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Mary Rogan vs. Wesley Rogan
1883

Source:  
Loose records:  #2084
TSL&A Microfilm # A5050

Transcribed by Jan J. Barnes
© 2008

Mary Rogan, Col'd.
vs  {Divorce and Injunction
Wesley Rogan, Col'd

Filed Aug 2nd 1883
Thos. H. King, Clk

To Hon. J. . Stark Judge etc. holding the Circuit Court at Gallatin,
Bill of complaint of Mary Rogan citizen of Sumner County, Tennessee against Wesley Rogan a citizen of said County and State.
Complainant states to your Honor that she and the Deft. were married in the County about three years ago and have lived together as husband and wife ever since.  She further shows your Honor that shortly after their marriage, the Deft. began to treat complainant in a most cruel and inhuman manner cursing and abusing her and frequently striking and beating her.  The occasion on which he has so treated her are too numerous to be mentioned in detail, he has used to-wards her the vilent and most offensive epithet, too indecent to be repeated.
Upon one occasion he drew a hatchet upon her cursed and abused her and threatened to kill her.
Upon another occasion, complainant went to look for her little child who was out in town at night.  Deft. got angry and struck her in the face with his fist.  Upon another occasion he became offended from some cause and slapped complainant in the face with his hand.
More recently he has struck complainant over the head with a hand saw, knocked her up against the gate, almost if not breaking one of her ribs, so that complainant has been unable to lie upon that side since that time.
At the same time he whipped her with a large peach tree switch, completely wearing it out on her.
On various other occasions far too numerous to mention he has treated her in a similar manner.  He has at various times recently threatened her with violence and she deems it unsafe for her to live with him.  A few days ago he was before the Mayor of Gallatin for whipping Compt. to which he pleaded guilty and paid the fine and cost saying at the time that he could afford to pay for it.
She further states that since their marriage he has wholly failed to provide for her the necessaries of life.  He is an inveterate gambler and would frequently take the money which Compt. had made by her own labor and gamble it off.
She further states that she is the owner of the house and lot in Gallatin which she bought and paid for before their marriage upon which they have lived since this marriage - since he was before the Mayor, as before stated, he has not staid at home but has been there several times and has moved off nearly all of the personal property, including a sewing machine, which had been purchased mostly with her own means, household and kitchen furniture, and even the wearing apparel of Compt.  A good deal of this he has taken off since Compt. has come up in town this morning to file this bill so that she is unable accurately to describe what he has taken.
The Defendant owns no property except one two horse wagon & harness and three horses and a growing crop on the lands of Joe Tomkins, Jr.
During the whole time during their married life, Compt. has made the Deft. a faithful obedient and industrious wife, but she feels that she cannot longer live with him and submit to his cruel and inhuman treatment.
They have no children.
Premise considered, Compt. asks leave to file this bill in your Honors Court, that process issue, that Deft. answer but not under oath.  She asks for writs of attachments, attaching the property herein described except the growing crop as she has reason to believe and does believe that he is about fraudulently to dispose of it if he has not already done so, that she is informed he has consulted with attorney for that purpose.  She asks also that the Deft. be enjoined from further removing any property off the premises if any is left, and that he also be required to return what has already been removed or that she be put in possession of them by the officer.
She also asks that pending this litigation she be put in possession of her house and lot and that Deft. be enjoined from in any wise interfering with or molesting her from such possession, this is the first application for writs of attachment and injunction.  She prays for general relief, she asks for a divorce from the bonds of matrimony and that she be returned to all the rights as a single woman.
She asks for suitable alimony.
State of Tennessee   }
Sumner County         }

This day came before me Mary Rogan and made oath that the facts stated in the foregoing bill are true, she further makes oath that owning to her poverty, she is unable to bear the expenses of or give security for the cost of this suit and she asks that process issue and the suit be prosecuted in frema panpisis?, that this complaint is not made out of levity or collusion with the Deft., but for the purpose herein alleged.

Mary (her mark) Rogan

Therein to and inscribed
before me Aug. 2nd 1883
Thos. H. King Clk.

To the clerk of the Circuit Court of Sumner County
The Complt. having taken this oath prescribed for poor persons, you will issue the writ of attachment & Injunction prayed for in the fore going petition.  The officer attaching said property will deliver the household & kitchen furniture & the wearing apparel of Complt and the sewing machine to the Complt. and hold the balance unless replaced? until the further order of the Circuit Court of Sumner County. The property directed to be restored to the Complt.  is not to be disposed of by her but will be held by her subject to the result of this litigation.
August the 2nd 1883

George E. Seay
Chancellor etc.


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