Between William Yates and Sarah his Wife, Plaintiffs, and Abraham Salle, Bernard Markham, Edward Moseley, Benjamin Harris, and William Wager Harris, Defendents

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by George Wythe

Between Yates and Salle
George Wythe bookplate.jpg
Title not held by The Wolf Law Library
at the College of William & Mary.
Author George Wythe
Published n.p. (Richmond, VA?): n.p. (Thomas Nicolson?)
Date 1796?
Language English
Volumes volume set
Pages 18
Desc. 8vo (20 cm.)

Between Yates and Salle[1] is a published opinion by George Wythe, for the case Yates v. Salle, Wythe 163 (1792), in Virginia's High Court of Chancery.[2][3] The report was almost certainly printed by Thomas Nicolson of Richmond, Virginia, who had published Wythe's Reports in 1795, and at least seven other supplements for Wythe, in 1796 and after.[4]

Writing in the second edition of Wythe's Reports in 1852, B.B. Minor comments:

A legacy from a father to his daughter, (payable 100 £ within twelve months after August, 1777, and the rest at the discretion of his executors, when it could be conveniently raised from the profits of his estate,) paid in 1778, to her guardian in depreciated paper money, is, by the subsequent act of 1781 good, and will be a discharge at the nominal amount, as to both the executors and co-legates. And the guardian, having lent out part of the money, and received it in depreciated paper, which he at last funded, is not liable for the loss by depreciation.

So held by the Court of Appeals; See 1 Wash. 226. The Comments thereon by the Chancellor, who had held otherwise. This case is not in the Chancellor's volume of Reports, but one of the pamphlets afterwards issued.[5]

Evidence for Inclusion in Wythe's Library

Although the location of Wythe's copy of this pamphlet has not been determined, he certainly would have owned copies of his own published reports. Thomas Jefferson owned a copy of this pamphlet, bound into a volume with six of Wythe's other Chancery decisions which were published as supplements, some of which bear Wythe's handwritten corrections and notes.[6] Subsequently, the volume became part of the collection at the Library of Congress, titled on the spine: Wythe's Reports. Supplement. Virginia. 1796-99.[7] The pamphlet for Between Yates and Salle has a handwritten notation, "no. 6," on the first page.

See also


  1. George Wythe, Between William Yates and Sarah his Wife, Plaintiffs, and Abraham Salle, Bernard Markham, Edward Moseley, Benjamin Harris, and William Wager Harris, Defendents [sic] (Richmond, VA: Thomas Nicolson, 1796?).
  2. George Wythe, Decisions of Cases in Virginia by the High Court of Chancery with Remarks upon Decrees by the Court of Appeals, Reversing Some of Those Decisions, 2nd ed., ed. B.B. Minor (Richmond: J.W. Randolph, 1852), 163.
  3. Minor had access to a bound volume of pamphlets which had belonged to James Madison, and was then in the possession of William Green of Culpeper, Virginia. The Catalogue of the Choice and Extensive Law and Miscellaneous Library of the late Hon. William Green, LL.D.,... to be sold by Auction, January 18th, 1881, at Richmond, VA. (Richmond: John E. Laughton, Jr., 1881), lists the volume as follows (p. 200). Mysteriously missing from the catalogue, however, is an entry for Between Yates and Salle, specifically mentioned by Minor to have been issued as a pamphlet, presumably provided by Green (Minor, p. 163).

    2325. WYTHE'S REPORTS. Aylett & Aylett, Richmond: 1796; Field & Harrison, Richmond: 1796. WYTHE (GEO.). Case upon the Statute for Distribution, Richmond: 1796. Wilkins & John Taylor, et als.; Fowler & Saunders. In one vol., 12mo. Auto. of President James Madison. Ms. notes. A rare collection of the Original Imprints, supposed by the late possessor to be unique.

  4. Charles Evans, in his American Bibliography, vol. 11 (1942), gives the presumed year of publication as 1796, but mistakenly says the pamphlet contains 30 pages.
  5. Wythe, Decisions (1852), 163.
  6. "Six tracts originally bound together in calf for Jefferson by Milligan on June 30, 1807 (cost $1.00). Rebound in Buckram for the Library of Congress." E. Millicent Sowerby, comp., Catalogue of the Library of Thomas Jefferson (Washington, D.C.: The Library of Congress, 1952-1959), 2:209 [no. 1764].
  7. Library of Congress catalog record. This volume contains pamphlets for: Case upon the Statute for Distribution (1796); Field v. Harrison (1794); Fowler v. Saunders and Goodall v. Bullock (1798, together in the same pamphlet); Wilkins v. Taylor (1799); Yates v. Salle (1792); and Love v. Donelson (1801). See also: Aylett v. Aylett (1793), and Overton v. Ross (1803).

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