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Wythe and Committee to Congress, 6 April 1776

Gwsweeney — Wed, 08 Apr 2026 15:44:29 GMT

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	[[File:WytheAndCommittee6April1776p1.jpg\|thumb\|right\|350px\|Page one of reports from George Wythe and committee, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.]]]		[[File:WytheAndCommittee6April1776p1.jpg\|thumb\|right\|350px\|Page one of reports from George Wythe and committee, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from ''The Papers of the Continental Congress, 1774-1789,'' [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.]]]
	~~Introduction~~ and ~~summary~~.<ref>~~Please footnote sources~~.</ref>		A committee of correspondence, consisting of [[George Wythe]], [[wikipedia:Benjamin Harrison V\|Benjamin Harrison]], and [[wikipedia:Samuel Adams\|Samuel Adams]],<ref>[https://archive.org/details/journalsofcontin04unit/page/240/mode/2up ''Journals of the Continental Congress,''] vol. 4, January 1-June 4, 1776 (Washington, D.C.: Government Printing Office, 1906), p. 240.</ref> reported on April 6, 1776, to the [[wikipedia:Scond Continental Congress\|Scond Continental Congress]], regarding letters from General [[wikipedia:Philip Schuyler\|Philip Schuyler]], appointing [[wikipedia:Robert Yates (politician)\|Robert Yates]] (NY) as secretary for the Committee of Indian Affairs, Northern Department. The third resolve of the committee, concerning supplies for the colony of New York, was postponed.<ref>[https://archive.org/details/journalsofcontin04unit/page/260/mode/2up ''Journals of the Continental Congress,''] vol. 4, January 1-June 4, 1776 (Washington, D.C.: Government Printing Office, 1906), p. 260.</ref> The report of the committee survives, in Wythe's distinctive handwriting.<ref>''Papers of the Continental Congress,'' No. 19, V, folio 309.</ref>

	==Document text, 6 April 1776==		==Document text, 6 April 1776==
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	Resolved, that it is the opinion of this committee, that the contract made the sixteenth day of March last, between the committee of the convention of New York and mt Abraham Livingston for supplying the troops employed for the defense of that colony with the rations allowed by congress, <sub>^</sub><sup>and with</sup> fuel, and other necessities, be confirmed; but that the said convention be desired to <s>prevail upon</s> <sub>^</sub><sup>acquaint</sup> mr Livingston if he will [ ] <s>he</s><sup><s>it will be for th</s></sup> waive so much of the contract as concerns the supplying the Pennsylvania battalions serving in the said colony; <s>and if he will not consent to do so, that these battalions be withdrawn</s> it will be for the good of the public.		Resolved, that it is the opinion of this committee, that the contract made the sixteenth day of March last, between the committee of the convention of New York and mr Abraham Livingston for supplying the troops employed for the defense of that colony with the rations allowed by congress, <sub>^</sub><sup>and with</sup> fuel, and other necessities, be confirmed; but that the said convention be desired to <s>prevail upon</s> <sub>^</sub><sup>acquaint</sup> mr Livingston if he will [erased] <s>he</s><sup><s>it will be for th</s></sup> waive so much of the contract as concerns the supplying the Pennsylvania battalions serving in the said colony; <s>and if he will not consent to do so, that these battalions be withdrawn</s> it will be for the good of the public.
	\|}		\|}

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	===Page 2===		===Page 2===
	[[File:WytheAndCommittee6April1776p2.jpg\|thumb\|right\|350px\|Endorsement of a report from George Wythe and committee, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.]]]		[[File:WytheAndCommittee6April1776p2.jpg\|thumb\|right\|350px\|Endorsement of a report from George Wythe and committee, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from ''The Papers of the Continental Congress, 1774-1789,'' [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.]]]
	<blockquote>		<blockquote>
	no 10 April 19<sup>th</sup> 1776.<br />Report of the com-<br />mittee on gen<sup>l</sup> Schulyers<br />letter of the 2 april 1776<br />[ ] in 19 do —		no 10 April 19<sup>th</sup> 1776.<br />Report of the com-<br />mittee on gen<sup>l</sup> Schulyers<br />letter of the 2 april 1776<br />[Bro<sup>t</sup>?] in 19 do —
	</blockquote>		</blockquote>

	==See also==		==See also==
	*Philip Schuyler to John Hancock, referred to Wythe & Committee, 7 March 1776		*[[Address to the Indians]]
	*Philip Schuyler to John Hancock, referred to Wythe & Committee, 2 April 1776		*[[Address to the Foreign Mercenaries]]
			*[[Philip Schuyler to John Hancock, referred to Wythe & Committee, 7 March 1776]]
			*[[Philip Schuyler to John Hancock, referred to Wythe & Committee, 2 April 1776]]

	==References==		==References==
	<references/>		<references/>

	~~==External links==~~
	*Read this book in [https://books.google.com/ Google Books.]

	[[Category: Letters and Papers]]		[[Category: Letters and Papers]]

Picket v. Morris

Gsmith — Mon, 06 Apr 2026 17:17:50 GMT

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	{{DISPLAYTITLE:''Picket v. Morris''}} [[File:~~WytheAmblerVWyld1852~~.jpg\|link=Media:WashingtonsReports1799V2PicketvMorris.pdf \|thumb\|right\|300px\|First page of the opinion [[Media:WashingtonsReports1799V2PicketvMorris.pdf \|''Picket v. Morris'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia''], by Bushrod Washington. Richmond: T. Nicolson, 1799.]] [[Media:WashingtonsReports1799V2PicketvMorris.pdf \|''Picket v. Morris'']], 2 Va. (2 Wash.) 255 (1796),<ref>Bushrod Washington, ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia,''(Richmond: T. Nicolson, 1799), 2:255. </ref> was a case involving .		{{DISPLAYTITLE:''Picket v. Morris''}} [[File:PicketvMorris.jpg\|link=Media:WashingtonsReports1799V2PicketvMorris.pdf \|thumb\|right\|300px\|First page of the opinion [[Media:WashingtonsReports1799V2PicketvMorris.pdf \|''Picket v. Morris'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia''], by Bushrod Washington. Richmond: T. Nicolson, 1799.]] [[Media:WashingtonsReports1799V2PicketvMorris.pdf \|''Picket v. Morris'']], 2 Va. (2 Wash.) 255 (1796),<ref>Bushrod Washington, ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia,''(Richmond: T. Nicolson, 1799), 2:255. </ref> was a case involving .

File:PicketvMorris.jpg

Gsmith — Mon, 06 Apr 2026 17:17:34 GMT

Gsmith uploaded File:PicketvMorris.jpg

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Picket v. Morris

Gsmith — Mon, 06 Apr 2026 17:16:23 GMT

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	{{DISPLAYTITLE:''Picket v. Morris''}}		{{DISPLAYTITLE:''Picket v. Morris''}} [[File:WytheAmblerVWyld1852.jpg\|link=Media:WashingtonsReports1799V2PicketvMorris.pdf \|thumb\|right\|300px\|First page of the opinion [[Media:WashingtonsReports1799V2PicketvMorris.pdf \|''Picket v. Morris'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia''], by Bushrod Washington. Richmond: T. Nicolson, 1799.]] [[Media:WashingtonsReports1799V2PicketvMorris.pdf \|''Picket v. Morris'']], 2 Va. (2 Wash.) 255 (1796),<ref>Bushrod Washington, ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia,''(Richmond: T. Nicolson, 1799), 2:255. </ref> was a case involving .

	[[File:WytheAmblerVWyld1852.jpg\|link=Media:WashingtonsReports1799V2PicketvMorris.pdf \|thumb\|right\|300px\|First page of the opinion [[Media:WashingtonsReports1799V2PicketvMorris.pdf \|''Picket v. Morris'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia''], by Bushrod Washington. Richmond: T. Nicolson, 1799.]]

	[[Media:WashingtonsReports1799V2PicketvMorris.pdf \|''Picket v. Morris'']], 2 Va. (2 Wash.) 255 (1796),<ref>Bushrod Washington, ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia,''(Richmond: T. Nicolson, 1799), 2:255. </ref> was a case involving .



	==Background==		==Background==

Picket v. Morris

Gsmith — Mon, 06 Apr 2026 17:16:04 GMT

Created page with "{{DISPLAYTITLE:''Picket v. Morris''}} link=Media:WashingtonsReports1799V2PicketvMorris.pdf |thumb|right|300px|First page of the opinion [[Media:WashingtonsReports1799V2PicketvMorris.pdf |''Picket v. Morris'', in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia''], by Bushrod Washington. Richmond: T. Nicolson, 1799.]] Media:WashingtonsReports1799V2PicketvMor..."

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{{DISPLAYTITLE:''Picket v. Morris''}}

[[File:WytheAmblerVWyld1852.jpg|link=Media:WashingtonsReports1799V2PicketvMorris.pdf |thumb|right|300px|First page of the opinion [[Media:WashingtonsReports1799V2PicketvMorris.pdf |''Picket v. Morris'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia''], by Bushrod Washington. Richmond: T. Nicolson, 1799.]]

[[Media:WashingtonsReports1799V2PicketvMorris.pdf |''Picket v. Morris'']], 2 Va. (2 Wash.) 255 (1796),<ref>Bushrod Washington, ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia,''(Richmond: T. Nicolson, 1799), 2:255. </ref> was a case involving .

==Background==

In 1785, Morris bought 2,000 acres of land in Kentucky from Littlepage. The transaction cost £600, to which Morris paid £400 as a bond, payable at a future date, and promissory note for £200 which at the time of litigation had been discharged.

===The Court's Decision===

Upon hearing the case, Chancellor Wythe dissolved the injunction and perpetuated the residual effect of the injunction. Additionally, Wythe decreed that Morris should assign to Picket the judgment he obtained against Stockdell. Finally, Wythe dismissed the case for the claim against Littlepage. The Court of Appeals affirmed the Chancellor’s decree. The Court really looks at the Court of Chancery’s jurisdiction particularly in cases masked with issue of law and issues of equity.

==See also==

*[[Wythe's Judicial Career]]

==References==

<references/>

__NOTOC__

[[Category: Cases]]

Pendleton's Exc'r v. Stewart

Gsmith — Mon, 06 Apr 2026 17:01:15 GMT

Background

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	{{DISPLAYTITLE:''Pendleton's Exc'r v. Stewart''}}		{{DISPLAYTITLE:''Pendleton's Exc'r v. Stewart''}}
	[[File:PendletonsExcr.jpg\|link=Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|thumb\|right\|300px\|First page of the opinion [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]]		[[File:PendletonsExcr.jpg\|link=Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|thumb\|right\|300px\|First page of the opinion [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]]
	In [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], 10 Va. (5 Call) 1 (1804),<ref>Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia,'' (Richmond: R. I. Smith, 1833), 5:1. </ref> the court determined whether a purchaser could be relieved in equity ~~when buying 1100 acres “more~~ or ~~less” and it turns out to be~~ less.		In [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], 10 Va. (5 Call) 1 (1804),<ref>Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia,'' (Richmond: R. I. Smith, 1833), 5:1. </ref> the court determined whether a purchaser could be relieved in equity in a contract for a specific amount of land, conditioned by the words "more or less."

	==Background==		==Background==

	James Pendleton entered into an agreement to ~~buy~~ 1100 acres of land, more or less. The land was sold at a fixed price, rather than by the acre. After the sale, the executors found the land belonged to various other people and greatly diminished the quantity of the land. Stewart ~~argued that~~ he offered to cancel the contract, but ~~the James~~ refused~~. He,~~ then, withheld the purchase money and sued Stewart in the High Court of Chancery for specific performance of the contract and a corresponding deduction in the purchase money.		James Pendleton and William Stewart entered into the following agreement: <blockquote>Memo. of an agreement between William Stewart of the county of K. G. and James Pendleton of the county of Culpeper. The said Stewart has agreed to sell to said Pendleton 1100 acres of land (more or less) adjoining said Pendleton, for the sum of £ 330, to be paid at four equal yearly payments, the first to commence on the 25th of December, 1784. Witness our hands and seals this 30th day of September, 1783.</blockquote> The land was sold at a fixed price, rather than by the acre. After the sale, the executors found the land belonged to various other people and greatly diminished the quantity of the land. According to Stewart, he offered to cancel the contract, but Pendleton refused and then withheld the purchase money. A judgment was issued against him, and after his death, Pendleton's executors sued Stewart in the High Court of Chancery for specific performance of the contract and a corresponding deduction in the purchase money based on the deficiency.

	===The Court's Decision===		===The Court's Decision===

	Chancellor Wythe dismissed the case. The Court of Appeals reversed reasoning that Wythe should have conveyed the land to ~~James’s~~ testators after Stewart received the full amount of the purchase money due.		Chancellor Wythe dismissed the case. The Court of Appeals reversed, reasoning that the wording of "more or less" did not contain any warrant to a certain quantity of land, and therefore Pendleton was not entitled to any deduction. However, the Court ruled that rather than dismissing the case, Wythe should have conveyed the land to Pendleton’s testators as it was described in the contract after Stewart received the full amount of the purchase money due.

	==See also==		==See also==

Wythe and Committee to Congress, 6 April 1776

Gwsweeney — Mon, 06 Apr 2026 16:54:05 GMT

External links

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	<blockquote>		<blockquote>
			{\|
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	The committee to whom the letters from major general Schuyler, dated the seventh and nineteenth, and from William Paulding, esq., chairman of the convention of New-York, dated the twenty sixth days of March last, were referred, have examined the matters thereof, and come to several resolutions thereupon, which are as followeth: viz.		The committee to whom the letters from major general Schuyler, dated the seventh and nineteenth, and from William Paulding, esq., chairman of the convention of New-York, dated the twenty sixth days of March last, were referred, have examined the matters thereof, and come to several resolutions thereupon, which are as followeth: viz.

			\|-
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			agreed

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	Resolved, that it is the opinion of this committee, that the the committee of inspection and observation of Albany be desired to examine state and settle the accounts of expenses <sup>which shall be laid before them by general Schuyler</sup> incurred in the taking of Ticonderoga and Crown-point, and report the same to congress.		Resolved, that it is the opinion of this committee, that the the committee of inspection and observation of Albany be desired to examine state and settle the accounts of expenses <sup>which shall be laid before them by general Schuyler</sup> incurred in the taking of Ticonderoga and Crown-point, and report the same to congress.

	Resolved, that it is the opinion of this committee, that mr Robert Yates be appointed secretary to the commissioners for indian affairs in the northern department, and be allowed at the rate of ~~<tt>~~Two hundred fifty</tt> ~~dollars by~~ the ~~year~~.		\|-
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			(a)
			agreed

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			Resolved, that it is the opinion of this committee, that mr Robert Yates be appointed secretary to the commissioners for indian affairs in the northern department, and be allowed at the rate of '''Two hundred fifty''' dollars by the year.

			\|-
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			Resolved, that it is the opinion of this committee, that the contract made the sixteenth day of March last, between the committee of the convention of New York and mt Abraham Livingston for supplying the troops employed for the defense of that colony with the rations allowed by congress, <sub>^</sub><sup>and with</sup> fuel, and other necessities, be confirmed; but that the said convention be desired to <s>prevail upon</s> <sub>^</sub><sup>acquaint</sup> mr Livingston if he will [ ] <s>he</s><sup><s>it will be for th</s></sup> waive so much of the contract as concerns the supplying the Pennsylvania battalions serving in the said colony; <s>and if he will not consent to do so, that these battalions be withdrawn</s> it will be for the good of the public.
			\|}

	Resloved, that it is the opinion of this committee, that the contract made the sixteenth day of March last, between the committee of the convention of New York and mt Abraham Livingston for supplying the troops employed for the defense of that colony with the rations allowed by congress, <sub>^</sub><sup>and with</sup> fuel, and other necessities, be confirmed; but that the said convention be desired to <s>prevail upon</s> <sub>^</sub><sup>acquaint</sup> mr Livingston if hew will [ ] so much of the contract as concerns the supplying the Pennsylvania battalions serving in the said colony; <s>and if he will not consent to do so, that these battalions be withdrawn</s> it will be for the good of the public.
	</blockquote>		</blockquote>

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	==See also==		==See also==
	*~~[[S. Bassett French Biographical Sketch]]~~		*Philip Schuyler to John Hancock, referred to Wythe & Committee, 7 March 1776
	*~~Other Related Wythepedia Pages~~		*Philip Schuyler to John Hancock, referred to Wythe & Committee, 2 April 1776

	==References==		==References==
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	*Read this book in [https://books.google.com/ Google Books.]		*Read this book in [https://books.google.com/ Google Books.]

	[[Category: ~~Biographies (Articles)~~]]		[[Category: Letters and Papers]]

File:WytheAndCommittee6April1776p2.jpg

Gwsweeney — Mon, 06 Apr 2026 16:24:59 GMT

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	== Summary ==		== Summary ==
	~~Page one~~ of ~~reports~~ from [[George Wythe]] and ~~committees~~, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-308-us-continental-congress-papers-1774-1789 Fold3.]		Endorsement of a report from [[George Wythe]] and committee, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-308-us-continental-congress-papers-1774-1789 Fold3.]

File:WytheAndCommittee6April1776p1.jpg

Gwsweeney — Mon, 06 Apr 2026 16:24:18 GMT

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	== Summary ==		== Summary ==
	Page one of ~~reports~~ from [[George Wythe]] and ~~committees~~, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.]		Page one of a report from [[George Wythe]] and committee, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.]

			[[Category: Letters and Papers]]

Wythe and Committee to Congress, 6 April 1776

Gwsweeney — Mon, 06 Apr 2026 16:23:30 GMT

Created page with "thumb|right|350px|Page one of reports from George Wythe and committee, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.] Introduction and summary.<ref>Please footnote sources.</ref> ==Document text, 6 April 1776== ===Page 1=== <blockquote..."

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[[File:WytheAndCommittee6April1776p1.jpg|thumb|right|350px|Page one of reports from George Wythe and committee, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.]]]
Introduction and summary.<ref>Please footnote sources.</ref>

==Document text, 6 April 1776==
===Page 1===

<blockquote>
The committee to whom the letters from major general Schuyler, dated the seventh and nineteenth, and from William Paulding, esq., chairman of the convention of New-York, dated the twenty sixth days of March last, were referred, have examined the matters thereof, and come to several resolutions thereupon, which are as followeth: viz.

Resolved, that it is the opinion of this committee, that the the committee of inspection and observation of Albany be desired to examine state and settle the accounts of expenses which shall be laid before them by general Schuyler incurred in the taking of Ticonderoga and Crown-point, and report the same to congress.

Resolved, that it is the opinion of this committee, that mr Robert Yates be appointed secretary to the commissioners for indian affairs in the northern department, and be allowed at the rate of <tt>Two hundred fifty</tt> dollars by the year.

Resloved, that it is the opinion of this committee, that the contract made the sixteenth day of March last, between the committee of the convention of New York and mt Abraham Livingston for supplying the troops employed for the defense of that colony with the rations allowed by congress, ^and with fuel, and other necessities, be confirmed; but that the said convention be desired to <s>prevail upon</s> ^acquaint mr Livingston if hew will [ ] so much of the contract as concerns the supplying the Pennsylvania battalions serving in the said colony; <s>and if he will not consent to do so, that these battalions be withdrawn</s> it will be for the good of the public.
</blockquote>

===Page 2===
[[File:WytheAndCommittee6April1776p2.jpg|thumb|right|350px|Endorsement of a report from George Wythe and committee, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.]]]
<blockquote>
no 10 April 19th 1776. Report of the com- mittee on genl Schulyers letter of the 2 april 1776 [ ] in 19 do —
</blockquote>

==See also==
*[[S. Bassett French Biographical Sketch]]
*Other Related Wythepedia Pages

==References==
<references/>

==External links==
*Read this book in [https://books.google.com/ Google Books.]

[[Category: Biographies (Articles)]]

File:WytheAndCommittee6-19April1776P2.jpg

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== Summary ==
Page one of reports from [[George Wythe]] and committees, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-308-us-continental-congress-papers-1774-1789 Fold3.]

File:WytheAndCommittee6-19April1776P1.jpg

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File:WytheAndCommittee6-19April1776.jpg

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File:WytheAndCommittee6-19April1776P2.jpg

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Gwsweeney uploaded File:WytheAndCommittee6-19April1776P2.jpg Page one of reports from George Wythe and committees, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-308-us-continental-congress-papers-1774-1789 Fold3.]

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File:WytheAndCommittee6-19April1776.jpg

Gwsweeney — Mon, 06 Apr 2026 14:54:40 GMT

Gwsweeney uploaded File:WytheAndCommittee6-19April1776.jpg Page one of reports from George Wythe and committees, including letters from General Schuyler, and the Committee for Indian Affairs, Northern department, dated read April 19, 1776. Image from [https://www.fold3.com/image/347050/p-s-vol-5-page-309-us-continental-congress-papers-1774-1789 Fold3.]

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Pendleton's Exc'r v. Stewart

Gsmith — Mon, 06 Apr 2026 14:43:32 GMT

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	{{DISPLAYTITLE:''Pendleton's Exc'r v. Stewart''}}		{{DISPLAYTITLE:''Pendleton's Exc'r v. Stewart''}}
	[[File:~~WytheAmblerVWyld1852~~.jpg\|link=Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|thumb\|right\|300px\|First page of the opinion [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]]		[[File:PendletonsExcr.jpg\|link=Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|thumb\|right\|300px\|First page of the opinion [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]]
	In [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], 10 Va. (5 Call) 1 (1804),<ref>Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia,'' (Richmond: R. I. Smith, 1833), 5:1. </ref> the court determined whether a purchaser could be relieved in equity when buying 1100 acres “more or less” and it turns out to be less.		In [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], 10 Va. (5 Call) 1 (1804),<ref>Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia,'' (Richmond: R. I. Smith, 1833), 5:1. </ref> the court determined whether a purchaser could be relieved in equity when buying 1100 acres “more or less” and it turns out to be less.

File:PendletonsExcr.jpg

Gsmith — Mon, 06 Apr 2026 14:43:06 GMT

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Pendleton's Exc'r v. Stewart

Gsmith — Mon, 06 Apr 2026 14:21:36 GMT

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	{{DISPLAYTITLE:''Pendleton's Ex'rs v Stewart''}}		{{DISPLAYTITLE:''Pendleton's Exc'r v. Stewart''}}

	[[File:WytheAmblerVWyld1852.jpg\|link=Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|thumb\|right\|300px\|First page of the opinion [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]]		[[File:WytheAmblerVWyld1852.jpg\|link=Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|thumb\|right\|300px\|First page of the opinion [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]]

	In [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], 10 Va. (5 Call) 1 (1804),<ref>Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia,'' (Richmond: R. I. Smith, 1833), 5:1. </ref> the court determined whether a purchaser could be relieved in equity when buying 1100 acres “more or less” and it turns out to be less.		In [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf\|''Pendleton's Ex'rs v Stewart'']], 10 Va. (5 Call) 1 (1804),<ref>Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia,'' (Richmond: R. I. Smith, 1833), 5:1. </ref> the court determined whether a purchaser could be relieved in equity when buying 1100 acres “more or less” and it turns out to be less.



	==Background==		==Background==

Pendleton's Exc'r v. Stewart

Gsmith — Mon, 06 Apr 2026 14:20:48 GMT

Created page with " {{DISPLAYTITLE:''Pendleton's Ex'rs v Stewart''}} link=Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf|thumb|right|300px|First page of the opinion [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf|''Pendleton's Ex'rs v Stewart'', in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]] In Media:CallsReports..."

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{{DISPLAYTITLE:''Pendleton's Ex'rs v Stewart''}}

[[File:WytheAmblerVWyld1852.jpg|link=Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf|thumb|right|300px|First page of the opinion [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf|''Pendleton's Ex'rs v Stewart'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia''], by Daniel Call. Richmond: R. I. Smith, 1833.]]

In [[Media:CallsReports1854V1Pendleton'sEx'rvStewart.pdf|''Pendleton's Ex'rs v Stewart'']], 10 Va. (5 Call) 1 (1804),<ref>Daniel Call, ''Reports of Cases Argued and Decided in the Court of Appeals of Virginia,'' (Richmond: R. I. Smith, 1833), 5:1. </ref> the court determined whether a purchaser could be relieved in equity when buying 1100 acres “more or less” and it turns out to be less.

==Background==

James Pendleton entered into an agreement to buy 1100 acres of land, more or less. The land was sold at a fixed price, rather than by the acre. After the sale, the executors found the land belonged to various other people and greatly diminished the quantity of the land. Stewart argued that he offered to cancel the contract, but the James refused. He, then, withheld the purchase money and sued Stewart in the High Court of Chancery for specific performance of the contract and a corresponding deduction in the purchase money.

===The Court's Decision===

Chancellor Wythe dismissed the case. The Court of Appeals reversed reasoning that Wythe should have conveyed the land to James’s testators after Stewart received the full amount of the purchase money due.

==See also==

*[[Wythe's Judicial Career]]

==References==

<references/>

__NOTOC__

[[Category: Cases]]

Payne v. Dudley

Gsmith — Mon, 06 Apr 2026 14:12:38 GMT

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	{{DISPLAYTITLE:''Payne v. Dudley''}}		{{DISPLAYTITLE:''Payne v. Dudley''}}
	[[File:Payne_v._Dudley.jpg\|link=Media:WashingtonsReports1798V1PaynevDudley.pdf\|thumb\|right\|300px\|First page of the opinion [[Media:WashingtonsReports1798V1PaynevDudley.pdf\|''Payne v. Dudley'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia''], by Bushrod Washington. Richmond: T. Nicolson, 1798.]][[Media:WashingtonsReports1798V1PaynevDudley.pdf\|''Payne v. Dudley'']], 1 Va. (1 Wash.) 196 (1793),<ref>Bushrod Washington, ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia,'' (Richmond: T. Nicolson, 1798), 1:196.</ref> was a ~~debtor/creditor~~ case.		[[File:Payne_v._Dudley.jpg\|link=Media:WashingtonsReports1798V1PaynevDudley.pdf\|thumb\|right\|300px\|First page of the opinion [[Media:WashingtonsReports1798V1PaynevDudley.pdf\|''Payne v. Dudley'']], in [https://catalog.swem.wm.edu/law/Record/2099031 ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia''], by Bushrod Washington. Richmond: T. Nicolson, 1798.]][[Media:WashingtonsReports1798V1PaynevDudley.pdf\|''Payne v. Dudley'']], 1 Va. (1 Wash.) 196 (1793),<ref>Bushrod Washington, ''Reports of Cases Argued and Determined in the Court of Appeals of Virginia,'' (Richmond: T. Nicolson, 1798), 1:196.</ref> was a case involving debtors and creditors.

	==Background==		==Background==

	William Payne, John Payne’s executor, sued in the High Court of Chancery stating that John Payne owed a debt to Fleet, who obtained a judgement against him in 1766. William Dudley, Fleet’s executor, was looking through his papers and found the same bond against John Payne. William Dudley then sued in a different ~~court~~ than the one the original judgement was obtained. William Payne was unaware of this second proceeding and could not plead at bar, thus a second judgment was made against John Payne in 1789. William Payne sued Dudley in the High Court of Chancery to obtain relief from the second judgment. William Payne argued that in 1766 John Payne gave a large part of his property to John Semple to the pay the debt in question, thus the debt was satisfied. In his answer, Dudley denied any knowledge of the 1766 judgment and insisted that the debt was still unsatisfied.		William Payne, John Payne’s executor, sued in the High Court of Chancery stating that John Payne owed a debt to Fleet, who obtained a judgement against him in 1766. William Dudley, Fleet’s executor, was looking through his papers and found the same bond against John Payne. William Dudley then sued in a court different than the one where the original judgement was obtained. William Payne was unaware of this second proceeding and could not plead at bar, thus a second judgment was made against John Payne in 1789. William Payne sued Dudley in the High Court of Chancery to obtain relief from the second judgment. William Payne argued that in 1766 John Payne gave a large part of his property to John Semple to the pay the debt in question, thus the debt was satisfied. In his answer, Dudley denied any knowledge of the 1766 judgment and insisted that the debt was still unsatisfied.

	===The Court's Decision===		===The Court's Decision===

	Since the 1766 judgment was based solely on confession, without specifying any precise sum, Chancellor Wythe dismissed the case with the belief that the equity sought was not admitted by the answer and not supported by evidence. The Court of Appeals affirmed the decision.		Since the 1766 judgment was based solely on confession, without specifying any precise sum, Chancellor Wythe dismissed the case with the belief that the equity sought was not admitted by the answer and not supported by evidence. The Court of Appeals affirmed the decision.

	==See also==		==See also==