1817.064: Argument delivered before Court of Appeals by John Browne Cutting.

Published: 1817

Full Title: Argument delivered before the judges of the Court of Appeals in Richmond, Virginia, in the case of Carter's executors―appellants, against Cutting and others― appellees, by John Browne Cutting. Occasioned by the necessary absence of one of his counsel, March 30, 1816. Chiefly intended to demonstrate that by the operation of the gaming statutes no gaming security can be rendered valid by devise.

Author: Cutting, John Browne (1755-1831).

Place Issued: Fredericksburg

Issuing Press: William F. Gray

Description: 34 pgs. (8vo).


Case with evident local interest, concerning the substantial estates of a son and a grandson of Landon Carter (1709-78), himself son of Robert "King" Carter (1663-1732), the wealthiest Virginian of the colonial era; grandson George Carter (1756-1802) was an chronic gambler, who covered his losses to one John Cooper in 1792 (£1840) with a mortgage on his Rippon Hall estate; his father, Robert Wormeley Carter (1734-97), assumed that debt before he died in 1797, so as to protect his son's family from the dissipation of George's assets; after George died in 1802, his executors were duped into believing that the Rippon Hall mortgage was still in effect, and paid the balance presumed still due Cooper; George's heirs (including Cutting's wife, Sarah Carter) sued the executors in chancery court for the misappropriation of George's property and won a favorable decision; in November 1816, the appellate court upheld that decision, as is recorded in an addendum on the closing pages here. Yet it is unclear whether the monies were ever recovered, particularly as Cooper was proved to have cheated Carter from the start, making the debt owed Cooper null and void, and so not an encumbrance of any estate ('devise") under a 1794 Virginia law. Imprint states simply: "Fredericksburg―1817." The only press operating there in 1817 was that of William F. Gray, so the attribution here.

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