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Tabbie Brizendine
vs.
J. M. Brizendine, 1921
Divorce and Alimony

Source:  TSL&A Microfilm # A-5162
Sumner County Probate Records (County or Chancery)
Loose Records 3444 - 3513

Transcribed by Jan J. Barnes
© 2003

Loose Record # 3505

In this cause, on motion of complainant, and it duly appearing to the court that the defendant, J. M. Brizendine, has been regularly served with subpoena to answer the complainant's bill more than five days before the second Monday in November, 1921, to which time said cause was returnable, and that he has failed to appear and make defense to said bill, within the time required by law; it is ordered that complainant's bill be taken as confessed and the cause set for hearing ex parte.

And thereupon this cause came on for final hearing this November 17, 1921, before Chancellor J. W. Stout, upon the bill of the complainant, Mrs. Tabbie Brizendine, the pro confesso entered against the defendant, J. M. Brizendine, and oral testimony of witnesses examined in open court, and it is satisfactorily appearing to the court that the facts charged in the bill are true; that the complainant and the defendant were married in April, 1908, and for the last eight or nine years have resided in Sumner County, Tennessee; that the defendant abandoned complainant, turned her out of doors, and has failed, neglected and refused to provide for her, without just cause or excuse or any fault on her part; it is, therefore, ordered, adjudged and decreed by the court that the bonds of matrimony subsisting between the complainant and the defendant be absolutely and forever dissolved, the complainant vested with all the rights of an unmarried woman, and that she have restored to her the name of Tabbie Byrns, which was her name before she married the defendant.

It appearing to the court that the complainant is justly entitled to alimony from the defendant, it is further ordered, adjudged and decreed that all of the right, title, interest and estate of the defendant, J. M. Brizendine, in and to the real estate described in the bill and hereinafter described, including the improvements and appurtenances thereunto belonging, be divested out of him and vested in the complainant, Mrs. Tabbie Brizendine, her heirs and assigns, forever.  Said real estate is a certain lot or parcel of land described as follows:  Situated in Sumner County, Tennessee, in the Third Civil District, town of Gallatin, fronting on Lyon St., and bounded as follows, beginning at the N. West corner, at a rock in the curbing on Lyon St; thence S 4 1/2 degrees W with the line of the Sumner County Cooperative Creamery lot 154 feet to a rock; thence S 84 1/2 degrees E. 37 feet with the line of the lot of the Sumner County Co-operative Creamery to a rock in the line of the lot belonging to the Gallatin Ice & Coal Co.; thence northwardly with said line to the curbing on Lyon St., same being the northeast corner; thence westwardly with said curbing 29 feet and 5 inches to the beginning, and being the same lot conveyed to the Gallatin Ice & Coal Co., by Mrs. Mary E. Love et als by deed of Aug. 9th, 1919, of record in R. O. S. C., Book 81, page 376, and conveyed to J. M. Brizendine and wife, Mrs. Tabbie Brizendine, by John B. Swaney et al by deed dated November 15, 1920, of record in Book 88, page 218, of the Register's Office of Sumner County, Tennessee.

It is further ordered, adjudged and decreed that the complainant recover of the defendant the costs of this cause, including a fee of Twenty-five for her solicitors, for which execution may issue.

To the Honorable J. W. Stout, Chancellor, holding the Chancery Court for Sumner County, Tennessee at Gallatin:

Mrs. Tabbie Brizendine, a resident of Sumner County, Tennessee vs. J. M. Brizendine, a resident of Sumner County, Tennessee
Complainant would respectfully show to the Court:

I

That she and the defendant were married in Sumner County, Tennessee, in April, 1908, since which time they resided together as husband and wife until on or about September 12, 1921, and for the last eight or nine years in Sumner County, Tennessee.

II

That defendant has never provided for complainant as he should, especially failing to furnish her clothing, all of which she has been compelled to provide for herself with money earned by her, and on or about the 12th day of September, 1921, the defendant abandoned complainant, turned her out of doors and has failed, neglected and refused to provide for her since that date.  Defendant left complainant, did not ask her to accompany him, tell her where he was going, send for her or send her anything for her support after he left.  In fact, complainant has heard nothing directly from him since he abandoned her about six weeks ago, as aforesaid.

III

Complainant would show to the court that said abandonment of her by the defendant and his failure to provide for her has been wholly without fault on her part and she has endeavored to do her duty in every way as his wife and has been true to her marital vows.

IV

Complainant would show to the court that by deed dated November 15, 1920, and recorded in Book 88, page 218, of the Register's Office of Sumner County, Tennessee, John B. Swaney et al conveyed to her and the defendant a certain tract or parcel of land, described therein as situated in Sumner County, Tennessee, in the Third Civil District, town of Gallatin, fronting on Lyon St., and bounded as follows, (same description as above)  The consideration for the transfer of said land to complainant and defendant was Six Hundred and Fifty Dollars ($650.00), of which the sum of One Hundred and Fifty Dollars ($150.00) was paid in cash, and for the balance complainant and defendant executed their two notes of even date with said deed, one for One Hundred and Seventy-five Dollars ($175.00), due January 1, 1921, and one for Three Hundred and Twenty-five Dollars ($325.00) due November 15, 1921, both bearing interest from November 15, 1920, and secured by a lien on the property described in said deed.  The first of said notes, being the one due January 1, 1921, has been paid.  Nothing has been paid on the Three Hundred and Twenty-five Dollar ($325.00) note due November 15, 1921.

By mortgage dated April 18, 1921, and recorded in Book 34, page 567, complainant and defendant conveyed said property, subject to the encumbrance represented by said Three Hundred and Twenty-five Dollar ($325.00) note, to Mrs. Sallie Kirkpatrick to secure the payment of a note of even date therewith for Two Hundred and Seventy-five Dollars ($275.00), payable to the order of said Mrs. Sallie Kirkpatrick November 15, 1921, with interest from date, and providing for the payment of ten per cent attorney's fees if placed in the hands of an attorney at law for collection or sued on after maturity.  Nothing has been paid on said note.

Complainant would show to the court that said cash payment of One Hundred and Fifty Dollars ($150.00) on said land was furnished by her and that defendant has paid nothing whatever thereon.  Not only has he not paid anything on this property, but when he married complainant she owned about Six Hundred and Fifty Dollars ($650.00) worth of property, consisting of real estate, live stock and some money, practically all of which defendant reduced to his possession and disposed of for his benefit.  Complainant avers that she is entitled to have a decree vesting in her as alimony whatever interest, if any, defendant has in the above described real estate, their equity in which is all the property either complainant or defendant now owns.  Said property is worth very little, if any more than the encumbrances against it.

V

The premises seen and considered, complainant prays:
1st.  That process issue and be served on the defendant, requiring him to appear and answer this bill, but his oath to his answer is waived.

2nd.  That the bonds of matrimony existing between complainant and defendant be dissolved and annulled and that complainant be granted an absolute divorce from defendant, restored to all the rights of an unmarried woman, and that she have restored to her the name of Mrs. Tabbie Byrns, which was her name before she married defendant.

3rd.  That complainant be decreed as alimony whatever interest, if any, the defendant has in the real estate described in the foregoing bill, and that she be granted a decree against him for reasonable solicitor's fees, as well as the costs of this cause.

4th.  Grant to complainant such other general and special relief as the justice of her cause may demand.

Baskerville & McGlothlin
Solicitors for Complainant

State of Tennessee
Sumner County
Mrs. Tabbie Brizendine, being duly sworn, makes oath that the facts stated in her foregoing bill are true to the best of her knowledge and belief, and that her complaint is not made out of levity or by collusion with the defendant, but in sincerity and truth for the causes mentioned in the bill.
She further solemnly swears that on account of her poverty she is unable to bear the expenses of this suit, and that she is justly entitled to the redress sought to the best of her knowledge and belief.

Witness to mark:                                                Mrs. Tabbie (her mark) Brizendine
Elizabeth Doubleday

Sworn to and subscribed before me, this 26th day of October 1921.
Elizabeth Doubleday
Notary Public


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