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Alice M. Hyatt
Vs.
Fred J. Hyatt, 1892
Divorce

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 # 3482

Alice M. Hyatt vs. Fred J. Hyatt }  Divorce
Be it remembered that this cause came on to be heard, and was heard, on this, the 10th day of June 1892, before Chancellor W. S. Bearden sitting by interchange according to law with Chancellor Geo. E. Seay, upon the bill of complainant, the proconfesso heretofore taken in the cause against the defendant, and the testimony and proof in the cause examined in Court, when it being made to appear to the satisfaction of the Court by proper and competent evidence, that the Complainant Alice M. Hyatt was married to the defendant, Fred J. Hyatt in St. Louis County, in the state of Missouri, on, or about the 30th day of April, 1879, and that since said date, and after their said marriage, the defendant has contracted the habit of drunkenness; and that he has refused and neglected to provide for her and their child; and that he has willfully and maliciously deserted Complainant; and it appearing that, the complainant, on account of the habitual drunkenness of the defendant, and his desertion, and failure to provide for her, was forced to seek a home and assistance with friends and relatives in this state, and that she removed to this state in January, 1885, where she has resided ever since, and for more than two years next preceding the filing of her said bill in this cause - it is therefore, ordered, adjudged and decreed that the bonds of matrimony subsisting between the Complainant, Alice M. Hyatt and the defendant, Fred J. Hyatt, be and the same are hereby dissolved, and the said Alice M. Hyatt is hereby restored to and clothed with all the rights of an unmarried woman.  And it further appearing that a girl child, now about ten years old, whose name is Edna, was born to the said Alice M., and Fred J. Hyatt, and that she is living with said Alice M. Hyatt, and it further appearing the the said Alice M. Hyatt is a proper person to have the care and custody of said child, Edna, and that the defendant, Fred J. Hyatt is not a proper person to have the care and custody of said child, it is therefore ordered, adjudged and decreed that the complt. Alice M. Hyatt shall take and keep, and have the care, custody and control of said child, Edna.
It is further ordered, adjudged, and decreed that the defendant, Fred J. Hyatt pay the costs of this cause - for which execution shall issue as at law.

On motion for proconfesso against the defendant, made by Complainant's attorney in open court on this the 9th day of June, 1892, before Chancellor, W. S. Bearden, sitting by interchange with Chancellor Seay, when, it appearing to the court, that, publication as required by law in such cases has been made in the "Tennessean", a news-paper published in the town of Gallatin, Sumner County, Tennessee for more than four weeks for the defendant, Fred J. Hyatt, who is non-resident of the state of Tennessee, to appear within the first three days of this, the June Term 1892 of this Court and plead, answer, or demur to Complainant's bill, within said time; and it appearing that said Fred J. Hyatt has failed to plead, answer, or demur to Complainants bill within the time required by law, it is therefore ordered, adjudged, and decreed that the allegations of Complainant's bill be and the same are hereby taken for confessed against said fred J. Hyatt and said cause is set for hearing exparte as to him.

To the Hon. Geo. E. Seay, Chancellor of the 8th Chancery division of the state of Tennessee, holding the Chancery Court at Gallatin, for Sumner County, Tennessee
The bill of complaint of Alice M. Hyatt, a citizen of Sumner County, Tennessee, filed in the Chancery Court at Gallatin, Tennessee against Fred J. Hyatt, who is a non-resident of the state of Tennessee.
Humbly complaining, your oratrix would show that she and the defendant, Fred J. Hyatt were married, on the 30th day of April, 1879, in the County of St. Louis, in the state of Missouri; that, when they married the defendant was engaged in the business of farming, and was sober, moral and industrious; he continued in the business of farming until about 1881 when he engaged in the family grocery business for a short while, and about this time contracted the habit of drinking alcoholic liquors to excess, and from that time became and continued to be an habitual drunkard; this habit was contracted by the defendant after their marriage.  Since 1882, the defendant has engaged in no regular business, but has led a wandering and dissolute life, and since then has abandoned her, and their child, and has refused and neglected to provide for her and their child.  She would show that what estate she had was squandered by the defendant, and that since 1882, she has been wholly dependent upon her mother and other relatives for shelter and support for herself and child; she would show that in January, 1885, she came to Tennessee to live with her mother and sister, who were living here, because the defendant was engaged in no business, and was leading the life of an habitual drunkard, and was providing no support for her and her child; she was compelled by his conduct and his failure and refusal to provide for and their child, to seek a home and means of support with her relatives in Tennessee; she has resided in Sumner County, Tennessee, since about January 1st 1885.  She would further show that one child, a girl, now about ten years old was born to defendant and her; this child has lived with her all the time, and the defendant has contributed nothing to the support of said child, except the sum of $40.00 sent to Complainant about five years ago; nor has he visited said child and complainant since their coming to Tennessee in 1885, and he has not written to her only occasionally, and has failed to write to her for the past ten years or more; some month or more ago, she wrote to him asking him to meet her with a view to getting him to render some aid in the support of their child, but he responded in an abrupt, querulous manner and failed to remit any money.  The defendant has willfully and maliciously deserted and absented himself from Complainant, without reasonable cause for more than two whole years.  Complainant gave no cause to defendant for this treatment - she has been faithful to her marital vows, and ever conducted herself toward him as a faithful wife, and his unjust and unwarranted treatment of her have rendered her condition intolerable.  The defendant does not reside in the state of Tennessee; the last time she heard of his whereabouts he was in the state of Georgia.
The premises considered, she files this bill, and asks that Fred J. Hyatt be made defendant thereto; that publication as required by law for non-resident defendants be made for him, and not under oath, his oath being waived; and in the hearing that your Honor by proper decree grant her a divorce from the bonds of matrimony now subsisting between her and the defendant, and that the custody of their child, Edna, be decreed to her.  She asks for general and special relief, such as her case may demand.
Jas. W. Blackmore
Solr. for Complt.

State of Tennessee   }
Sumner County         }  Personally came Alice M. Hyatt before me, who being duly sworn according to law, says that the facts stated in the foregoing bill are true, to the best of her knowledge and belief; and that the complaint is not made out of levity, or collusion with the defendant, but in sincerity and truth, and for the causes mentioned in the bill.
Sworn to, and subscribed before me, this, the 19th day of April, 1892.
Alice M. Hyatt
Wm. L. Robb C & M
I am complainant's security for the costs of this cause.
Mrs. Ida Tomkins  


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