SD919. Edward Moulton-Barrett (father) to Messrs. Anderson & Kemble
Published in The Brownings’ Correspondence, 4, 336–337 (in part).
London
July 2. 1838–
Dear Sirs
Barrett vs Vermont–
Still I have heard nothing either of the Brief or the Person whom you state you had entrusted it to, & as we can draw no [illegible word] from the Extract from Bill for Injunction aided by Mr Parton’s opinion of Demesne se on which we could get a satisfactory opinion, without it, I must wait until you have complied with my request made a Packet or two ago, that you would provide me a copy of the missing Document–
Barrett vs Barrett–
Last week |we| presented a Petition to the P. Council praying their Lordships to proceed to the hearing of the Appeal against Ld Sligo order for confirming McAnoff’s Report notwithstanding the death of my Brother, or that they would fix a time in which the Appellants should revive the Suit in Jamaica, so that the Appeal might be heard– We had previous to the death of my Brother lodged our pointed Cases, & obtained an order for the Appellants to bring in theirs—but our Petition did not state that the Will of my Brother had been proved in Jamaica & a representative appointed there against whom the appellants might revive the Suit, altho it appeared that it had been proved in this Country. For want of being able to substantiate the fact as regards the proving of the Will in Jamaica, the Petition was dismissed– Now the question is whether the Defendants in the Suit in Jamaica cannot give a notice of motion in the Court there to dismiss the Plaintiffs appeal for want of prosecution they having neglected to revive the Suit– But of course this will depend upon the time that has elapsed since the Will was proved– You will watch it, & act as you think best– Upon obtaining the exemplification of the Will which I suppose my Son will bring with him we shall ascertain what time they have had & at the Sitting in Novrif we hear nothing from you advising otherwise make another application to the Court to get a hearing– Their Lordships, from what fell from them, appeared not disposed to be over indulgent to them if they did not take proper means to prosecute the Suit–
At the same time they refused to hear a Petition from me for an appeal from the Commissioner & Compensation for non adjucation of my Brother’s claim for Compensation for apprentices at the Retreat, on the ground they had no jurisdiction in consequence of there being no adjudication upon stating the Lordship of the Case, as in fact it was a denial of justice for the Commissioners refused to award as the Property was in Suit & consequently from the Act, they could not interfere their Lordships recommended us to go to the Queens Bench & attain a mandamus, & there this rests; We are now considering whether it is expedient to go this expence with a chance of a defeat. Gordon is against it, thinking it better to bring forward the claim for Cinnamon Hill Negroes, where an award was made on a part of the claim namely for those Negroes who were my Brother’s private Property, but I dont think it will avail us, as the Commissioners kept the two claims distinct refusing to adjudicate upon the Negroes which my Grandfathers & hence I think the P. Council would come to the same decision as they did on the Retreat Claim—I am for it, [illegible word] the mandamus as if we fail we can come back to the Council. We had acted upon their advice and have been unsuccesful, besides we may tell the Q. Bench we went |there| at the express recommendation of the Council–
Nothing more has been heard of the Compromise, so I suppose it was all moonshine– By the bye, with regard to the Legacy Claim, altho I may not have any claim as coming in competition with the Morgagee, Dont I stand better in relation to Spring Estate than S. G. Barrett as claiming £20,000 secured by his Fathers marriage Settlements, on that Property—& after whom as regards this Estate, the morgagee only comes– Think of it, Let me hear from you soon, & if you cannot dispose of this Appeal in Jamaica, supply me with ammunition to fire at them here–
Yrs very truly
EMB
Publication: None traced.
Source: File copy at Eton College Library.
___________________
