Simpson County Court Records
Jan J. Barnes
Simpson County Circuit Court Records, #750
Commonwealth of Kentucky
H. McDowell vs M. McDowell alias Cardwell
Febr 23rd 1850
To the Sheriff of Simpson County - Greeting.
We command you to summon Margaret McDowell Alias Cardwell to appear before the Judge of our circuit court for Simpson County, at the court house on the 1st day of our next May term, to answer a bill in Chancery in said court, exhibited against her by Henry McDowell and this you shall in no wise omit under the penalty of 100. And have then there this writ. Witness, P. H. Beeisseau? Clerk of our said circuit court, at the court house aforesaid, this 23rd day of February 1850 and in the 58 year of the Commonwealth.
To the Honorable the Judge of the Simpson Circuit Court in Chancery Sitting, Your Petitioner Henry McDowell unto your Honorable Court would respectfully represent that in August 1845 he intermarried with an Margaret Hinton - That your Petitioner and the sd. Margaret lived together as husband & wife about 6 or 8 months thereafter, when a difficulty having arisen between them in consequence of the misconduct of the sd. Margaret & finding that they could not live together in peace & harmony, they agreed to separate & live apart and they accordingly separated and have not since lived together as man & wife - Your petitioner avers? and charges that the sd. separation did not take place in consequence of any fault or misconduct in any way of his but was entirely the fault of the sd. Margaret and the sd. Margaret left your petitioner without any just cause on his part therefore although it was the understanding between them that as they could not live together in peace, they would live apart - your petitioner further states that in the year 1847 in July to the best of his recollection the sd. Margaret without having obtained a divorce from your Petitioner in any way discharged the marriage relation existing between the sd. Margaret & your Petitioner married an Thomas Cardwell with whom she has lived and cohabited ever since and by whom since sd. pretended marriage she has had one child - Your Petitioner further states that sd. Margaret has entirely ______ the marriage relation that existed between yr. petitioner and the sd. Margaret and that sd. Cardwell & sd. Margaret are now & have been ever since July 1847 living & cohabiting together as husband & wife - yr. petitioner makes the sd. Margaret McDowell alias Margaret Cardwell Deft. to this Bill - in tireless consideration of the premise therefore & in the end that justice may be done in the case & inasmuch as yr. petitioner is without remedy save in yr Hon. Court he pray the Commonwealth visit of subpoena do issue commanding etc. directed etc. that the sd. Margaret be required to answer an oath the allegations herein contained. And upon hearing he prays that by de? of yr. Hon. Court the marriage relations existing between yr. petitioner & the sd. Margaret so far as yr. petitioner is concerned may be dissolved & that yr. petitioner may be released from all the obligations & liabilities arising thereupon & be fully & finally divorced from sd. Margaret & bestowed to all the privileges & immunities of an unmarried person. He prays for all relief general & special which to equity belongs as in duty bound he will ever pray &c.
Green for Compts.
McDowell vs. McDowell alias etc. This day this cause coming an to be heard on the Bill service of process answer etc & the court being sufficiently advised in the premises orders and decrees that Complainant be divorced from Deft. Margaret. That the marriage relation heretofore existing between them be dissolved and complainant be restored to all the rights privileges and immunities of an unmarried person and that he be released from all liability to Deft Margaret in any way arising out of the marriage relations heretofore existing between them.
This 7th day of Nov ____ 1850