Rare Book Monthly

Articles - November - 2007 Issue

A Delayed Auction Raises Legal and Financial Issues

Appeals Court ruled in favor of private owner over the State of South Carolina

Appeals Court ruled in favor of private owner over the State of South Carolina


By Michael Stillman

An auction took place in South Carolina at the end of September that highlights two issues in the world of book and manuscript collecting, one legal, one financial. The items in question were a group of Civil War letters, including three from Robert E. Lee. For example, on December 27, 1861, Lee wrote South Carolina Governor Francis Pickens, "The strength of the enemy, as far as I am able to judge, exceeds the whole force that we have in the state." In another, Major William Mullins wrote, "But shall I tell you now of the battlefield? Of the dead hideous in every form of ghastly death: heads off, arms off, abdomens protruding, every form of wound, low groans, sharp cries...convulsive agonies as the souls took flight." This was a collection of clear historic significance, still emotionally wrenching after all of this time.

The collection belonged to one Thomas Law Willcox, gathered from the home of his late stepmother seven or eight years ago. They came to his family long, long ago, through Wilcox's great-great uncle, Confederate General Evander Law. Law secured them ahead of Sherman's army, advancing on South Carolina's capital of Columbia. It wasn't until Willcox one day decided to look through the envelopes he had taken that he realized what he had was something special. Three years ago, he planned to offer them at auction, and so began the legal tangle in this story.

In recent years, many states have aggressively pursued their claims to documents long ago purloined from their archives, even though the current owners were far removed from any such taking. A few years ago, the State of North Carolina was able to secure the return of its copy of the Declaration of Independence, confiscated by a returning Ohio soldier at the end of the Civil War. There is no statute of limitations on these claims. However, the claims have now been extended, and in some states such as Texas recognized by statute, to items that disappeared years ago under unknown circumstances. They were not necessarily stolen. The documents may have been thrown away, sold, given away...who knows? If a state can claim it is/was a state document, it may have a case. Such was the belief of South Carolina, which sued Willcox for the papers. They obtained a restraining order the day before the original sale was to take place.

Willcox, who had invested money in appraisals, promptly filed bankruptcy, which allowed him to contest ownership of the papers in the Federal Bankruptcy Court. He lost there, but won on appeal to the Federal District Court. The State responded by appealing that decision, arguing in September of 2006 before the Federal Appeals Court. There, South Carolina lost again. The Appeals Court ruled in a case such as this, without a clear chain of title, eyewitnesses, and the like, it is necessary to look to the "common law," where, the Court noted, "possession is nine-tenths of the law." That put the burden on the State to prove it owned the documents, either through some evidence of title or recent possession. It could show neither.

Rare Book Monthly

  • Fonsie Mealy’s
    Rare Books & Collectors’ Sale
    April 30th & May 1st
    Fonsie Mealy’s, Apr 30-May 1: Taylor (Geo.) & Skinner (A.) Maps of the Roads of Ireland, Surveyed 1777. Lond. & Dublin 1778. €500 to €750.
    Fonsie Mealy’s, Apr 30-May 1: Messingham (Thos.) Florilegium Insulae Sanctorum seu Vitae et Acta Sanctorum Hibernia, Paris 1624. €350 to €500.
    Fonsie Mealy’s, Apr 30-May 1: Heaney (Seamus). The Haw Lantern, L. (Faber & Faber) 1987, First Edn., Signed and dated. €225 to €350.
    Fonsie Mealy’s, Apr 30-May 1: Valencey (Lt. Col. Chas.) Collectanea de Rebus Hibernicis, Vols. I-IV, 4 vols. Dublin 1786. €400 to €600.
    Fonsie Mealy’s, Apr 30-May 1: Powerscourt (Viscount). A Description and History of Powerscourt, Lond. 1903. €350 to €500.
    Fonsie Mealy’s, Apr 30-May 1: Moryson (Fynes). An Itinerary ... Containing His Ten Yeeres Travel Through the Twelve Dominions of Germany, Bohermerland, Sweitzerland…, Lond. (John Beale) 1617. €700 to €1,000.
    Fonsie Mealy’s, Apr 30-May 1: After Buffon, Birds of Europe, c. 1820. Approx. 120 fine hd. cold. plts., mor. backed boards. €125 to €250.
    Fonsie Mealy’s, Apr 30-May 1: Dunlevy (Andrew). An Teagasg Criosduidhe De Reir Ceasda agus Freagartha... The Catechism or Christian Doctrine by Way of Question and Answer, Paris (James Guerin) 1742. €400 to €700.
    Fonsie Mealy’s, Apr 30-May 1: The Georgian Society Records of Eighteen-Century Domestic Architecture in Dublin, 5 vols. Complete, Dublin 1909-1913. €500 to €750.
    Fonsie Mealy’s, Apr 30-May 1: Scale (Bernard). An Hibernian Atlas or General Description of the Kingdom of Ireland, L. (Robert Sayer & John Bennet) 1776. €625 to €850.
    Fonsie Mealy’s, Apr 30-May 1: [Johnson (Rev. Samuel)]. Julian the Apostate Being a Short Account of his Life, together with a Comparison of Popery and Paganism,L. (Langley Curtis) 1682. €300 to €400.
    Fonsie Mealy’s, Apr 30-May 1: Nichlson (Wm.) Illustrator. An Almanac of Twelve Sports, Lond. 1898. €300 to €400.
    Fonsie Mealy’s, Apr 30-May 1: Heaney (Seamus) trans. The Light of the Leaves, 2 vols., Mexico (Imprenta de los Tropicos/Bunholt) 1999. €1,500 to €2,000.
    Fonsie Mealy’s, Apr 30-May 1: Fleming (Ian). Moonraker, L. (Jonathan Cape) 1955. €1,500 to €2,000.
    Fonsie Mealy’s, Apr 30-May 1: Heaney (Seamus) & Egan (Felim) artist. Squarings, Twelve Poems, D. (Hieroglyph Editions Ltd.) 1991. €1,750 to €2,250.
  • Bonhams, Apr. 21-29: ANDERSEN'S EXTREMELY RARE FIRST APPEARANCE IN PRINT. "Scene af: Røverne i Vissenberg i Fyen." in Harpen, 1822.
    Bonhams, Apr. 21-29: FIRST ISSUE OF THE FIRST THREE FAIRY TALE PAMPHLETS, WITH ALL INDICES AND TITLE PAGES. Eventyr, fortalte for Børn. 1835-1837.
    Bonhams, Apr. 21-29: THE FIRST FAIRY TALES WITH A SIGNED CARTE DE VISITE OF ANDERSEN AS FRONTIS. Eventyr, fortalte for Børn. 1835-1837.
    Bonhams, Apr. 21-29: KARL LAGERFELD. Original pastel and ink drawing in gold, red and black for Andersen's The Emperor's New Clothes (1992), "La cassette de l'Empereur."
    Bonhams, Apr. 21-29: PRESENTATION COPY OF THE SIXTH PAMPHLET FOR PETER KOCH. Eventyr, Fortalte For Børn, Second Series, Third Pamphlet. 1841. Publisher's wrappers, complete with all pre- and post-matter.
    Bonhams, Apr. 21-29: HANS CHRISTIAN ANDERSEN RARE AUTOGRAPH QUOTATION SIGNED IN ENGLISH from "The Ugly Duckling," c.1860s.
    Bonhams, Apr. 21-29: HEINRICH LEFLER, ORIGINAL WATERCOLOR FOR ANDERSEN'S SNOW QUEEN, "Die Schneekönigin," 1910.
    Bonhams, Apr. 21-29: FIRST EDITION OF ANDERSEN'S FAIRY TALES IN ENGLISH. Wonderful Stories for Children. London, 1846.
    Bonhams, Apr. 21-29: ANDERSEN ON MEETING CHARLES DICKENS. Autograph Letter Signed ("H.C. Andersen") in English to William Jerdan, July 20, 1847.
    Bonhams, Apr. 21-29: PRESENTATION COPY FOR EDGAR COLLIN. Nye Eventyr og Historier. Anden Raekke. 1861.
    Bonhams, Apr. 21-29: DOLL HOUSE FURNITURE BY HANS CHRISTIAN ANDERSON, DECORATED WITH FANTASTICAL CUT-OUTS, for the children of Jonna Stampe (née Drewsen), his godchildren.
    Bonhams, Apr. 21-29: PRESENTATION COPY FOR GEORG BRANDES. Dryaden. Et Eventyr fra Udstillingstiden i Paris 1867. 1868.
  • Heritage Auctions, May 8-9: The New-England Primer Improved. For the more easy attaining the true reading of English. Boston: Printed and Sold by John Boyles, 1770. EXTREMELY RARE AMERICAN PRIMER.
    Heritage Auctions, May 8-9: Lansford W. Hastings. The Emigrants’ Guide to Oregon and California. Cincinnati. George Conclin, 1845. THE VERY RARE FIRST EDITION IN THE SCARCE ORIGINAL PRINTED WRAPPERS.
    Heritage Auctions, May 8-9: J. D. Salinger. The Catcher in the Rye. Boston, 1951. first edition, a fine copy, in an unrestored first issue dust jacket.
    Heritage Auctions, May 8-9: Charles Dickens. A Christmas Carol. In Prose. Being a Ghost Story of Christmas. London: Chapman & Hall, 1843. THE VERY FINE A.E NEWTON COPY.
    Heritage Auctions, May 8-9: J. K. Rowling. Only known complete set of full unbound imposed sheets for the First Edition of Harry Potter and the Philosopher's Stone. London: Bloomsbury, 1997.
    Heritage Auctions, May 8-9: Jane Austen. Sense and Sensibility: A Novel in Three Volumes. By a Lady. London: for the author by C. Roworth and published by T. Egerton, 1811. FIRST EDITION IN A CONTEMPORARY BINDING.
    Heritage Auctions, May 8-9: J. R. R. Tolkien. The Lord of the Rings Trilogy. First Editions, First Impressions. London: George Allen & Unwin Ltd., 1954-1955. A VERY FINE SET.
    Heritage Auctions, May 8-9: Declaration of Independence. In: The Pennsylvania Ledger: Or the Virginia, Maryland, Pennsylvania, and New-Jersey Weekly Advertiser. Philadelphia: James Humphreys, No. LXXVII, 13 July 1776.
    Heritage Auctions, May 8-9: William Shakespeare. Mr. William Shakespear's Comedies, Histories, and Tragedies. London, 1685. THE FOURTH FOLIO.
    Heritage Auctions, May 8-9: Frank Herbert. Dune. Philadelphia and New York: Chilton Books, 1965. FIRST EDITION, SIGNED BY THE AUTHOR.
  • Sotheby's
    Sell Your Fine Books & Manuscripts
    Sotheby’s: The Shem Tov Bible, 1312 | A Masterpiece from the Golden Age of Spain. Sold: 6,960,000 USD
    Sotheby’s: Ten Commandments Tablet, 300-800 CE | One of humanity's earliest and most enduring moral codes. Sold: 5,040,000 USD
    Sotheby’s: William Blake | Songs of Innocence and of Experience. Sold: 4,320,000 USD
    Sotheby’s: The Declaration of Independence | The Holt printing, the only copy in private hands. Sold: 3,360,000 USD
    Sotheby's
    Sell Your Fine Books & Manuscripts
    Sotheby’s: Thomas Taylor | The original cover art for Harry Potter and the Philosopher's Stone. Sold: 1,920,000 USD
    Sotheby’s: Machiavelli | Il Principe, a previously unrecorded copy of the book where modern political thought began. Sold: 576,000 GBP
    Sotheby’s: Leonardo da Vinci | Trattato della pittura, ca. 1639, a very fine pre-publication manuscript. Sold: 381,000 GBP
    Sotheby’s: Henri Matisse | Jazz, Paris 1947, the complete portfolio. Sold: 312,000 EUR

Article Search

Archived Articles

Ask Questions