| Appeals to the Privy Council |
| Report No. 10_1765_01 |
|
Pennsylvania |
| Case Name Short |
Fothergill v Stover |
| Case Name Long |
John Fothergill, Daniel Zachary, Thomas How, Devereux Bowley, Luke Hind, Jacob Hagen, Silvanus Grove and William Heron v Christian Stover |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.4 [587] p.698–699 – 1 February 1765 – entry 1 |
| PC Register Citation | George III v.4 (1 October 1764 – 27 August 1766) p.83, 199–200: PC 2/111/83, 199–200 |
| APC Citation | v.4 [587] p.699 – 13 February 1767 – entry 2 |
| PC Register Citation | George III v.5 (August 1766 – January 1768) p.126, 167: PC 2/112/126, 167 |
Colonial Courts |
|
Supreme Court – 15 April 1763 |
Participants |
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Bowley, Devereux (trustee of the Pennsylvania Land Company) Fothergill, John (trustee of the Pennsylvania Land Company) Grove, Silvanus (trustee of the Pennsylvania Land Company) Hagen, Jacob (trustee of the Pennsylvania Land Company) Heron, William (trustee of the Pennsylvania Land Company) Hind, Luke (trustee of the Pennsylvania Land Company) How, Thomas (trustee of the Pennsylvania Land Company) Stover, Christian Zachary, Daniel (trustee of the Pennsylvania Land Company) |
Description |
Land (action of ejectment) in dispute in township of Lampiter in Lancaster County |
Disposition |
Dismissed |
Notes |
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On the ejectment action involved here, see Additional Research. Andrews, Guide to Manuscript Materials, p.167, refers to the case as Pennsylvania Land Co. v Stover. The New York Public Library catalogue notes: “The claim of the respondent is to 500 acres of land situate in Lancaster County, Pennsylvania on Connestogoe Creek: being part of the original grant of land by the Proprietors. There are 3 engraved survey maps in the body of this document and a large detached map of such portions of Pennsylvania, Maryland and Virginia and the bays of Delaware and Chesapeak as are next adjacent.” Several of the holding libraries here note a separate map. These maps have not been compared with each other. For a fascinating history of the separate map (variously described by the holding libraries), see Wainwright, “Tale of a Runaway Cape.” |
References in Smith, Appeals to the Privy Council from the American Plantations |
Table of Cases (Fothergill v Stover) |
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DOCUMENTATION |
Printed Cases |
| Appellant’s case | Case of the appellant (Fothergill) |
| Counsel | [Signed] C. Yorke; Wm. Wynne |
| Note | Appendix to case of the appellant |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36220 f.73–74 (Includes manuscript notes and appendix, f.75–76) |
| Library | Law Library of Congress: Rare Books – Law Library Reading Room – KD379.F68 J64 1766 (Includes appendix) |
| Library | Wisconsin Historical Society: Historical Society Library Pamphlets in Rare Book – 77–293b Super Oversize (Includes appendix) |
| Respondent’s case | Case of the respondent (Stover) |
ESTC: N63621 |
| Counsel | [Signed] W. DeGrey; Fl. Norton |
| Note | The respondent’s case is titled as follows: Pennsylvania. Timothy Peaceable (upon the demise of John Fothergill . . . ) appellant and Christian Stover, respondent. |
| Library | British Library: (Hardwicke Papers) Additional Manuscripts 36220 f.77–79 (Includes manuscript notes) (Noted in ESTC? No.) |
| Library | Historical Society of Pennsylvania: *Am 1766 Sto Ap766 P41 (Local note indicates that the Historical Society of Pennsylvania copy is in the Library Company of Philadelphia.) (Noted in ESTC? Yes.) |
| Library | Huntington Library: Rare Books – 181096 (Noted in ESTC? Yes.) |
| Library | John Carter Brown Library: MD 86 (Noted in ESTC? Yes.) |
| Library | Law Library of Congress: Rare Books – Law Library Reading Room – KD379.F68 S76 1766 LL Trials (2 copies) (Noted in ESTC? No.) |
| Library | Library Company of Philadelphia: Rare *Am 1766 Sto 6477.F (Noted in ESTC? Yes.) |
| Library | Maryland State Archives: Special Collections – Accessions No. MSA SC 1399–1–486 Location: B5/05/05/19 (Includes separate map) (Noted in ESTC? No.) |
| Library | New York Public Library. Schwarzman Building: Rare Book Collection *KF+++ 1766 (Stover, C. Pennsylvania) (Includes separate map) (Noted in ESTC? No.) |
| Library | New York State Library: 342.7480231 fD321 203–8024 – 1 BOOK – F N (Noted in ESTC? No.) |
| Library | Private Collection (Noted in ESTC? No.) |
| Library | State Library of Pennsylvania: Forum – Rare Books – Flat – 346 St76p 1766 (2 copies, one includes notes) (Noted in ESTC? No.) |
| Library | University of Delaware. Morris Library: Special Collections F 157.B7 W357 (Includes separate map) (Noted in ESTC? Yes.) |
| Library | University of Michigan. William L. Clements Library: FF 1766 Wa (2.3) (Includes separate map. One word written in the margin of the map is crossed out and illegible.) (Noted in ESTC? No.) |
| Library | Wisconsin Historical Society: Historical Society Library Pamphlets in Rare Book – 77–292 Super Oversize (Noted in ESTC? No.) |
| Library | Yale University. Sterling Memorial Library: Franklin Collection, Room 230, 766+St7 (Noted in ESTC? No.) |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |
Other Documents |
| Other Documents | See Dallas, Reports 1 (1 U.S. [1 Dall.]), p.6 (Pa. 1763): Lessee of Fothergill and others versus Christian Stover. |
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