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January 19 2021
I posted the following newspaper
item to Branch
39 Thomas Shirley of Hamilton Co Tennessee. It details a
major court case by Thomas Shirley describing an elaborate Civil
War era fraud designed to steal 800 acres of land he owned. The
case was heard locally and was ruled against Thomas Shirley,
but Shirley won on appeal at the Circuit Court of East Tennessee
(see news account below), and when appealed again was upheld
by the US Supreme Court in October Term 1874
Branch 39 Thomas Shirley of
Hamilton Co TN
Knoxville Daily Chronicle,
January 29, 1871, Page 4
Important Decision by Judge Trigg
A Deep-Laid Plot Exposed
Judge Trigg delivered a very
important judgment yesterday in the equity side of the Circuit
Court in the case ot Thomas Shirley vs. Peter Monger, argued
some terms since. A statement of the facts of the case, as it
is one of considerable magnitude, may not prove uninteresting.
In March, 1868, Messrs. Baxter,
Champion and Ricks filled a bill in equity in the Circuit Court
for Thos. Shirley against Peter Monger and others, of Hamilton
county, East Tennessee.
The material allegations of the
bill were, substantially, these: Mr. Shirley charged that, in
November, 1863, he was compelled to leave his home, near Harrison,
Hamilton county, and flee to Georgia, because of his sympathy
for the Confederate cause. At the time he left, he owned, unincumbered,
a valuable tract of land ot 800 acres, worth $20,000.
In October, 1865, he alleges,
the defendant, Peter Monger, obtained a judgment against him
for $10,000 and interest on a note purporting to have been executed
by Thomas Shirley (the complainant) to one John W. Westmoreland
for $10,000, on the 1st of December, 1863, and endorsed by Westmoreland
for value received to defendant, Peter Monger. This note Shirley
alleges was a forgery; that at the time it purports to have been
executed he was lying at the point of death in Georgia; that
he never owed a debt of anything like that amount to any one;
that no such a man as John W. Westmoreland ever lived or could
be found; that the endorsement was a forgery and the whole claim
and judgment fraudulently procured by Monger and his confederates,
to obtain possession and title to his farm. Under the judgment
obtained at Harrison, the land was sold and Monger became the
purchaser. The note, after judgment was rendered, was taken by
some one from court and has never since been seen. Afterward,
to complicate the plot, Shirley charges Monger had the farm libeled
for confiscation in the District United States Court here, and
condemned for sale. Monger then intervened and set up his claim
under the judgment at Harrison. Shirley alleged the whole proceeding
fraudulent and a conspiracy to get his land; that he never knew
anything about the judgments or sale until he returned home after
the war, and prayed that the judgments of Harrison and Knoxville
might be set aside, and a writ of possession for his land awarded,
and a decree rendered for back rents. Monger answered and denied
all the allegations, particularly the forgery conspiracy; claimed
that he bought the note from Westmoreland. for Confederate money,
in good faith. The proof failed to identify any such man as John
W. Westmoreland, but showed, on the other hand, that Shirley
was a close business man, and never owed any large sum of money
or had such dealings as to make the execution of a note of that
amount necessary.
Judge Trgg, in delivering his
opinion, characterized it as one of the most remarkable cases
he ever knew; made some severe comments upon the fraud and rascalitv
developed, and ordered counsel for Shirlev to prepare a decree
setting aside the judgment in the court at Harrison: the order
of condemnation, sale and intervention in the District Court
at Knoxville; an order awarding possession of the land to Shirley,
and an account for back rents since I865, allowing Monger credit
for the amount paid on the condemnation in the District Court.
The decision is worth about $20,000
to Mr Shirley, and for this reason, as well for the peculiar
and startling facts developed, is worthy ol especial attention.
I created a page for the defunct James
County Tennessee in the member's section. And transcribed
the will of Thomas Shirley of Ooltewah James County (later Hamilton
County). This is Branch
39
James County TN (later Hamilton
Co)
1887 [James County TN Record,
now defunct] Hamilton County TN Wills
Vol 2 page 1 (page
2-3, page
4-5). Will and Codicil of Thomas Shirley of Ringold GA -
Know all men by these presents that I Thomas Shirley of Ringgold
in the county of Catoosa nd state of Georgia farmer being of
sound disposing mind and memory do make and publish this my last
will and testament. 1st I give and bequeath to my son James B
Shirley all of my estate both real and persona of which I may
be possessed at my death. With the following exceptions. To my
grandson George O Cate Jr I give and bequeath the sum of one
hundred dollars 2nd I give and devise to my belowed wife Julia
Ann a good and comfortable support for life out of my estate.
3rd I give and devise to my son James B Shirley any and all estate
in lands personality which I may acquire after date of this will
afterpayment of my debts and legacies. 4th I ordain and appoint
James B Shirley as executor of this my last will and testament.
In testimony where of I have here unto set my hand and seal and
publish and declare this to be my last will and testament. In
the presence of the witnesses named below. This January 25th
in the year 1873. Thomas Shirley (seal). Wit: A J Robert, W S
Inman, W L Whitman, J L Varnell, J D Shropshire, Ferdinand Jett,
Dated Feb 13 1873 Dr J A Esmon, Hix Padget, Rufas Padget
Codicil - Terms of this codicil
or supplement are as follows: 1st My beloved wife Julia Ann having
died the said demise and bequest in her favor is revoked and
recalled and in no sense is to be deemed or held a charge upon
the land or other property bequeathed by my said Will above copied
to James B Shirley. 2nd I do in all othe respects ratify and
confirm said Will in which the above is a copy. 3rd I declare
in addition to the statements in said Will contained, that the
lands and real estate intended to be therein devised lie mainly
in James County Tennessee and on and near the waters of Savannah
Creek and through which the road from Ooltewah in James Co Tn
to Georgetown at the Meigs County line runs past and being known
as the Shirley Lands and about which I once had a lawsuit in
the courts of the US with Peter Monger and is now being occupied
by tenants and embrace 800 acres more or less. But my devise
and bequest aforesaid to said James B Shirley is not to be understood
as limited and restricted to the said lands last above referred
to; but is to be understood and his hereby expressly declared
to include and embrace all the lands of which I may die owned
or possessed situated in the County of James in the state of
Tennessee and in any other county in said state and also to embrace
any and all lands and personal property which I may own at my
death in any county of the State of Georgia or any other state
or government where ever the same may be 4th. I also give and
bequeath to my said son James B Shirley all the moneys notes
accounts and debts I may die owner or possessed where ever situated
without regard to limits or boundaries of state or county lines.
5th And if anything remains of my estate not embraced in the
foregoing provisions of this and the Original Will of 25 January
1873 I give and bequeath the same real perosnal and mixed rents,
moneys choses? in action and everything else to the said James
B Shirley absolutely and forever subject alone to the payment
of all my just debts and the bequest of one hundred dollars to
George O Cate Jr. It is proper to state I have many years ago
give to George O Cate Sr father of George O Cate Jr all I think
he or his child should have of my estate. 20 August 1878. Thomas
Shirley (seal) Witnessed by: Maxey Ethridge, Robert G Andrews,
John W Andrews, J L Varnell, J D Shropshire, Ferdinand Jett.
Feb 13 1883: Dr J A Esmon, Hix Padget, Rufus Padget; Recorded
at Oolteway 2 August 1887. J C Heaton clerk, James Co TN; Re-recorded
19 August 1916, John A Hall clerk, James Co TN
January 4 2021
I posted the following original Catholic
parish record to the Quebec
Canada page in the members' section
Montreal Quebec
1835 Basilique
de Notre Dame Montreal - Thomas Shirley resident
of this parish [domicille en cette paroisse] widower
of majority age [Venf Majeur] deceased [décédée]
Catherine Anderson in the English Hospital of this parish
[a l'hopital Anglais de cette paroisse] of one part (note:
Catherine Anderson is in the spot for his parents but clearly
was his deceased wife?) and Catherine Daly resident of
this parish [domicille en cette paroisse] daughter
of majority age [fille Majeur] of deceased [des
defuncts] John Daly and Joanna Shahen of County Cork in
Ireland of the other part. In presence of Thomas Fant and Mary
Small and Jean B Sanier
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