The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1901-09-14
LOST THE LAND ANYWAY.
William Shelby Conveyed Land to
Escape COnfiscatlon During War.

brother-in-law, concerning the Title 10
10, 900 acres Of land, was decided
against the plaintiff, Mrs. Shelby, in
Lexington recently.
1t Is another Ease resulting from a
war time conveyance Of property to
prevent ~confscation, William Shelby
having conveyed the property to bis
brother Thomas. After the war the
matter was left as 1t was, and, IL
appears, no accounting has been made
thereupon.
The land is situated rear Carrollton.
| Some years after the var a squatter
settled upon and farmed 600 acres Of
the land. After accommodating consid-
cradle money from the profits Of farm
ing the squatter concluded to purchase
the property. 1t was by the effort OF
Themas Shelby to ecure an abstract OF
title to the land that Mrs. Shelby be-
came aware Of the circumstances.
Thereupon she brought the suit which
was last week decided against her.
The above article is clipped from the
Kansas City Times. By 1t great injus-
tice is done to one of Lafayette %county's
purest citizens, and a reflection cast
upon the memory Of his dead brother.
In the trial of the case, there was
not one particle of evidence that VIII
liam Shelby, now deceased. conveyed
his lands to his brother, Thomas
Shelby, to escape c%onfiscation. The
deeds-executed October 20, 1862,
were absolute in form, with covenants
of warranty-conveyed to Robert A.
Barnett and Thomas Shelby, lands in
the counties Of Saline, Lafayette,
DeKalb, Carroll, Nodaway, Holt and
Bates-and state of Kansas-on an
express contract inserted in the deeds,
that Thomas Shelby and said Barnett
were to pay TOR William Shelby certain
of his debts mentioned IN the deeds,
amounting without interest, to about
$4,000.
Thomas Shelby and said Barnett
were s~ureties for William Shelby on
nearly all of these debts. Before
Thomas Shelby sold any of the lands
he paid out OF his W pocket about
$4,000 of said debts, over six
thousand dollars of which was to satisfy
judgments against William Shelby
alone. Thomas Shelby finally paid
all, and more than the Indebtedness he
had contracted to pay, with ten per
cent interest thereon.
1t was overwhelmingly proved at
the trial, by confederate officers and
soldiers, that Thomas Shelby was a
southern mar during the war, and was
under arrest as n prisoner by the fed
eral authorities.
The land in Thomas Shelby's name
could not have been better protected
from c~oniscation, than had it remained
in William Shelby's name.
There was no reason therefore, for
William Shelby to try to hide his
property in his brothers. name, to
prevent confiscation.
There was no accounting to be
made by Thomas Shelby to any one.
The lands were his by purchase. The
great bulk of these lands we're wild
and unimproved, and during the war
had no market value. At the date of
the deeds, the country being in the
throes Of civil war, it would have been
an act Of supreme financial folly for
any one to have assumed such a debt,
at such a time for the consideration OF
said lands, unless he, like Thomas
Shelby, was already bound as surety
for the greater part Of 1t.
But Thomas Shelby imperlled, NOT
My his " private fortune, but his
life, in those hazardous times, to per.
form the contract he had assumed for q
well beloved, though unfortunate
brother.
The plaintiff, Mrs. Letitia r. Shelby,
never had any interest in the lands, Il
lose. They we're conveyed several
years before she married William
Shelby, during the life of his former
wife. He was neve seized Of any title
to the lands during his coverture with
Mrs. Letltia R. Shelby.
At the trial 1t was shown, that vii
liam Shelby upon his own petition wa,
adjudged a bankrupt in 1S67-iv,
years after he had convened the lands