| Appeals to the Privy Council |
Report No. 13_1752_03 |
McCarty v McCarty (McCarty v Turf) |
Virginia |
| Case Name Short |
McCarty v Turf McCarty v McCarty |
| Case Name Long |
Daniel McCarty by Joseph Morton v Thomas Turf on the demise of Daniel McCarty |
Acts of the Privy Council, Colonial Series |
| APC Citation | v.4 [190] p.180–181 – 20 December 1752 – entry 1 |
| PC Register Citation | George II v.14 (1 April 1752 – 31 December 1753) p.272: PC 2/103/272 |
| APC Citation | v.4 [190] p.181 – 10 May 1753 – entry 2 |
| PC Register Citation | George II v.14 (1 April 1752 – 31 December 1753) p.287–288, 289, 359, 360–364, 408–409: PC 2/103/287–288, 289, 359, 360–364, 408–409 |
Colonial Courts |
|
General Court – 10 October 1751 |
Participants |
|
McCarty (M’Carty), Daniel (son of Daniel McCarty and brother of Dennis and Thaddeus McCarty) McCarty (M’Carty), Daniel of Fairfax county (deceased father of Dennis, Daniel, and Thaddeus McCarty) McCarty (M’Carty), Daniel, infant (son of Dennis McCarty and plaintiff in this action) McCarty (M’Carty), Dennis (son of Daniel McCarty and brother of Daniel and Thaddeus McCarty) McCarty (M’Carty), Thaddeus (son of Daniel McCarty and brother of Dennis and Daniel McCarty) Minor, John Morton, Joseph, gentleman (guardian of Daniel McCarty, infant) Payne, William Shirman, John Turf, Thomas (lessee) |
Description |
Land (action of ejectment, according to the APC; action of trespass and ejectment, according to the earlier entries in the Privy Council register; “a Declaration in an Action of Trespass and Ejectment,” according to the Committee report) in Copeley parish, Westmoreland County |
Disposition |
Reversed – respondent allowed to proceed to a new trial with a special verdict |
Notes |
|
There can be little doubt that Thomas Turf and the lease to him are fictional. On this and on the action of trespass and ejectment involved here, see Additional Research. From the record we have before us and the printed cases, it would seem that this is a suit between nephew and uncle, both named Daniel, and at issue is the interpretation of a clause in the grandfather’s will that deprived his son Daniel of the premises if he ceased to reside there and a deed by Dennis, the deceased father of the infant Daniel, in which Dennis waived his rights under that clause. The Committee, however, found the case confusing (hence, the result), and the record that we have may not tell the whole story. |
|
|
DOCUMENTATION |
Printed Cases |
| Appellant’s case |
Case of the appellant (McCarty) |
| Counsel | [Signed] W. Murray; A. Hume-Campbell |
| Note | The appellant’s case is titled: Daniel M’Carty, an Infant, by Jospeh Morton, Gent. his Guardian – appellant; Daniel M’Carty, of Fairfax County, in Virginia, and Thomas Turf, his feigned Lessee . . . respondent. |
| Library | Law Library of Congress: Sir George Lee collection |
| Respondent’s case |
Case of the respondent (Turf . . . “upon the fictitious demise of Daniel M’Carty”) |
| Counsel | [Signed] D. Ryder; K. Evans |
| Note | The respondent’s case gives the respondent as: Thomas Turf, the Plaintiff at Law, in an Ejectment upon a fictitious demise of Daniel M’Carty, of Fairfax County, in Virginia aforesaid, Gentleman. |
| Library | Law Library of Congress: Sir George Lee collection |
Privy Council Documents in PC 1 at The National Archives at Kew |
Not found |