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Robert Desha
vs.
Eleanor Desha
Bill for Divorce, 1833

Source:  
Sumner County Chancery Court, Vol A - C
Nov. 1826 - Apr. 1844
TSL&A Microfilm # 23

Transcribed by Jan J. Barnes
© 2009

Page 964
To the Honorable Thomas Stuart Esqr.  Judge etc.
Your petitioner Robert Desha a citizen of Sumner County & State of Tennessee humbly complaining begs leave to represent unto your Honor that on the (left blank) day of (left blank) 1815 he intermarried in said county & State with a certain Eleanor Shelby with whom he lived in the county and state aforesaid as his wife until the (left blank) day of January 1833 & by whom he had eight children.  Petitioner would show that said Eleanor did - regarding her matrimonial vow was in the spring of 1831 guilty of
Page 965
adultery with a certain John W. Bunton which improper or adulterous connection was probably continued for some time which however did not come to the knowledge of Petitioner until the (left blank) day of January 1833 from which time Petitioner ceased to cohabit with the said Eleanor as his wife & has separated from her.  Petitioner prays that said Eleanor Desha now of the State of Missouri may be made defendant to this Petition & that she be compelled upon her corporal oath true direct & perfect answer to make to all & singular the matters & things contained in this Petition in as full & ample a manner as if the same were here again repeated & she thereunto more particularly interrogated.  And that by a decree of this court the Bonds of Matrimony existing between Petitioner & said Eleanor Desha be cancelled & set aside & that he have such other & further relief as the nature of the case shall require etc. your Honor shall seem meet.  May it please your Honor to grant him a writ of subpoena etc. etc. & in duty bound will ever pray etc.
                                                                                                                                Frost & Turner, Atty.

State of Tennessee   This day personally appeared before me
Sumner County   
     James L. McKoin an acting Justice of the
                                  Peace for the county & state aforesaid Robert
 Affidavit   }     Desha the within named Petitioner & made oath that
                        the matters & things stated in the petition of his own
knowledge are true & that said complaint is not made out of levity or by collusion between him & the said Eleanor Desha & for the mere purpose of being free & separated from each other but in sincerity & truth for the causes mentioned in said Petition.  Subscribed & sworn to before
me this 2nd of March 1833.                                                                                 Robert Desha
Test Jas. L. McKoin J. P.
It appearing to the satisfaction of the court that previous to last court the defendant acknowledged service of the spas.? & copy of petition wherefore it is ordered by the court upon motion of compt. that this cause beset for hearing exparte & be heard at the present Term of the Court.  And on application of complainant it is ordered by the Court that a Jury be impanelled at the present Term of the Court to ascertain & find the fact whether or not the defendant Eleanor Desha is guilty of Adultery as is alleged by Petitioner in this cause.

Verdict
This day came the parties by their attornies & also a Jury of good & lawful men to wit  Samuel H. Lauderdale Bartholomew Watkins Daniel Latimore James Kirkpatrick William Smith John Elwrath Joel Parrish Christopher Kitring George R. Dismukes William Walton Paschal Head & Charles Watkins who being elected tried & sworn the truth to speak upon the issue aforesaid upon their oath do say that the defendant Eleanor is guilty of Adultery as charged in the Petition.
Page 966
Be it remembered that this cause came on to be finally heard this 3rd day of October 1833 before the Honorable Thomas Stuart Judge etc. upon the petition taken for confessed & the finding of the Jury which has been empannelled to try the issue made up in this cause which Jury found the defendant Eleanor Desha to have been guilty of Adultery with John W. Bunton as alleged by said Robert Desha in his Petition.  And it appearing to the Court that Petitioner Robert Desha is and was  a citizen of the State of Tennessee & county of Sumner as required by the Act of Assembly in such cases.  And the same being  & decreed by the court that the Bonds of Matrimony existing between the said Robert Desha and Eleanor Desha be dissolved & that the said Robert Desha be absolutely divorced from the said Eleanor Desha - It further ordered that Robert Desha pay the costs of this suit & that fi fa issue for the same as at term.


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