{{italic title ''Ann Paxton Gee v William Pritchard and William Anderson'
(1818) 36 ER 670
is a landmark

judgment Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct uses. Aristotle s ...

of the UK

Chancery court The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...

. The case related to what matters the court could consider, court consistency and what constituted property.

Background

William Gee had been the

lord Lord is an appellation for a person or deity who has authority, control, or power (social and political), power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the Peerage ...

Beddington Park Beddington is a suburban settlement in the London Borough of Sutton on the boundary with the London Borough of Croydon. Beddington is formed from a village of the same name which until early the 20th century still included land which became t ...

Surrey Surrey () is a ceremonial county, ceremonial and non-metropolitan county, non-metropolitan counties of England, county in South East England, bordering Greater London to the south west. Surrey has a large rural area, and several significant ur ...

. William Pritchard was his

son A son is a male offspring; a boy or a man in relation to his parents. The female counterpart is a daughter. From a biological perspective, a son constitutes a first degree relative. Social issues In pre-industrial societies and some curren ...

and Mrs Ann Gee was Pritchard’s

step mother A stepmother, stepmum or stepmom is a non-biological female parent married to one's preexisting parent. A stepmother-in-law is a stepmother of one's spouse. Children from her spouse's previous unions are known as her stepchildren. Culture Step ...

. Mrs Gee had been on good terms with her step-son (who was also a Rev Pritchard) for numerous years and had corresponded, writing him letters about what she thought of his life and giving him guidance. However, they ceased to be on good terms and Pritchard sought to publish the letters. Pritchard sent the original letters back to Mrs Gee with a letter saying he was returning the correspondence but he secretly made a copy of the originals. However, in a letter dated 14 May 1818, Mrs Gee was notified that Pritchard intended to publish the letters. * Pritchard was

rector Rector (Latin for the member of a vessel's crew who steers) may refer to: Style or title *Rector (ecclesiastical), a cleric who functions as an administrative leader in some Christian denominations *Rector (academia), a senior official in an edu ...

at Walton on the Hill close to Beddington Park and many

parishioner A parish is a territorial entity in many Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest, often termed a parish priest, who might be assisted by one o ...

s were also tenants of Mrs Gee. His claim was that he sought to publish not for monetary reasons but that the various actions bought him into disrepute with the parishioners and he needed to clear his name. * Pritchard claimed that the letters were his sole property and he was entitled to make such use of them as he might think proper. * Mrs Gee sought an injunction to restrain publication of the letters as she felt the material would "wound her feelings and could have no other effect". The judgment does not give details of the letters beyond stating that they contained details of the Plaintiff’s marriage, but given that the Pritchard's birth was the product of an extramarital affair and his father, Mr Gee, had been the local lord of the manor, it is probable that it would have caused considerable harm to the Plaintiff it if it had been made public.

Decision

The Court held the case could proceed on the fact of property but not on the idea of feelings or wounded feelings or a violation of a trust or pledge but rather an injury to a property. Eldron LC held that "the

Plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...

(Mrs. Gee) had sufficient property in the original letters to authorise an

injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...

, unless she has by some act deprived herself of it", quoting Lord Chancellor Hardwicke in ''Pope v Curl'' "for at most the receiver has only a joint property with the writer."Pope v Curl 2 Aitkin 342 He repudiated an argument that the publication of letters would be restrained because their publication would be painful to the feelings of the Plaintiff. He said, "The question will be, whether the bill has stated facts of which the Court can take notice, as a case of civil property, which it is bound to protect".

Authorities

The judgment cited: * ''Pope v Curl'' 2 Atk 342 * ''Thompson v Stanhope'' Amb 737 * ''Lady Percaval v Phipps'' 2 Ves & Bw * ''Southey v Sherwood'' 2 Mer 435 * ''Earl of Granard v Dunkin'' 1 Bull and Beat 207 * ''Forester v Waller'' (1741) 4 Burr 2331 The decision has subsequently been Cited in: * '' Prince Albert v Strange'' (1849)

References

English property case law 1818 in British law 1818 in case law Court of Chancery cases