A Sampling of Divorce Cases - Crittenden County

Divorces were handled in Circuit Court in Kentucky. Often there were many months or even years from the date of filing until the case was resolved. The Circuit Court Order Book in which the information appears is listed at the end of each entry, along with the page number and date of the entry. The details of the case are found in bundles housed in the Kentucky Dept for Libraries and Archives in Frankfort. Copies of the case files can be ordered from the Archives for a nominal charge. For detail on ordering copies, click here:   ARCHIVES

John Yeakey, complainant, vs Matilda E. Yeakey, defendant.  Defendant served and failed to appear and answer Complainant’s Bill. Ordered & adjudged and Decreed that same be taken for confessed against her …  the marriage contract is dissolved and John Yeakey restored to all privileges and rights of an unmarried man.  [Circuit Order Book A, p. 632,  29 Sep 1849]

Elizabeth White, complainant, vs W.W. White, defendant.  Defendant failed to appear & answer complainant’s bill. [Circuit Court Order Book A, p. 632,  29 Sep 1849]  Court decreed that complainant, Elizabeth White, is divorced from her former husband, Wm. W. White, and marriage contract between them is dissolved & she is restored to all rights & privileges of an unmarried woman. [Circuit Court Order Book B, p . 59,  5 Dec 1850]

George W. Markham, complainant, vs Sarah Markham, defendant.  The bonds of matrimony existing between complainant & defendant hereby dissolved & the contract of marriage is  rescinded and rights of unmarried man restored to George W. Markham and rights of unmarried woman restored to Sarah Markham as well as her maiden name “Sarah Rhodes.” [Circuit Court Order Book B, p. 70, 5 Dec 1850]

Henry H. Cannon, complainant, vs Frances E. Cannon, defendant.  It appears defendant has abandoned the complainant, her husband, and did persist in abandonment without good & sufficient cause. The marriage contract between them is dissolved. [Circuit Court Order Book B, p. 123,  30 May 1851[ [1]

John Tolly, complainant, vs Elizabeth Tolly, defendant.  Marriage dissolved & all privileges & rights of an unmarried man restored to John Tolly, who was granted the divorce & released him from marriage contract with Elizabeth A. Tolly. John Tolly to pay costs of this suit. [Circuit Court Order Book B, p. 381, 6 Jan 1853]

Francis Taylor, complainant, vs John Taylor, defendant.  Cause dismissed.  [Circuit Court Order Book B, p. 546,  4 Jan 1854]

Benjamin Belt, complainant, vs Sarah T. Belt, defendant.  Defendant is non resident. She was warned to appear. Attorney appointed to defend for & on her behalf. [Circuit Court Order Book C, p. 292,  28 Jul 1855] Benjamin Belt divorced from defendant and restored to all rights & privileges of an unmarried man. [Circuit Court Order Book C, p. 348,  22 Jan 1856]

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[1] From my personal research. Frances E. Wilson, daughter of Claibourne Wilson and Martha Brown, married Henry Cannon 5 Apr 1849 in Crittenden County. In late 1850, Frances moved with family members to Missouri, leaving her husband behind, according to Henry H. Cannon's statement.

Published 22 Jul 2021,  Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

More Livingston County, Kentucky Divorces

 The following divorce citations were found in the Livingston County Circuit Court Order Books (court minutes) after earlier entries were published. Allow for variance in spelling names. The order books are sometimes hard to read due to poor handwriting, fuzzy filming and soiled or stained pages.  It was also difficult to use the index, if there was one. Sometimes “Divorce” was written after the names or sometimes “Pet. Eq.” was written. More often the only clues were the identical surnames of the plaintiff and defendant (i.e. “Dallas vs Dallas”)  This resulted in skimming through the entire order book and making a list of possible divorces. 

If the names look familiar, order the case file from the Kentucky Dept for Libraries and Archives    KDLA     The cost is reasonable ($15 for out of state residents and $10 for Kentucky residents)  and a credit card can be used for speedy delivery. Divorce case files often provide quite a lot of information, especially if the parties were not natives of Livingston County.

CirCt OB = Circuit Court Order Book

 Ames, Fisher vs Zulania Ames. Divorce granted 28 June 1855. Plaintiff to pay costs and $10 allowed to the attorney appointed to defend defendant to be taxed as costs. (CirCt OB O, p. 142)

 Baynes, E.J. vs Mary Baynes. Divorce granted 26 Aug 1862. Plaintiff to pay costs. (CirCt OB P, p. 437)

 Biggs, W.J. vs M.J. Biggs. Divorce filed 30 Aug 1860; granted 5 Mar 1861.  (CirCt OB P, pp. 117, 279)

Champion, Nancy vs Berry Champion. Divorce granted 25 Sep 1841.  (CirCt OB K, p. 283)

Coker, A. vs M.D. Coker. Petition for divorce 27 Aug 1862. Dismissed. (CirCt OB P, p. 473)

 Dallas, Jubal vs Martha Dallas. Petition for divorce 27 Aug 1860 (CirCt OB P, p. 99) At least three of the Dallas children were living with families in Sangamon County, Illinois on the 1870 census.

Gwinn, John vs Barbara Gwinn. Divorce granted 10 Jan 1857.  (CirCt OB O, p. 394)

 Hinton, Eliza A. vs Hugh A. Hinton. Divorce granted 27 Aug 1862. Plaintiff’s name changed to Eliza A. Ferguson, that being her maiden name. (CirCt OB P, p. 466)

 Hooper, Laban L. vs Elizabeth Hooper. Divorce granted 21 Aug 1861. Each party to be restored to all property which came through or by them which has not been expended.  (CirCt OB P, p. 315)

 Irving, David vs Eliza H. Irving. In Chancery (for divorce) filed 19 May 1847.  Defendant not an inhabitant. Defendant warned to appear and answer complainant’s bill on or before 1^st day of ensuing term f court.  (CirCt OB M, p. 160) Defendant did not appear and appearing that she has abandoned her husband & deserted him and continues to live separately from him for more than 1 year previous to filing of this petition. Plaintiff granted divorce and to be restored to all rights, privileges & immunities of an unmarried man. 16 May 1848. (CirCt OB M, p. 351) [1]

  Leftridge, Mary vs Joseph Leftridge. Divorce granted 10 Jan 1857. (CirCt OB O, p. 394)

  Markham, M.H. vs J.T. Markham. Petition dismissed 25 Aug 1860.  (CirCt OB P, p. 89)

  Marley, James vs Sarah J. Marley. Divorce granted 7 Jan 1859. Plaintiff to pay costs. (CirCt OB O, p. 618)

 Monroe, Robert vs Mahala Monroe. Divorce granted 24 Aug 1860.  (CirCt OB P, p. 85)

 Powell, L.A. vs G.W. Powell. Petition for Divorce 1 July 1859. By agreement of parties, defendant to pay plaintiff’s attorney $25 and to the officers of the court their fees and suit dismissed. (CirCt OB O, p. 665)

 Reeves, Redding vs Ailcey Reeves. Granted 10 Jan 1857. Plaintiff to pay costs.  (CirCt OB O, p. 394)

Snow, Martha A. Snow vs John N. Snow. Divorce granted 26 Aug 1862. Property of plaintiff consisting of “three Negroes, a buggy and horse and all other property that she has, including land and personalty adjudged to her.” Plaintiff to have custody, care and education of the child, Elizabeth E. Snow, and plaintiff to recover her costs. (CirCt OB P, p. 437)

Stewart, Samuel vs Virginia Stewart. Divorce granted 10 Jan 1857.  (CirCt OB O, p. 394)

Stringer, John vs Margaret Stringer. Divorce petition of plaintiff dismissed 19 Aug 1861; answer of defendant’s cross petition continued. (OB P, p. 312)  Cross Petition: Divorce granted M.A. Stringer 28 Aug 1862. Each party to be restored to all property not disposed of at commencement of this action. M.A. Stringer to recover from John Stringer her costs; $25 allowed for her attorney’s fees. (CirCt OB P, p. 474)

Tanner, Lucinda vs John Tanner. Filed 13 Dec 1855. Plaintiff warned to appear 17 Dec 1855. Dismissed 3 July 1856 (CirCt OB O, p. 198, 219, 325)

Wadley, Philip vs Louisa Wadley. Petition for divorce. On motion of plaintiff, ordered petition be dismissed 4 July 1856. (CirCt OB O, p. 331)

Williams, Ludicia vs W.W. Williams. Divorce granted 10 Jan 1857, Plaintiff to recover her costs expended and $10 attorney’s compensation.  (CirCt OB O, p. 393)

 

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[1] Two days after David Irving filed the petition for a divorce from his wife, he filed his intent to become a citizen of the United States. A native of Scotland, he came to the United States from Lanarkshire, Scotland on or about the 20^th of July 1831. The intent to become a citizen is found in Livingston County Circuit Court Order Book M, p. 170. The naturalization intent was filed 21 May 1847.

Published 14 Jan 2021, Western Kentucky Genealogy Blog,  http://wkygenealogy.blogspot.com/

Livingston County, Kentucky Divorces 1830s and Earlier

 The following entries on divorces comes from the Livingston County, Kentucky Circuit Court Order Books. Details of the divorce are found at the Kentucky Dept for Libraries and Archives (KDLA). For information on ordering a copy of the case file, fill out the required form HERE .  I see several well known Livingston County names. Do  you see them, too? 

The first name below is the plaintiff and the second name is the defendant. For example, Elizabeth Bull is the plaintiff or complainant and Isaiah Bull is the defendant.

OB = Order Book    OB H, p. 233 refers to Order Book H, page 233.

Bull, Elizabeth vs Isaiah Bull.  6 Sep 1831. (OB G, p. 461) Defendant not an inhabitant of this Commonwealth & failed to appear to answer complainant’s bill. If defendant does not answer complainant’s bill, same will be taken as confessed. 14 Jun 1832. (OB H, p. 12) Cause dismissed 6 Mar 1835. (OB H, p. 233) 

Carmon, Catharine vs George Carmon.  6 Sep 1831. (OB G, p. 461) Plaintiff filed amendment to her original bill. Cause continued. 14 Jun 1832 (OB H, p. 11) Defendant failed to answer bill & taken as confessed against him. Plaintiff divorced from defendant & to recover her costs from him. 14 Sep 1832. (OB H, p. 35)

Freeman, Margaret vs William Freeman.  Defendant is non-inhabitant of Kentucky.  Appears he abandoned plaintiff (Margaret) without cause about 3 years ago and never returned and has not contributed to her support. Margaret released from bonds of matrimony. Defendant to pay costs.  7 June 1837. (OB H, p. 417; case file at KDLA)

Glass, Francis vs Diona Glass. Defendant filed answer to the bill. 11 Sep 1834. [OB H, p. 191] Appearing Diona Glass had abandoned her husband for more than 3 years before filing her original bill on this cause. Complainant divorced from Defendant & restored to all privileges of a single person. Complainant to pay all costs of this suit. 7 Mar 1835. (OB H, p. 245)

Goodwin, Harriet G. vs Philip H. Goodwin. Divorce granted & each person restored to all privileges of an unmarried person. 3 Sep 1828. (OB G, p. 193)

Hodge, Blount vs Eliza Hodge. This day this cause came to be heard … the defendant abandoned complainant & remains apart & separate from complainant. Therefore ordered & decreed that bonds of matrimony be dissolved, set aside and null & they are hereby divorced. Both restored to all rights of a single person. 12 Sep 1834. (OB H, p. 201)

Lee, Matilda vs James Lee. Granted 17 Sep 1817. He is a non-resident. (OB E, p. 244)

Leming, Charlotte vs Samuel M. Leming. Cause continued. 4 Sep 1828. (OB G, p. 206) Suit Dismissed 3 Mar 1829. (OB G, p. 228)

Lillard, Matthew vs Frances Lillard. Divorce filed Caldwell County, but case filed with Livingston County cases at KDLA. Cause dismissed. 6 Jun 1835. (OB H, p. 279)[1]

Linthicum, Mary vs Rice Linthicum. Divorce filed 5 Jun 1828. Continued. (OB G, p. 175). Defendant filed answer to complaint. 4 Sep 1828. (OB G, p. 201) Divorce granted 3 Mar 1829. Each party to pay their own costs. (OB G, p. 221) [2]

Marvell, John R. vs Sally Ann Marvell. Divorced 8 June 1827. (OB F, p. 428, OB G, p. 25)

Owen, Alfred vs Anna Owen. Divorce granted & marriage contract set aside. Complainant to pay costs of the suit. 3 Jun 1829. (OB G, p. 271)

Phillips, John vs Sally Phillips. Granted 20 June 1815. Defendant hath left bed & board of complainant for 3 years from 20 Dec 1810.  (OB E, p. 75)

Phillips, Mark vs Harriet G. Phillips. Divorce. Defendant filed answer to complainant’s bill. 8 Sep 1835. [OB H, p. 297] Defendant abandoned complainant on 26 Jun 1832 with the intention of abandonment and has ever since lived separate from complainant & for term of 3 years before filing on complainant’s bill. Therefore decreed by court that complainant is divorced from defendant. Complainant to pay costs. 9 Sep 1835. (OB H, p. 302)

Robertson, Phillippina vs Alexander Robertson. Divorce filed 3 Mar 1835. (OB H, p. 207) Deposition of Peter Jones filed. Defendant abandoned complainant about 5 years ago. Divorce granted complainant who is also granted all rights of a femme sole. Defendant to pay costs. 8 Jun 1836. (OB H, p. 395)

Simpson, Jane vs Vinson B. Simpson. Dismissed without prejudice to either party. 7 Sep 1827. (OB G, p. 75)

Tucker, Martin vs Elizabeth Tucker. Divorce. Defendant not an inhabitant & failed to appear. 4 Sep 1828. (OB G, p. 206) Divorce granted and parties to pay their own costs. 3 Mar 1829.  (OB G, p. 231)

Wyatt, Delila vs John Wyatt. Divorce. Defendant non- inhabitant. Ordered to appear at next term of court. 5 Mar 1824. (OB F, p. 199) Continued 7 times until the evidence was brought before a jury, who found the Defendant hath left the Complainant with the intention of abandonment for more than 2 years before the commencement of this suit. Bonds of matrimony that existed between the parties to be dissolved and complainant restored to advantages and privileges of a femme sole. 6 Sep 1826. (OB F, p. 415)

 

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[1] Case File A1986-289, Livingston County Equity, Ordinary and Commonwealth Cases Mar 1842-June 1842, Box 63, Matthew Lillard vs Frances Lillard, Kentucky Dept for Libraries and Archives [KDLA].

[2] See Crittenden County Case File #72, Rice Linthicum vs Mary Linthicum: Divorce. 30 Jul 1856, Crittenden County OB D, p. 55.

Published 19 Nov 2020, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Crittenden County, Kentucky Divorces 1856-1860

The following Crittenden County divorces are first mentioned in Crittenden County Circuit Court Order Book D (1856-1860) when the case was filed. Details of the law suit are given in the case file, which can be ordered from the Kentucky Dept for Libraries and Archives in Frankfort. The date of the entry in this order book is given at the end of the with the reference listed. For example, 31 July1856 refers to entry in order book D page 79, dated 31 July 1856.

Weldon, Shelby P. vs Judy Ann Weldon,  Case File #72:  Shelby P. Weldon, plaintiff,  is restored to all the rights and privileges of an unmarried man and is to pay costs. [OB D:79;  31 July 1856]

Fox, Elizabeth vs Pleasant Fox, Case Files #47 and #72:  It appearing Pleasant Fox abandoned Elizabeth without cause more than 12 months prior to commencement of this suit. Therefore marriage contract between them annulled, set aside and held for naught. Elizabeth, plaintiff, is restored to rights and privileges of an unmarried woman. R.F. Haynes, attorney for  non-resident defendant, allowed $5 for his services. [OB D:69; 30 Jul 1856]

Linthicum, Rice vs Mary Linthicum, Case File #72:  Contract of marriage between plaintiff and defendant set aside and held for naught as far as Rice Linthicum is concerned. R.H. Word is attorney for non-resident deft.  [OBD:55; 30 Jul 1856]

Brantley, Cassy vs William Brantley, Case File #72: Contract of marriage set aside and Cassy restored to her former name of Cassy Grissom. Plaintiff to recover her costs expended. [OBD:56; 30 Jul 1856]

Sheperson, Susan vs William Sheperson[1] : Bonds of matrimony annulled and held for naught as far as plaintiff is concerned and she is restored to right and privileges of an unmarried woman. Defendant is non-resident. [OBD:343; 24 Jul 1858]

Oliver, Frances L. vs James T. Oliver, Case File #102:  Divorce granted Frances Oliver, plaintiff, and vows between plaintiff and defendant are absolved. [OBD:643; 8 Nov 1860]

 Jones, William Ann vs Samuel Jones  Case File #102:  Bonds of matrimony dissolved and plaintiff to recover her costs. Defendant is non-resident. [OBD:644, 9 Nov 1860]

Published  30 Jan 2020, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

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[1] Case file number for Susan Sheperson vs William Sheperson not listed in index.

Webster County, Kentucky Divorces 1869 - 1870

The following entries have been abstracted from Webster County, Kentucky Circuit Court - Civil Orders, vol. 1 (1867-1872), which is available on FamilySearch.org. To order copies of the case files, which contain details of the law suit, go Here

11 Feb 1869, p. 195:  Louisa Lamb, plaintiff,  vs B.F. Lamb, defendant.  Plaintiff is divorced from defendant and restored to all the rights and privileges of an unmarried woman. Each party is to have all property which they owned at the date of their marriage not disposed of during their covenant.  Plaintiff's maiden name of Louisa Shelton restored to her.

18 Aug 1869, p. 278:  Felix G. Doris, plaintiff,  vs Eliza Ann Doris, defendant.  Bonds of matrimony hereto existing between the parties is hereby dissolved and plaintiff is divorced and he is restored to the rights and privileges of an unmarried man. Plaintiff is to pay costs of this action.

18 Aug 1869, p. 278:  Elizabeth Price, plaintiff, vs Geo. W. Price.  Bonds of matrimony dissolved  and plaintiff is restored to rights of an unmarried woman and her maiden name of Elizabeth James. Plaintiff is to have exclusive custody and control of her three children, Sarah H., George W. and Daniel W. Price, to the total exclusion of their father. Each party restored to all property acquired through each other by reasons of their marriage not disposed of by them. Plaintiff to pay costs of this suit.

16 Feb 1870, p. 296:  Lafayett Johnson, plaintiff, vs N. Johnson, defendant. Bonds of matrimony dissolved and he is restored to the rights of an unmarried man.

11 Aug 1870, p. 366:  Jesse L. Benton, plaintiff, vs Mary E. Benton, defendant.  Defendant summoned and failed to appear. Plaintiff released from bonds of matrimony and restored to all rights of an unmarried man. Each party is restored to all property not disposed of at the commencement of this suit.

11 Aug 1870,  p. 367:  S.T. Satterfield, plaintiff, vs Mary A. Satterfield, defendant. Defendant is a non-resident summoned 60 days before filing of this suit and failed to appear. S.T. Satterfield divorced from defendant and restored to all rights of an unmarried man. All property not disposed of at commencement of this suit to be restored to parties.

11 Aug 1870, p. 378:  Susan Price, plaintiff, vs G.J. Price, defendant. Motion of  plaintiff for the care and custody of her children, it appearing defendant is in possession of Nancy, John, Sarah and Nancy and he is not the proper person to have custody of them. Sheriff to take possession of children and restore them to the custody of the plaintiff.

Published 29 Nov 2019, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Livingston County, Kentucky Divorce Index 1865 - 1871

Divorce files are found in Circuit Court records at the Kentucky Dept for Libraries and Archives. To order the case file, which contains the details of the case, go here: Order Form

The information for the following divorces has been gleaned from Livingston Circuit Court Order Books (circuit court minutes)  N (1852 - 1854), O (1854 - 1860), P- Q (1863 - 1867), R (1867 - 1871). The reference is given at the end of each entry.

OB = Order Book

Ainsworth, J.C. vs Martha B. Ainsworth. Divorce granted 17 Aug 1869. (OB R, p. 350)

Amos, Fisher W. vs Zalma Amos. Divorce grated 28 June 1855. He is to pay costs. (OB O, p. 152)

Berry, M.L. vs C.A. Berry. Petition for divorce. Cause dismissed 1 Sept 1865. (OB Q, p. 279)

Bloodworth, Isaac vs Anna E. Bloodworth. Divorce granted to defendant 2 Sept 1865. Her maiden name of Roberts was restored. Isaac Bloodworth prohibited from marrying for 12 months. (OB Q, p. 293).

Burgess, Rebecca vs J.T. Burgess. Divorce action continued 20 Feb 1865. (OB Q, p. 186). Parties now living together 1 Sept 1865. Petition dismissed. (OB Q, p. 279).

Carson, L.B. vs M.H. Carson. Divorce petition dismissed 11 Feb 1866. (OB Q, p. 325)

Champion, Catharine vs James M. Champion. Divorce granted 2 Sept 1865. Plaintiff's maiden name of Owens restored to her. (OB Q, p. 286).

Champion, W.B. vs Mary S. Champion. Plaintiff's petition for divorce dismissed. Divorce granted to Defendant 15 Feb 1868. (OB R, p. 108)

Clark, M.B. vs S.C. Clark. Divorce. Plaintiff hath departed this life. (OB R, p. 171, 12 Aug 1868).

Connolly, M.A. vs John Connolly. Divorced granted 31 Aug 1866. Defendant is a non-resident. (OB Q, p. 469).

Covington, Malisa Cordelia vs Henry W. Covington. Contract of marriage dissolved 20 Aug 1867. Defendant restrained from marrying for one year. Plaintiff's maiden name of Harris restored. (OB R, p. 46).

Drewry, Sarah A. vs James A. Drewry. Deft. didn't appear. Divorce granted 20 Dec 1854. (OB O, p. 49) "On the 20th day of Septr 1852 ... James W. Drewry drove her from home violently using a great deal of harsh language..."  Depositions by Mrs. Hester Behag, plantiff's mother, and Dan F. Pryor. [1]

Dukes, Rufus vs Lucinda Dukes. Divorce granted 19 Feb 1873. (OB S, p. 192)

Dukes, W.R. vs C. Dukes. Divorce granted 23 Feb 1870. (OB R, p. 403)

Dunn, M.F. vs B.A. Dunn. Plaintiff granted divorce from B.A. Olive [sic] Dunn 13 Aug 1868. (OB R, p. 174). [Case file not found at KDLA]

Elliott, C.C. vs John Elliott. Divorce granted 13 Aug 1869. (OB R, p. 319)

Hodge, Jennie vs James A. Hodge. Deft. is non-resident. Attorney for deft. filed statement of his services 4 March 1864. (OB Q, p. 160). Cause dismissed 20 Feb 1865. (OB Q, p. 186).

Jones, Mary Jane vs James M. Jones. Petition for divorce 17 Feb 1869. Defendant abandoned her more than 12 months prior to institution of this action.  (OB R, p. 268).

Larrett, Zelia C. vs Alexander Larrett. Divorce granted  30 Aug 1860. Zelia, name restored to Zelia Catrin Renaud and to have full custody and control of infant daughter. (OB P, p. 116)  Mrs. Zelia Renaud married Alexander Larrett 14 Oct 1858 Pope County, Illinois. Both were born in France.[2] Zelia C. Larrett vs Alexander Larrett. Divorce granted 17 Feb 1869. (OB R, p. 270). Mrs. Zelia Larrett married T.R. Sherman 13 Feb 1871.[3]

Lee, W.A. vs Rosanna Lee. Divorce granted 22 Aug 1863. (OB Q, p. 50).

Mitchell, H.M. vs E.A. Mitchell. Divorce granted 31 Aug 1866. Plaintiff cannot marry  for one year and is "not to form with one other person the marriage relation until he finds the means or ability to support and maintain a wife and is not to let her suffer or be cast upon the world destitute and uncared for." (OB Q, p. 469)

Page, James vs Ailcey Page. Divorce granted 17 Feb 1868. (OB R, p. 115).

Ridley, J. vs R.J. Ridley. Defendant is non-resident 24 Aug 1865. Continued to next Feb term. (OB Q, p. 259).

Ross, A.J. vs E.P. Ross. Divorce granted 2 Sept 1865. (OB Q, p. 289).

Ross, C.C. vs Mary Ross. Divorce granted 17 Feb 1869. (OB R, p. 276)

Ross, Lovin vs M.J. Ross. Divorce granted 21 Aug 1867. Plaintiff to have all property owned by him at time of their marriage or what he acquired in his own right in this marriage. (OB R, p. 71).

Sams, E.C. vs Wiley Sams. Divorce granted 19 Aug 1870. (OB R, p. 472)

Smith, Minerva Ann vs Robert Smith. Cause continued 20 Feb 1865. (OB Q, p. 186). Divorce granted 2 Sept 1865. Plaintiff's maiden name of Carroll restored to her. (OB Q, p. 289).

Stroud, G.W. vs E. Stroud. Divorce petition dismissed 21 Aug 1863. (OB Q, p. 47).

Wells, Mary H. vs Jesse Wells. Divorce granted 2 Sept 1865. (Book Q, p. 287). Jesse Wells charged with bigamy 13 Feb 1866. (OB Q, p. 307). Reported 12 Feb 1867 that Jesse Wells hath departed this life. (OB Q, p. 471).

Wells, P.A. vs W.J. Wells. Divorce granted 2 Sept 1865. (OB Q, p. 289).

Williams, S.M. v M.J. Williams. Marriage dissolved 14 Aug 1867. Defendant cannot marry for one year. (OB R, p. 23).

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[1] Sarah A. Drewry vs Jas. W. Drewry, filed 3 Nov 1854, Kentucky Dept for Libraries and Archives, Livingston County Circuit Court Cases Dec 1854, read Oct 2009.

[2] Judy Foreman Lee & Carolyn Cromeenes Foss. Pope County, Illinois Marriage Books A-E  1813-1877, Vol. 1, (Evansville, IN: Evansville Bindery, 1990) 63 referencing Marriage Book B, p. 25.

[3] Joyce McCandless Woodyard. Livingston County, Kentucky Marriages Records Including Marriages of Freedmen, Vol. II (Aug 1839 - Dec 1871), (Evansville, IN: Evansville Bindery, 1994), 180.

Published 12 March 2018, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Livingston County, Kentucky Divorce Index 1841 - 1853

This information on  divorces granted  in 1841 - 1853 has been gleaned from Livingston Circuit Court Order Books  K (1841-1843), L (1843-1845), M (1846-1850) and N (1852-1854). The case files, which contain the details of the divorce petition, are found at the Kentucky Dept for Libraries and Archives (KDLA). The case files usually give the date and place of marriage, reason for filing for a divorce and if there are  minor children. To download a request form for a case file from KDLA, go Here

OB = Order Book

Browder, Jane A. vs Thomas W. Browder. Divorce granted 14 Dec 1852. Her maiden name of McCawley restored. She is prohibited from marrying for 1 year. (OB N, p. 576)

Burns, Cynthia vs Marcus Burns. Divorce filed 20 June 1853. He is a non-resident. (OB N, p. 501, 547) No deposition found.

Catin, Mary vs Jeremiah Catin. Divorce granted 15 Dec 1853. Maiden name of Mary McCoy restored to plaintiff. She cannot remarry for 12 months. (OB N, p. 543)

Croft, John C. vs Polly Croft. Filed 12 Mar 1841. Divorce granted plaintiff 21 Mar 1842. Defendant failing to appear. (OB K, p. 362) "About 10 Aug 1832[1] John C. Croft married Polly Dodds in Livingston County. Soon he discovered she "was anything else than a prudent loving & confiding companion ... and in one of her Wild & imprudent fits, was induced to abandon your Orators bed & board... with Wm. Lantrip left the state and settled in Illinois where she has remained for 4 years ..."[2] Depositions given by Henry Hardin, Theo Killen and Frederick H. Croft, brother of John C. Croft.

Donakey, Rachel vs John S. Donakey. Granted 21 Dec 1853. Court empowers plaintiff to use, enjoy and sell for her own benefit any property she may acquire or which belonged to her when she and her husband separated in 1848 or 9 or acquired since that time. Defendant to pay to court $20 for her benefit.  (OB N, p. 587)

Duncan, Allen vs Francis Duncan. Divorced granted 21 Dec 1853. Mutually abandoned each other and all rights of single persons restored to both, but neither can remarry for 12 months. (OB N, p. 582)

Goodrich, William Walter vs Sarah Goodrich. Filed 6 June 1851. They married 1839. She eloped from their house and lives in adultery with Joel Howell and goes by the name of Mrs. Howell. (OB N, p. 242)

Gunter, William T. vs Nancy Gunter. Deft. not an inhabitant of KY. Filed 30 Sep 1845. (OB L, p. 474)   Discontinued 15 Nov 1845. (OB M, p. 245)

Jarrold, Laura vs Alfred Jarrold. Dismissed without prejudice for want of jurisdiction 14 July 1845 (OB L, p. 378)

Lillard, Matthew vs Frances Lillard. Filed for divorce in Caldwell County, but case filed with Livingston County cases at KDLA. Married a few years ago.[3] Maiden name Frances Alcorn. " ... seemingly virtuous woman but was in truth ... without modesty, without virtue ... in short, she was a whore at heart and in practice ... set up a house in orator's neighborhood and kept a house of ill fame then left ... descended the river and is now in the city of Natchez in Mississippi."[4]

Lillard, Thomas vs Sarah Lillard. Defendant not an inhabitant of KY and failed to appear. (OB L, pp. 378, 474)

Patterson, David W.  vs Rebecca B. Patterson.[5] Granted 21 Dec 1853. Defendant cannot remarry for 1 year. (OB N, p. 582)

Rowe, Wiott vs Louisa Rowe. Defendant not an inhabitant of KY.  Appears she is guilty of adultery since she became wife of Wiott Rowe. Marriage annulled and divorce granted plaintiff 11 July 1844. (OB L, p. 175)

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[1] Livingston Co., KY Marriages (Oct 1799-July 1839) by Joyce M. Woodyard, 1992 gives marriage date as 9 Aug 1832. Consent for bride by her mother, Ally Dodd. Bondsman: Caleb Stone.

[2] Croft, John C. vs Croft, Polly case file  A1986-289, Livingston County Equity, Ordinary and Commonwealth Cases, Mar 1842-Jun 1842, Box 63,  read at KDLA 5Aug 2015.

[3] Woodyard. Livingston Co., KY Marriages (Oct 1799-July 1839), 130. Matthew Lillard obtained a bond to marry Franky Alcorn 26 Mar 1834 Livingston County.

[4] Lillard, Matthew vs Lillard, Frances case file, A1986-289, Livingston County Equity, Ordinary and Commonwealth Cases, Mar 1842 - Jun 1842, Box 63, read at KDLA 5 Aug 2015.

[5] Woodyard. Livingston Co., KY Marriages (Oct 1799-July 1839), 97. David W. Patterson married Rebecca B. Coffield 6 Nov 1828 Livingston County.

Published 4 Jan 2018, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

New Information From a Divorce File

Last week we discussed how to obtain a Kentucky divorce record from the Archives. I did just that recently and was pleased with the results.  Sometime ago I purchased the Crittenden County Circuit Court Index on microfilm[1] and used that to locate a file I thought might be of interest - John Bebout vs Ellen Bebout.

There have been a number of John Bebouts through the years, but who was Ellen Bebout? Which John Bebout had a connection to an Ellen?  I suspected this was a divorce case, but wasn't sure until I read the file. It was full of information.

According to the plaintiff (John Bebout), he married Ellen Adams in Hardin County, Illinois in July 1869. The couple lived together until June 1872. During that time he treated the defendant (Ellen Bebout) "kindly and did all he could to make her a kind & loving husband and provided her with a good home and all that was necessary to make her comfortable." [2] In June 1872, Ellen left the plaintiff and moved to Madison County, Missouri.  The couple had been living in Illinois, but after Ellen left for Missouri, John moved back to Crittenden County.

Several people gave depositions for the plaintiff at the home of John and Martha E. Tolley in Pope County, Illinois in July 1874, including Absalom Vanbaber; J.A. Bebout, John Bebout's 27-year-old son; Samuel Humphreys and John and Martha E. Tolley.

So what did I learn from this file?  I determined this John Bebout was the Reverend John Bebout,  brother of my ancestor, Peter Bebout. John  first married Sarah Shoemaker in Caldwell County, Kentucky in 1841. Sarah died 1 February 1869, according to her tombstone in Deer Creek Cemetery in Crittenden County. When she died, she left young children in need of a mother's care.  Just five months later John married Ellen Adams in Hardin County.

Those of us who had ancestors living in Crittenden and Livingston Counties know that many of those ancestors  married, lived or died in Hardin County and Pope County. There was a lot of movement back and forth across the Ohio River between Kentucky and Illinois. The problem with researching Hardin County is there were two courthouse fires, the last being in 1884, so often the records we  need no longer exist. In the Bebout divorce file is there is a copy of  the 1869 marriage license, something I would not expect to find. Although the copy dates several years after the actual marriage, it is well before the courthouse fire.  If this copy did not exist we would have no idea John Bebout ever married Ellen Adams.  But we know about the record now and it helps fill in some blanks.

Ellen Adams Bebout did go to Madison County, Missouri and is found living there with her married daughter, Frances Adams Wiseman, and family on the 1880 census. Ellen is listed as a widow, which was probably preferable to being listed as divorced.

John didn't file for the divorce from Ellen until July 1874 and it was granted 17 December 1874. Three days later he married Mrs. Mary Barger in Crittenden County. John died in 1883 and is buried beside his first wife, Sarah.

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[1] John Bebout vs Ellen Bebout,  Case File #202, Crittenden County Circuit Court General Cross Index to Case Files 1842-1977, Roll No. 7018899, Kentucky Dept. for Libraries and Archives.

[2] Ibid

Published 3 September 2015, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Researching Kentucky Divorce Records

Have you discovered your long-ago Kentucky ancestors divorced and you want to obtain a copy of the proceedings? It's easy to do and the rewards may be great.

At the beginning of statehood, an act of the legislature was required to obtain a divorce. That changed in 1809 when the circuit courts were allowed to grant divorces. Then the Court of Appeals ruled that the circuit courts had no authority in granting divorces. That all changed in 1849, when it was ruled that the legislature could no longer grant divorces and from then until 1972, only circuit courts were allowed to do so. [1]

If you have an approximate date, the names of the parties and the county where filed, you are in business. All you have to do is fill out Record Request Form, enclose $10 for Kentucky residents or $15 for non-Kentucky residents) and mail to the address on the form.  It takes about two weeks for the file to arrive.

Only a handful of  Kentucky counties have retained their circuit court cases. Most counties transferred their records to the Archives. The records for Crittenden and Livingston Counties are at the Archives and the records for Caldwell County are at the Glenn Martin Genealogy Library in Princeton, Kentucky. 

I have had good luck obtaining Crittenden County divorce case files, but so-so luck for Livingston County case files, but only because some Livingston County divorce case files are not where they should be. When any county files leave the county, they are maintained in the same order when they arrive at the archives. If they are out of order when they arrive, they remain out of order at the Archives.  Archives employees make a thorough search, but sometimes the records  cannot be found. 

Divorce files are  missing from the Caldwell County collection from the late 1840s to the 1870s. 

A missing case file doesn't mean you won't find anything on the divorce. When the divorce was filed, it was noted in the circuit court order book  and each time it was continued or when the divorce was granted or dismissed, it was recorded in the order book. You might not find out all of the details, but a little info is better than nothing. A copy of the order book entries is included when you request the entire file from the Archives.

What can you expect to find in a divorce case file? Generally, the maiden name of the wife is given, along with the place and year of marriage. The file may also list the names and ages of children born to this union. The reason for the divorce application will also be given. If you are lucky, it may list former places of residence, names of people giving depositions and their relationship to the divorcing parties.

Divorce records can be a great asset in your research. Don't pass them by because it is too much trouble to obtain them. Next week I will give you an example of what I found in one divorce record.

 [1]  "Divorces Granted by Legislature and Courts in Kentucky, 1792-1849," Blue Grass Roots, quarterly of the Kentucky Genealogical Society, Vol. VII, No. 1, Spring 1980, p. 1.

Published 27 August 2015, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Articles of Separation - 1847

After 11 years of marriage and several children, Nathan Gray and his wife, Lydia G. Gray, decided to separate.  Lydia agreed to leave "the bed and board of the said Nathan and he in full discharge and payment to her for all alimony, dower or other interest which she may have in and to his estate"[1] and Nathan promised to give her a gray mare with "Laydies" Saddle and bridle, blanket, a feather bed and furniture, spinning machine, a cow and a set of plates.  

Not only did Nathan and Lydia divide the household items, they also divided the children. Lydia was permitted to take Caroline, Elizabeth and Lucretia, the three daughters born of this marital union, and Nathan would take the [unnamed] sons born to him and Lydia. One has to wonder how one feather bed would be sufficient for Lydia and three young daughters.

 It was also agreed that Nathan and Lydia would have a divorce as soon as they wish or the law would permit.  Nathan signed his name to the separation agreement and Lydia signed by making her mark. The document was recorded the same day it was written - 2 September 1847.

And then ... something happened to change their minds. Less than two months later, the couple announced that a  "new order of things has taken place between them and Gray and wife having now thought better of it, they do mutually agree  ... to annul and make void the  ... articles of separation ..."[2]

"They do hereby pledge themselves to each other that they will henceforth faithfully and affectionately discharge their several duties as husband and wife and endeavor to live for the sake of themselves and their children in the affectionate and tender relation of husband and wife the remainder of their days."[3]

No clue is given in public records as to why the couple separated or reconciled, but they appear together with their children, including two born after the separation, on the 1850 Caldwell County census[4]. This isn't my family and I don't know many details, but Lydia was listed as married at her death on  28 November 1858.

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[1] Caldwell County, Kentucky Deed Book N:251, 2 September 1847.

[2] Caldwell County, Kentucky Deed Book N:279, 16 October 1847.

[3] Ibid.

[4] 1850 Census, Caldwell County, Kentucky, 2nd District, p. 368A, image 314, Ancestry.com, accessed 11 May 2015.

Published 25 June 2015, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Creekmur Divorce 1827

Christopher Creekmur, son of John Creekmur, married Rutha Ellis, daughter of Abraham Ellis, 24 August 1822 in Caldwell County, Kentucky.  The young bride had high expectations for a happy marriage and did not know that just five years later she would be filing a petition for divorce. The following  file is located in Caldwell County circuit court case files at the Glenn Martin Genealogy Library, Princeton, Kentucky.

Ruth Creekmur (late Ruth Ellis) humbly complaining showeth That she was single and unmarried, she lived in the house & family of her honorable father, and might have continued so, but being young and heedless, ardent and passionate as all young people are  ... a time too, when the heart is most susceptible of impressions of love, a certain Christopher Creekmur,  young, handsome & gallant, made his address ... under the appearance and character of a gentleman. By insinuation, deceitful courtesy and impassioned declarations of honorable love, he gained upon the young and susceptible heart of your oratrix, and they were married. As they stood before Hymen's sacred altar, and ... responded affirmatively to the [illegible] injunctions of the Priest, in the vows then made by Creekmur, your oratrix thought she had an eternal pledge and prim assurances of reciprocal love, affectionate kindness and tender regard. She returned from the church with sanguine hopes of lasting happiness and matrimonial bliss.  But scarcely had they entered the threshold of the married life, before a cloud of horrible darkness spread its deadening shade and enveloped her of cruelty, barbarism and incontincy. She was taken sick ... before her recovery he departed from her, hopeless, friendless and heart broken. Near five years ago he abandoned her with an intention never to return.

From Kentucky he removed to Tennessee, and has there married another woman. This was more mortifying than every thing else. Until your oratrix was informed of the circumstances, she hoped she could reclaim her husband but this put an end to every hope, and from that moment she determined to apply ... she prays Creekmur may be made defendant to this bill and compelled to answer every [illegible] herein contained fully and completely and upon a final hearing she prays the court to divorce her a viculo matrimonii [1] from Creekmur and restore her to all the privileges of a single woman and for general relief ...

The petition was published for two calendar months in the Village Museum, "an authorized newspaper printed in Princeton."  Christopher Creekmur did not respond to the petition and the jury adjudged and decreed that the complainant, Ruth Creekmur, be forever divorced from the defendant and that she be restored to all the privileges and rights of a femme sole.

Christopher Creekmur must have returned to Caldwell County as he married Mrs. Lucinda Townsen 28 January 1847 in Caldwell County. He also appears on the Caldwell County 1850 census. 

[1] viculo matrimonii - complete divorce

Published 14 November 2013, Western Kentucky Genealogy Blog, http://wkygenealogy.blogspot.com/

Livingston County, Kentucky Divorces 1865 - 1867

 

This information on  divorces granted  in 1865 - 1867 has been gleaned from Livingston Circuit Court Order Books  Q (1863 - 1867) and R (1867 - 1871). The case files, which contain the details of the divorce petition, are found at the Kentucky Dept for Libraries and Archives. The case files usually give the date and place of marriage and if there are  minor children. To download a request form for a case file from KDLA, go Here

Champion, Catharine vs James M. Champion. Divorce granted 2 September 1865. Plaintiff's maiden name of Owens restored to her. (Order Book Q, page 286).

Wells, Mary H. vs Jesse Wells. Divorce granted 2 September 1865. (Book Q, page 287). Jesse Wells charged with bigamy 13 February 1866. (Order Book Q, page 307). Reported 12 February 1867 that Jesse Wells hath departed this life. (Order Book Q, page 471).

Ross, A.J. vs E.P. Ross. Divorce granted 2 September 1865. (Order Book Q, page 289).

Wells, P.A. vs W.J. Wells. Divorced granted 2 September 1865. (Order Book Q, page 289).

Smith, Minerva Ann vs Robert Smith. Divorce granted 2 September 1865. Plaintiff's maiden name of Carroll restored to her. (Order Book Q, page 289).

Bloodworth, Isaac vs Anna E. Bloodworth. Divorce granted to defendant 2 September 1865. Her maiden name of Roberts was restored. Isaac Bloodworth prohibited from marrying for 12 months. (Order Book Q, page 293).

Connolly, M.A. vs John Connolly. Divorced granted 31 August 1866. Defendant is a non-resident. (Order Book Q, page 469).

Mitchell, H.M. vs E.A. Mitchell. Divorce granted 31 August 1866. Plaintiff cannot marry for one year and is "not to form with one other person the marriage relation until he finds the means or ability to support and maintain a wife and is not to let her suffer or be cast upon the world destitute and uncared for." (Order Book Q, page 469)

Williams, S.M. vs M.J. Williams. Marriage dissolved 14 August 1867. Defendant cannot marry for one year. (Order Book R, page 23).

Covington, Malisa Cordelia vs Henry W. Covington. Contract of marriage dissolved 20 August 1867. Defendant restrained from marrying for one year. Plaintiff's maiden name of Harris restored. (Order Book R, page 46).

Ross, Lovin vs M.J. Ross. Divorce granted 21 August 1867. Plaintiff to have all property owned by him at the time of their marriage or what he acquired in his own right in this marriage. (Order Book R, page 71).

 

 

Kentucky Divorce Laws 1852

Copyright by Brenda Joyce Jerome, CG

May not be copied without written consent

Prior to 1849, divorces were granted in Kentucky either through an act of the legislature or through circuit court. After 1849, only circuit courts granted divorces. The filing and conclusion of the divorce are usually found in the circuit court order books (minutes), but the details of the case are found in circuit court case files at the Kentucky Dept for Libraries and Archives. Theses case files can be ordered by mail. Use this form:  Divorce Request Form  

The grounds for divorce were outlined in The Revised Statutes of Kentucky, approved and adopted by the General Assembly, 1851 and 1852, and in force from July 1, 1852, Volume II, page 17, Article III: Divorce and Alimony. Among the many grounds for divorce were the following:

1.  Living separately and apart without cohabitation for five consecutive years before application.
2.  Abandonment by one party from the other for one year.
3.  Condemnation for felony in or out of this state.
4.  Concealment from the other party of any loathsome disease existing at the time of marriage or afterward.
5.  Force, duress, or fraud in obtaining the marriage.
6.  Confirmed habit of drunkenness on the part of the husband of not less than one year's duration, accompanied with a wasting of his estate, and without suitable provision for the maintenance of his wife and children.
7.  Habitual cruel and inhuman treatment of the wife by the husband of not less than 6 months.
8.  Cruel beating or injury or attempt at injury of the wife by the husband.
9.  Pregnancy of the wife by another man without the husband's knowledge at the time of the marriage.
10,  Adultery committed by the wife or such lewd, lascivious behavior on her part so as to prove her t unchaste, without actual proof of a specific act of adultery.

Suit for divorce had to be brought in the county where the wife usually resided, if she had a residence in the state. If she did not, the suit was to be brought in the county of the husband's residence. Residence must be for one year before filing of the divorce. The suit for divorce had to be brought within 5 years of the the act complained of and cohabitation as man and wife, after knowledge of the adultery or lewdness complained of, took away the right of divorce thereafter.

A decree for separation or divorce from bed and board could also be rendered for the same causes which allowed regular divorce. Neither party in a divorce from bed and board could remarry during the lifetime of the parties.  

Champion vs Champion: Divorce 1865

Prior to 1849, divorces were granted in Kentucky either through an act of the legislature or through circuit court. After 1849, only circuit courts granted divorces. The filing and conclusion of the case will be mentioned in the circuit court order books, but the particulars of the case can be found in case bundles. Most counties have transferred their circuit court case bundles to the Department for Libraries and Archives in Frankfort, Kentucky. To order a divorce case bundle, fill out a request form here: Request Form

Details of the private lives of a man and woman usually go untold unless they file for divorce. This was the case of James W. Champion who filed for divorce from his wife, Margaret, on 11 July 1865 in Crittenden County, Kentucky. The following information has been abstracted from circuit court bundle #123 at KDLA.

The parties married in 1863 in Crittenden County while he was in the Federal service as a soldier. They lived together about two months when the “defendant became forgetful of her marriage vows and became too familiar in her conduct ...” Champion stated her behavior was unacceptable for a married woman.

Giving a deposition for the plaintiff was Emanuel Barnes, age 20, who stated he had known James W. Champion all his life. In the summer of 1863, he enlisted in the 48th KY Regt. and was connected to that regiment some 3-4 months. After his discharge, he lived in Crittenden County. He stated the defendant, Margaret Champion, lived with her father at Walker’s old furnace while her husband was in the army. He also stated that Margaret acted improperly while her husband was in the army.

William Champion, age 26, stated he had known the plaintiff all his life and the defendant about three years. He stated that James W. Champion was informed of his wife’s improper conduct a few days after his return from the army and they immediately separated.

Further testimony as to Margaret’s behavior was given by Sarah Barnes, age 33 and who lived eight miles west of Marion. Sarah also testified that Margaret acted improperly for a married lady.

In each deposition, it was stated that Margaret was in the company of another man who was not a family member.

What the divorce file does not tell you is that Margaret’s maiden name was Kimsey and she married J.W. Champion 25 August 1863 in Crittenden County. After the divorce was granted, Margaret disappeared from Crittenden County. Her father, Wm. F. Kimsey, moved to Osage County, Kansas and perhaps Margaret went with him. J.W. Champion married Martha J. Gilliland 3 October 1866. They appear on the 1870 Crittenden County census.