Bill for divorce, John C. Mason vs. Laura R. Mason, Grainger Co., Tennessee, 1895
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Bill for divorce, John C. Mason vs. Laura R. Mason, Grainger Co., Tennessee, 1895
| GraingerArchives (View posts) | Posted: 9 Nov 2008 6:50PM GMT |
Classification: Query
Surnames: Acuff, Clark, Grove, Kyle, Mason, Tate
The original of the following partially transcribed document was found in the 1895 Chancery Court case, John C. Mason vs. Laura R. Clark Mason, held by the Grainger County Archives in Rutledge, Tennessee:
Original Bill for Divorce
To the Hon. H. G. Kyle, Chancellor &c., holding the Chancery Court for the district composed of the County of Grainger.
The Bill of Complaint of John C. Mason, a citizen of Grainger County Tennessee
Filed against
Laura R. Mason who is a non resident of the State of Tennessee, and whose place of residence is unknown but believed to be in Indian Territory.
Humbly complaining, Your Orator shows Your Honor that he and the defendant Laura R. Mason were married in Grainger County Tenn. in the month of Oct. 1878, and have resided in said county and in Jefferson County Tennessee ever since.
For several years after their said marriage they lived together happily, and so far as Your Orator could see, his said wife seemed disposed to perform all the duties of a loving and dutiful wife, . . .
Several years ago the deft. began to treat Your Orator coolly, and to complain and find fault with him for various things, without any just cause, and this was carried to such an extent as to cause Your Orator to suspect that she had, in large measure, lost her affection for him. . . .
Your Orator owns a small farm in Jefferson County, and concluded to move from Grainger County . . . to his said farm in Jefferson County, and about the last of March 1895, he left deft. at his home in Grainger County and went to Jefferson County to prepare for changing his residence; . . . and she was to follow in a few days . . . Your Orator waited for her about ten days, and then returned to Grainger County to move her and the remainder of his goods to Jefferson County, when on reaching his home he was astonished to learn that his wife had left about two days after he left, saying that she was going to him in Jefferson County. He is informed that she took the train at Rutledge and went to Morristown where she took passage on the Rail Road, but he has heard nothing directly nor indirectly from her since, except a rumor that she is in the west.
Since their said marriage deft. has born seven children three of whom died in infancy and the others are still living and their names and ages are as follows: Charles, aged 13 years; William B. aged 5 years; Clyde aged 3 years and Pearl aged one year.
Charles and Wm. B. were with Your Orator in Jefferson County when deft. left, and he still has them with him, but the other two viz Clyde and Pearl were taken away by her and are supposed to be still in her custody.
From the foregoing circumstances and from information and belief Your Orator charges that defendant has been guilty of Adultery with the said F. H. Acuff, and that she has willfully abandoned Your Orator and eloped with said Acuff, or gone to him in a distant state, never to return. . . .
The premises considered Your Orator prays . . .
That upon the hearing Your Honor pronounce a decree dissolving the bonds of matrimony now subsisting between him and the deft. . . and awarding to him the custody and care of three of said children, to wit: Charles, Wm. B., and Pearl, but for reasons not necessary to be here stated he does not ask for the custody of Clyde, but prays that the deft. be allowed to retain him. And if Your Honor should be of opinion that the infant child Pearl is of such tender age that it should not now be taken from its mother, he prays for a decree awarding him the care custody and control of said child after it arrives at the age of two years, or such age as your Honor may deem proper. . . .
Allen S. Tate
Sol. for Complt.
State of Tennessee}
County of Grainger}
Personally came before me, J. M. Grove C&M &c., John C. Mason and made oath in due form of law that the facts stated in the foregoing Bill are true according to the best of his knowledge information and belief.
That this Bill is not filed out of levity or by collusion with the defendant, but in sincerity and truth for the causes stated in the Bill.
J. C. Mason
Sworn to and subscribed before me July 29th 1895.
J. M. Grove
C&M
Original Bill for Divorce
To the Hon. H. G. Kyle, Chancellor &c., holding the Chancery Court for the district composed of the County of Grainger.
The Bill of Complaint of John C. Mason, a citizen of Grainger County Tennessee
Filed against
Laura R. Mason who is a non resident of the State of Tennessee, and whose place of residence is unknown but believed to be in Indian Territory.
Humbly complaining, Your Orator shows Your Honor that he and the defendant Laura R. Mason were married in Grainger County Tenn. in the month of Oct. 1878, and have resided in said county and in Jefferson County Tennessee ever since.
For several years after their said marriage they lived together happily, and so far as Your Orator could see, his said wife seemed disposed to perform all the duties of a loving and dutiful wife, . . .
Several years ago the deft. began to treat Your Orator coolly, and to complain and find fault with him for various things, without any just cause, and this was carried to such an extent as to cause Your Orator to suspect that she had, in large measure, lost her affection for him. . . .
Your Orator owns a small farm in Jefferson County, and concluded to move from Grainger County . . . to his said farm in Jefferson County, and about the last of March 1895, he left deft. at his home in Grainger County and went to Jefferson County to prepare for changing his residence; . . . and she was to follow in a few days . . . Your Orator waited for her about ten days, and then returned to Grainger County to move her and the remainder of his goods to Jefferson County, when on reaching his home he was astonished to learn that his wife had left about two days after he left, saying that she was going to him in Jefferson County. He is informed that she took the train at Rutledge and went to Morristown where she took passage on the Rail Road, but he has heard nothing directly nor indirectly from her since, except a rumor that she is in the west.
Since their said marriage deft. has born seven children three of whom died in infancy and the others are still living and their names and ages are as follows: Charles, aged 13 years; William B. aged 5 years; Clyde aged 3 years and Pearl aged one year.
Charles and Wm. B. were with Your Orator in Jefferson County when deft. left, and he still has them with him, but the other two viz Clyde and Pearl were taken away by her and are supposed to be still in her custody.
From the foregoing circumstances and from information and belief Your Orator charges that defendant has been guilty of Adultery with the said F. H. Acuff, and that she has willfully abandoned Your Orator and eloped with said Acuff, or gone to him in a distant state, never to return. . . .
The premises considered Your Orator prays . . .
That upon the hearing Your Honor pronounce a decree dissolving the bonds of matrimony now subsisting between him and the deft. . . and awarding to him the custody and care of three of said children, to wit: Charles, Wm. B., and Pearl, but for reasons not necessary to be here stated he does not ask for the custody of Clyde, but prays that the deft. be allowed to retain him. And if Your Honor should be of opinion that the infant child Pearl is of such tender age that it should not now be taken from its mother, he prays for a decree awarding him the care custody and control of said child after it arrives at the age of two years, or such age as your Honor may deem proper. . . .
Allen S. Tate
Sol. for Complt.
State of Tennessee}
County of Grainger}
Personally came before me, J. M. Grove C&M &c., John C. Mason and made oath in due form of law that the facts stated in the foregoing Bill are true according to the best of his knowledge information and belief.
That this Bill is not filed out of levity or by collusion with the defendant, but in sincerity and truth for the causes stated in the Bill.
J. C. Mason
Sworn to and subscribed before me July 29th 1895.
J. M. Grove
C&M