Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-01-29

A Deep.L.id Plot Expo.ea.

Judge Trigg delivered very important Judg-
ment yesterday in the equity side Of the Circuit
Court in the case of Thomas Shirley VS. Peter
Acnger. argued some terms since A state
ent Of the facts of the case, as it Is one of con-
siderable magnitude, may not prove uninterest-
| ing. srf4fFn =
In March, 1868, Messrs. Baxter. Championand
Kicks fled a Bill in Equity in the Circuit Court
Cor Thomas Shirley against Potter Mongsr and
others, of Hamilton county. Bast Tennessee.
The material allegations of the Bill we're, sub
stantially, these: Mr.. Shirley charged that, in
November, 1869, helEas compelled to leave his
home, nsar Harrison, Hamilton county, and
fee to Georgia. because of his sympathy for the
Confederate cause. At hetime he left he OWL
ed, unincumbered.a valuable tract of land of 800
acres varth $4,000
In October, 1862 he alleges, the defendant,
Peter Monger, obtained Judgment against him
for $1,000 and interest on note purporting to
TO have been executed by Thomas Shirley (the
complainant) to one John w. Westmoreland
for $1,000 on the 1st December, 1868, and en-
dorsed by Westmoreland for value received to
defendant, Peter Monger. This note Shirley al
leges was forgery that at the time it purports
to have executed he was lying at the point of
death in Georgia that he never. owed debt of
anything like that TO any one; that no
such a man as John w. Westmoreland ever
lived or could be found that the endorsement
was forgery and the whole claim and judy
ment 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 complcate the plot, Shirley charges Monger
had the farm Elibeled for confscation in the
District United States Court here, and
condemned for sale. Monger then interviewed
and set up his claim under the judgment at
Harrison. Shirley alleged the whole proceed
ing fraudulent and a conspiracy to get his land,
that he never knew anything about the judy
ments or sale until he returned home after the
war, and prayed that the judgment at Harrison.
and Knoxville might be set aside, and writ Of
possession for his land awarded, and decree
for back rents. Monger answered and
denied all the allegations, particularly the
forgery and eoIlspiracy claimedthat he bohss!..
thenoto from Westnnoreland, for Confederate
money, in good faith. The proof failed to
identify any such man as John W. Westmore-
land, bat showed on the other hand that Shirley
was a close business man, and never owed any
large sum of money or had any dealings as TO
make the execution of a.note of that amount |
sEIAF htfs frs3 H'ft !
Judge Trigg, in delivering his opinion
it as one Of the most remarkable
cases he ever knew; made some severe COM
ments upon the fraud and rascality developed,
and ordered counsel for Shirley to prepare
decree setting aside the judgment in the court
~ Harrison; the order of condemnation, sale
and Intervention in the District Court OF Knox
villes an order awarding possession Of the land
10 Shirley. and an account for back rents since
1866, allowing lIonger credit for the amount
paid on the condemnation in the District Court
The decision is worth about $4,000 to Mr.
Shirley, and for this reason as we'll for the pc
culiar and startling facts developed. is worthy
Of especial attention.