Appeals to the Privy Council

Report No. 11_1756_00

Brenton v Sylvester

Rhode Island 

Case Name Short

Brenton v Sylvester

Not a ‘true’ appeal.
Case Name Long

Jahleel Brenton, Benjamin Wickham and George Gardner v Joseph Sylvester

 

Acts of the Privy Council, Colonial Series

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APC Citation 

v.4 [297] p.323 – 7 January 1756 – entry 1

 
PC Register Citation 

George II v.16 (1 January 1756 – 31 December 1757) p.2: PC 2/105/2

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Colonial Courts

Proceedings in colonial court unclear

Participants

Brenton, Jahleel, esquire

Browne, Mr. (appears for Joseph Sylvester)

Gardner, George

Smith, Mr. (appears for Joseph Sylvester)

Sylvester, Joseph

Wickham, Benjamin, merchant

Description

Not stated in Acts of the Privy Council, Colonial Series

Disposition

Not stated in Acts of the Privy Council, Colonial Series

Notes

Related to other Privy Council Appeals:

    Freebody v Brenton – Report No. 11_1758_00 (APC, v.4 [366] p.395–396)

    Freebody v Brenton – Report No. 11_1766_04 (APC, v.5 [14] p.24)

The only record in the APC in Brenton v Sylvester notes an appearance of counsel for Sylvester, respondent in an appeal brought by Brenton, Wickham, and Gardiner (the more common spelling in the related appeals). Brenton, Wickham, and Gardiner, as we learn in Freebody v Brenton, were commissioners for the distribution of the estate of the insolvent Joseph Whipple. The two Freebody v Brenton cases are closely related. They involve mortgages, in which the elder Freebody seems to have been the mortgagee, and a dispute about whether the conditions of the mortgages had been fulfilled. The first of the two cases is an appeal by the elder Freebody. The second of the two cases is a revival of the first appeal brought by the elder Freebody’s sons as executors of his estate. The relationship of these cases to Brenton v Sylvester may simply be that the commissioners for the distribution of the estate of the insolvent Joseph Whipple were involved in both, or it may be closer. The records that we have examined do not allow us to tell which it is.


DOCUMENTATION

Printed Cases

Not found

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

Not found