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May 26, 1897
Macon, GA May 25 An interesting suit has been filed in Bibb superior court and if all the facts are brought out they will make a story that will be read with interest.
John Maloy seeks to recover from his sister, Mrs Celcia Graham, certain property in Bibb and Jones counties and in this city. The petition asks Mrs. Graham be restricted from using or transfering the property. It alleges that Maloy went to Ireland, leaving a considerable amount of property with his sister who, was at that time unmarried. In order that she might sell the property for him, he gave her the deeds to it. Since then, he has only recieved $500 from her, although she has collected the rents to the amount of $10,000. Maloy also alleges that large amounts of property have been acquired with the rents so collected.
According to reliable information, there is a story behind the petition. It runs as follows:
At the breaking of the war the three Sweeney brothers, who are brother of Mrs Maloy, owned considerable property. They were afraid the confederate states government would confiscate the property, as they did not enter the confederate army, and in order to protect the property deeded it to their sister who at that time was a Mrs. Burke, whose husband John D. Burke, was in the confederate army. The Sweeneys then left Macon and remained until after the war. In the meantime, Burke came home from the war, but had only been here a short time when he was killed on Mulberry Street. When the Sweeney's returned to Macon a year or so later Mrs Burke had married Maloy, and according to the laws of Georgia at that time by reason of such marriage half of the property became his. The property however actually belonged to the Sweeneys.
When the Sweeneys demanded the return of the property, Maloy refused to give it, and bitter feelings were engendered between him and the Sweeneys. He and his wife also failed to get along smoothly together and had a division of the property. It was about this time that Maloy was buried alive in a ditch beyond East Macon. There has always been some mystery about about this alleged burial, but at any rate it was announced at the time that Maloy was dead- that the embankment of a ditch caved in on him and buried him alive. But maloy scratched out from under the dirt and as quickly and as quickly as possible he converted as much of his property as possible and in order to avoid another burial left for Ireland with $9,000 in cool cash in his pockets. That portion of his property that he could not dispose of he left with his sister who at that time was an attendant in the state lunatic asylum.
For a long time there were only a few people who knew that Maloy was not dead, but it finally became known that he was in Ireland and was doing well on the $9,000. A number of years later Miles Sweeney, who was the only surviving brother and who had never given up his claim on the property that he and his brothers deeded to their sister, Mrs Maloy, went to Ireland for the purpose of recovering that portion of it that Maloy had invested over there, but being without witnesses or anything to establish his claim, he was unsuccessful and returned to this country a few years ago. Since then he has tried to recover that portion of the property held by Mrs Maloy and his case has been in the courts for some time.
A year or two ago Mrs Maloy was tried on a writ of lunacy and adjudged insane, but she had many friends who claimed she was not insane and another trail was secured. At this trial the jury declaired her to be of sound mind. The whole affair was resting in this shape until about two months ago. Maloy to the great surprise of all, showed up. He now claims the property he left behind with his sister. He has never been divorced from his wife although they were seperated for more than a quarter of a century.
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