke v Martha Lane, Mary Lane, and Robert and Mary Burnett;
Robert and Mary Burnett v Martha Lane, Mary Lane, and John and Elizabeth Burke;
Mary Lane v Martha Lane, John and Elizabeth Burke, and Robert and Mary Burnett.

Counsel

D. Ryder (in all three appeals)

 
Library

The John Carter Brown Library at Brown University: bD738.266b (Printed date on dorse 1738. Manuscript notes limited to two corrections. No underlining.)

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

 

Not found