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Sarah Jane McEachern/Christian Ann Allen

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Sarah Jane McEachern/Christian Ann Allen

Posted: 1479053312000
Classification: Marriage
Edited: 1479054192000
Surnames: McEachern, Allen, McMillan

I am not related to this family, but I found a document during my research and transcribed it. It looks like it will help out those with Robeson County, NC ties. It will also correct some information that I have seen out there.

Sarah Jane Allen
vs
Hugh Roy Allen

Petition for Divorce

In this case the following issues were submitted to wit
1st. Has the Petitioner been an inhabitant of this state for more than three years next preceding the filing of this Petition
2nd. Was she married to Hugh Roy Allen the Defendant?
3rd. Has the said Hugh Roy Allen deserted his wife and committed adultery with one Fanny Weaver
4th. Has the petitioner conducted herself as a chaste and upright woman?
5th. Was the ground of complaint known to the petitioner more than six months before the filing of this petition?

The following jury was sworn and impaneled, to try the above issues, to wit
1 Daniel C. Baker 2. Griffin Hill 3. Alexander Morrison 4. Angus McDonald 5. John Caldwell 6. Willis Jenkins 7. John Phillips Jnr 8. Zacheus Musselwhite 9. John McLean Snr 10. John McNair 11. Angus Baker 12. Daniel Baker - who find all the issues in favor of the petitioner - Decree and judgement of Court.
This cause coming on to be heard upon petitions former orders in the cause, and finding of the jury and proofs.
It is declared by the Court that Hugh Roy Allen and the petitioner were married in the year AD 1833 or thereabouts - that some time in the year AD 1835 the said Hugh Roy Allen deserted the petitioner and committed adultery with one Fanny Weaver in the state of South Carolina, and has never since seen the Petitioner, who has all along conducted herself in a chaste and upright manner - that the Petitioner has resided in this state for more than three years immediately previous to the filing of this petition, and so continued to reside for more than six months before the filing of her Petition she had knowledge of the defendants infidelity, and that this was filed without any collusion between the parties.
It is therefore ordered by the Court adjudged and decreed that the bonds of Matrimony heretofore existing between the said Hugh Roy Allen and the said Sarah Jane Allen be hereafter forever dissolved - and that she have the sole custody, charge and education of her daughter, Christian Ann Allen, and that she herself be henceforth known and called by the name of Sarah Jane McEachern, instead of Sarah Jane Allen, and that no costs be taxed in the cause.

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