White County Tennessee
County Court Clerk's Office
Loose Papers


M. J. Pirtle	|
     vs		|     O. Bill Filed 12 Jan 76
H. Pirtle	|
To the Honorable the Circuit Judge holding the Circuit Court for the County 
of White in the 5th Judicial Circuit of Tennessee.
     The bill of Complaint of Malcena J. Pirtle a citizen of White County 
Tennessee against Henry Pirtle of parts unknown and William Montgomery of 
White County Tennessee.  Humbly complaining your oratrix would show to your 
Honor that about five years ago she intermarried with the Defendant Henry - 
and that they lived together about two years or perhaps two & a half - and 
during that time she demeaned herself as a kind and dutiful wife should do - 
towards the sd defendant - but on the contrary the said Henry Pirtle did not 
treat her as he should have done.  Your oratrix would state to your Honor 
that the said defendant Henry was guilty of adultery with persons to your 
oratrix unknown & whose names were and are unknown to her, that this occurred 
while he was working on the Rail Road in Cheatum County Tennessee.  She 
states to your Honor that he then & there caught a venereal disease called 
_________ that this was a short time before their separation.  She further 
states that he failed & refused during the time they lived together to 
support and provide for her, the necessaries of life & she therefore suffered 
for the want of provisions & clothing.  She states that when he worked & 
procured any thing, he generally fooled it away for whisky or in gambling or 
other dissipation.  That he finally turned her out of doors & abandoned her & 
willfully & maliciously more than two years before this time & has since 
failed & refused to maintain & support provide for her ever since.  The final 
separation took place in White County Tennessee.  She has not heard of him 
since about one year & Eleven months ago - & then he was straggling over the 
Country doing no good.  That she was compelled to go to her fathers for a 
support & for a shelter.  She further states that she has been living at her 
fathers in White County Tennessee about two years & a half.  That she has one 
child the offspring of her marriage with Deft who is of tender years, a 
female whose name in Hygiene P. Pirtle about Three years & a half old & who 
has not been provided for or cared for any more than your oratrix.  She 
states that she has always maintained an honest upright & virtuous course of 
conduct & character, and she states that she does not make this Complaint out 
of levity or by collusion with the Defendant Pirtle, but in sincerity and in 
truth for the causes herein set forth.  She states that she has a judgment in 
her name against the defendant William Montgomery for about $38.00 or $40 
which was rendered by one John Glenn a Justice of the peace for White County 
in the 6th Civil District of sd County.  In tender consideration of these 
premises your Complainant prays that copy subpoena & all necessary process 
issue & that publication be made as to the Defendant Pirtle as his residence 
or whereabouts is wholly unknown to her, and that upon final hearing she be 
decreed a divorce from the bonds of matrimony, & that the judgment and also 
care custody & control of said infant, and as she is informed & believes that 
said Montgomery is insolvent aside from some tobacco he has hogshead up in 
preparation for market & a remainder interest in a tract of land & is 
fraudulently concealing his property sd tract of land in which he has a 
remainder interest of 1/5th lies in White County Tennessee & bounded on the 
North by Foster Pirtles land, South by those of Jacob Pirtle, East by those 
of James Crowder or claimed by him, West by those of Charles Anderson, 
suppose the whole tract containing about 160 acres more or less & she prays 
for general relief & for attachment that sd Montgomery's property be 
attached.  This is first application for these --?-- ever made in this case.
								Farriss atty V. Story

State of Tennessee	|
White County		|     On this the 5th day of January 1876 personally 
came before me John Glenn an acting Justice of the peace in & for the County 
aforesaid the foregoing Complainant M. J. Pirtle & made oath in due form of 
law that the foregoing bill is true in Substance & in fact.  And I do 
solemnly Swear that owing to my poverty, I am unable to bear the expenses of 
this suit.  I am about this day to commence & that I am justly entitled to 
the relief sought.  This Jan. 5th 1876.
	John W. Glenn    J. P.   Seal					M. J. Pirtle



Note: From White County Tennessee Marriage Records:
         H. M. Pirtle to Melcina Joanes November 13, 1870.
         This Henry M. Pirtle is thought to be the son of
         William G. & Sarah Pirtle, and grandson of George
          Pirtle (1767-1840).



										Transcribed By:
										James R. Blanks
										114 Somerset Lane
										Tullahoma, TN 
37388
										August 5, 2001


2