The “surprising” story of the lawsuit between John Wesley
Jollett, minister, and his neighbor Monteller Utz caused several readers to
observe that surely there was more to the story. Utz had charged Jollett with
selling him a worthless horse, yet Jollett prevailed in the case. While I found
nothing reported in the local newspapers of the day to explain the outcome, the
digital collections of the Library of Virginia offer up plenty of chancery
causes involving Monteller Utz, both as Plaintiff and as Defendant, always on
the losing end.
Monteller was the beloved son of the wealthy Fountain Utz
(pronounced FON TAIN). According to the 1860 census, the elder Utz owned real estate
valued at $8420 and personal property valued at almost $31,000. In today’s money,
Utz was practically a millionaire. The 30-year old Monteller himself was worth
$500 in real estate and $575 in personal property. Very few neighbors - if any -
were keeping up with the Utzes.
On the Courthouse Steps
Yet, in 1873 this happened.
And in 1876.
Then in 1877.
Monteller’s troubles began long before John W. Jollett
sold him that horse in 1867. Fountain Utz died in 1861 leaving lifetime rights
to his wife, Frances Brown, and thereafter to his son Monteller, also named as
executor. But in 1864 Monteller borrowed $1000 from Daniel Dovel who shortly
thereafter died leaving the job of collecting on the debt to his executors. Oh,
they tried. They finally went to court, but Monteller failed to appear, which
in the legal world is viewed as an admission of guilt. His response was that he
did not know he needed a lawyer, and that since the debt from 1864 was based on
Confederate script, surely the Court would have to figure out how to handle it
and let him know. Tsk Tsk, Monteller. That’s not how it works.
In case after case, Monteller Utz’s claim “I didn’t know
I needed a lawyer” led to further trouble and mounting debt until finally
Taken Thither
On July 24, 1878, this news article appeared in the
Shenandoah Herald.
The same article appeared in newspapers in Tennessee,
Minnesota, South Carolina, Mississippi, Delaware, West Virginia, and in at
least seven newspapers across Kansas. It must have been viewed as a cautionary
tale.
Five years later, Monteller Utz was admitted to the
Western State Lunatic Asylum in Staunton, Virginia, now known simply as Western
State Hospital. His admission papers indicate that the cause of his problem was
financial troubles. No surprise there! At the age of about 52, Monteller Utz
died June 28, 1885. The cause of death was marasmus, or severe malnutrition. He
is buried in the Western State cemetery.
Amy Johnson Crow continues to challenge genealogy
bloggers and non-bloggers alike to think about our ancestors and share a story
or photo about them. The challenge is “52 Ancestors in 52 Weeks.”
Wendy
© 2019, Wendy Mathias. All rights reserved.