Descendants of Ebenezer Cummings
General No. 6013
State of Illinois
Kane County Circuit Court
January Term A.D. 1858
To the Honorable Isaac G. Wilson Judge of the 13th Judicial Circuit and presiding Judge of the Kane County Circuit Court—In Chancery sitting
Humbly complaining showeth unto your Honor your orator David Lamphire of the County of Kane and state of Illinois That in the year A.D. 1848 your orator was joined in the bonds of matrimony with one Jane Cummings in the county & state aforesaid who is now his wife—
That they cohabited together as husband and wife until September 8th A.D. 1855 when the said Jane Lamphere left, deserted & abandoned him willfully & without any reasonable cause whatever on his part & has ever since willfully continued such desertion, abandonment & absence from him—
And your orator would further show unto your Honor that he now is & has been for the last two years, a resident of Kane County aforesaid—
And your Orator would further show unto your Honor that he is desirous of having the said marriage between him & the said Jane Lamphere dissolved & declared null & void by a decree of this court.
In tender consideration whereof & for as much as your orator is remediless in the premises at & by the strict rules of the common law & is only retrievable in a court of equity when matters of this nature are properly cognizable & retrievable – to the end therefore that the said Jane Lamphere may upon her corporeal oath full true direct & perfect answer make to all & singular the premises & that as fully & particularly as if the same were here again repeated & she therto particularly interrogated and that the said marriage between your orator & the said Jane Lamphere may be dissolved & declared null & void by a decree of the court according to the statute if such case made & provided – And that your orator may have such further relief in the premises as shall be equitable and the circumstances of this case may require –
And may it please your Honor to grant unto your Orator the people’s writ of Subpoena issuing under the seal of this Honorable Court directed to the said Jane Lamphere &c.
State of Illinois
This cause having this 21st day of January A.D. 1858 been brought on to be heard upon the Bill of complaint filed therein taken as confessed by the defendant (for want of an appearance & answer) and upon the proof heard in open court from which it appears that the defendant had been duly served with process of summons ten days before the commencement of this term of court and that the complainant had been a resident of this county for more than two years before the filing of his Bill of Complaint and is now a resident of the same – And it also appearing by the evidence that the parties were married in this county in the year A.D. 1849 – that they lived & cohabited together as husband & wife in this county until September 8th 1855 when the said defendant Jane Lamphere willfully deserted & absented herself from the complainant David Lamphere without any reasonable cause or provocation whatever and has ever since so continued such wilful desertion & abandonment –
Whereupon it was upon Motion of the Complainant’s solicitors ordered, adjudged & decreed by the Court and the Court doth by virtue of the power & authority in it vested & in pursuance of the statute in such case made & provided, order, adjudge & decree that said marriage contract heretofore solemnized & existing between the said David Lamphere & Jane Lamphere be dissolved & the same is hereby dissolved by the Court and the same wholly for naught esteemed, and the said parties & each of them are freed from the obligations thereof & that each of the parties be at liberty to marry again the same as if the said marriage had never been solemnized or either of the parties now dead.
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