Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-02-03
A PLOT EXPOSED.
lBpBrtaH, DsCIsI9a BY Judge TrIgp 10 ths
Case Of Shirley v5. Peter AOngsr.
From the Knoxville Chroniclel

From the Knoxville Cbronicle]
Judge Trigg delivered a very i'm.
pOrtant judgment yesterday in the
equity side Of the Circuit Court in the
case Of Thomas Shirley vs.. Peter Mon.
ger, argued some terms since. A state
ment Of the facts Of the case, as it is
one Of considerable magnitude, may
not prove Uninteresting.
In March, 1868, Messrs. Baxter,
Champion and Kicks filed q 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.. Shir-
| ley charged that, in November 1863,
he was compelled to leave his home,
near Harrison, Hamilton county, and
! flee to Georgia, because Of his sympa-
thy for the Confederate cause. At the
! time he left, he owned, unincumbered,
a valuable tract Of land of 500 acres.
! worth $50, 600.
In October, 1865, he alleges, the de-
! fendant, Peter MOnger, obtained a
] Judgment against him for $4,000 and
] interest on a note purpOrti ng to have
been executed by Thomas Shirley
! (the cOmplainant) to one John W.
! WestmOreland for $4,000, on the lst
/ of December, 1868, and endorsed by
! w WestmOreland for value received to
! defendant, Peter MOnger. This note
! Shirley alleges was a forgery; that at
/ the time II purpOrts to have been ex-
/ ecuted 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. WestmO reland ever lived or
could be found; that the endorsement
Was a forgery and the whole claim
and judgment fraudulentIy procured
! by MOnger and his cOnfederates, to
obtain possession and title to his
farm. Under the judgment OBJ
tanned 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 cOmDlicate the
plot, Shirley charges MOnger had the
farm llbeled 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 fraud
ulent 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 Knox
vile 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
and conspiracy; claimed that he
bought the note from WestmOrelaud, !
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 Shir- !
ley 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 Trigg, in delivering his OPT !
MON, 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 Shirley 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 pos
session Of the land to Shirley, and an /
account for back rents since 1865, al |
lowing MOnger credit for the amount |
paid on the condemnation In the Dis
trict Court.
The decision is worth about $40, 900 |
to Mr.. Shirley, and for this reason, as |
well for the peculiar and startling
facts developed, is worthy Of especial |
attention.