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Decisions of the Superior Courts of New South Wales, 1788-1899

In re Mitchell, deceased [1839] NSWSupC 20

succession - felony attaint

Supreme Court of New South Wales

Dowling C.J. andWillis J., 26 March 1839

Source: Sydney Herald, 29 March 1839[1] 

In the goods of Matthew Mitchell, deceased. -- In this case Mr. Justice Willis said, that a petition had been addressed to the Court, praying that a debt might be paid to a person, who, according to the petition, was, at the time the debt became due a convict under sentence; Lord Wynford's Act in the case of William Ross tried for a felony, was held by the Court to have a retrospective effect, and by that Act no person can either hold or acquire property while under sentence of transportation, and therefore the Court was of opinion that the petition could not be supported.  The money in fact belongs to the Crown and the petitioner must try if he could prevail on the Crown to make him a grant of it.

 

Notes

[1] On earlier, proceedings, see Australian, 11 March 1839.

Published by the Division of Law, Macquarie University