Author Topic: Help to find a case in Chancery on TNA Discovery  (Read 466 times)

Offline goldie61

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Help to find a case in Chancery on TNA Discovery
« on: Sunday 16 May 21 11:48 BST (UK) »
In the Visitations of Cornwall published 1887, there is a genealogy for the Pender family of Budock Vean, Cornwall.
There are several references on it to proceedings in the Court of Chancery, most of which I have found on TNA Discovery.
However there is one I cannot find.
This is the reference given for it on the genealogy:
1714-58, vol xxxix pt 95 No 1783.
Peter Pender of Penryn, Merchant, and others v Oliver Pender of Newlyn, Merchant and others. The parties were Partners Merchants, suit to compel settlement of accounts”


There are several records for Peter Pender verses other people on TNA, but I can’t see this one.
It may be headed under the name of one of the’ others’ I suppose, but there is no date given for the suit in the information on the genealogy to try and narrow it down.

Does anybody know how to relate the information given above into what date between 1714 and 1758 it might have been, and have any other ideas on how I can find it?

I have looked on WAALT, but can’t see any reference to it on there.

Many thanks
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline Bookbox

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Re: Help to find a case in Chancery on TNA Discovery
« Reply #1 on: Sunday 16 May 21 13:25 BST (UK) »
You would expect the pleadings, if they survive, to be in C 11, but the whole of C 11 is name-indexed in Discovery.

So maybe the reference is to a final decree in C 33, which wouldn’t be indexed online. The enrolled decrees in C 78 are on AALT for the whole of this period, and calendared, so you can browse them, year by year, but maybe you’ve already done that ...

https://waalt.uh.edu/index.php/Chancery_Final_Decrees

Otherwise, I might be wrong but I don’t think this can be sorted out online.

You might consider asking the legal records research team at TNA if they can recognise the reference and convert it to a piece number?

https://www.nationalarchives.gov.uk/contact-us/make-a-records-and-research-enquiry/make-a-records-and-research-enquiry-form/

Because physical access to the finding-aids at TNA is very restricted right now, the staff are being very helpful in such matters.

ADDED - as an afterthought, perhaps the case was heard in the Exchequer Court rather than in Chancery?

Offline goldie61

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Re: Help to find a case in Chancery on TNA Discovery
« Reply #2 on: Monday 17 May 21 00:11 BST (UK) »
Thanks Bookbox for your helpful advice.


Just to add, it does state "Chancery Proceedings" before all the information I quoted, so I think it must be in Chancery rather the Exchequer - somewhere!

I did have a brief look through C78 on WAALT, but without more idea of the year, I'd be there for months!

It sounds like the best bet is contacting TNA, and see if they can make sense of it.

Thanks again

Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline Bookbox

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Re: Help to find a case in Chancery on TNA Discovery
« Reply #3 on: Monday 17 May 21 00:31 BST (UK) »
I did have a brief look through C78 on WAALT, but without more idea of the year, I'd be there for months!

Did you use the finding-aid to C 78 on the link I gave above?

https://waalt.uh.edu/index.php/Chancery_Final_Decrees

Clicking on each year takes you to the calendar (or 'chronolist') of names/subjects for suits in that year. So you could search each year between 1714 and 1758 for Pender (e.g. using Ctrl + F on the page). It’s only 45 pages.

The case may not have got as far as a final decree, of course, but it could be worth a try.


Offline goldie61

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Re: Help to find a case in Chancery on TNA Discovery
« Reply #4 on: Monday 17 May 21 00:48 BST (UK) »
Thanks Bookbox.
I've now tried that. No luck finding it.
Back to plan B!
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline goldie61

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Re: Help to find a case in Chancery on TNA Discovery
« Reply #5 on: Sunday 23 May 21 11:30 BST (UK) »
I had a reply within a few days from TNA.
It had been indexed in 'the finding aids' under 'Pinder'.
And I thought I had exhausted all variations of 'Pender' I could think of or had seen in other documents.  :)
The entry still doesn't tell me much - in fact less than the footnote in the visitation. Not a priority to send for it at the moment.
They are going to change the entry in the catalogue.

Efficient service from TNA.
Lane, Burgess: Cheshire. Finney, Rogers, Gilman:Derbys
Cochran, Nicol, Paton, Bruce:Scotland. Bertolle:London
Bainbridge, Christman, Jeffs: Staffs

Offline Bookbox

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Re: Help to find a case in Chancery on TNA Discovery
« Reply #6 on: Sunday 23 May 21 11:39 BST (UK) »
Thanks for the update - excellent news.