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Charlotte Massey
vs
Joseph Massey
1871

Source:  
Loose records:  #1660
TSL&A Microfilm # A5046

Transcribed by Sheila J. Smith
© 2012

To the Hon. Chas. G. Smith Chancellor presiding at Gallatin, Tenn.
The bill of complaint of Charlotte Massey a citizen of Sumner County
                                  vs.
Joseph Massey a citizen of said county
Compt. would show to your Honor that she and the defendant were married in the county of Simpson, KY on the 16th of January 1870. Compt. would further show that she was at the time of her marriage a citizen of Tennessee and immediately after their marriage they returned to the state of Tennessee to the home of compt. Compt. would show that she is the owner of a life estate in forty acres of land in this county and some little personal property. The defendant owns nothing and did not at the time of this marriage with the compt. but has lived upon the estate of compt. ever since. They have lived together very unhappily since their marriage. The defendant has wholly neglected to provide for compt & compt. feels safe in asserting that in the 14 months they have been married the defendant has not furnished her with $5 worth of provisions & clothing. The defendant has wholly neglected to provide for compt., but on the contrary compt. has provided for herself & husband by her own labor & exertions. Compt. will show that the conduct of her husband has been of such cruel & inhuman character as to render it unsafe & improper for her to cohabit with him or be under his control. Compt. is afraid of him in consequence of his threats. The defendant has offered such indignities to compt. as to force her to withdraw and render her condition intolerable. Compt. would further show that the defendant is nearly always under the influence of liquors & is a habitual drunkard and is very indolent & takes no interest in home affairs, relying upon compt. to do it all. The compt. has had to provide for them both ever since marriage. The only personal property that the compt. owns is one horse, one wagon, one sow & 4 pigs, 5 sheep, 2 milk cows, household and kitchen furniture and one buggy. All this compt. owned at the time of her marriage with defendant. Compt's name before her marriage with the defendant was Charlotte Bols, the name of her first husband. The previous considered compt. asks to file this bill in this Hon. court, let the defendant be made a party, let process for him to answer issue and upon the hearing of the cause, decree compt. a divorce from the defendant and dissolve the bonds of matrimony now subsisting, also restore compt. to the name of her first husband Bols, also the personal property that she has now in possession, that at the marriage belonged to her. Grant all other general & necessary relief.
M. S. Elkin, Sol.

State of Tenn.    }
Sumner County  }  Charlotte Massey
the petitioner in the foregoing bill makes oath before T. E. Russwurm Clerk of the Circuit Court of Sumner that the facts therein stated are true to the best of her knowledge and belief, that her compt. is not made out of levity, or colllusion with the defendant but in sincerity and truth for the cause mentioned in the bill & hereto subscribed name in my presence this 13th March 1871.


Charlotte (her mark) Massey

T. E. S. Russwurm
Clerk Circuit Court
I acknowledge myself compts. security for costs in this cause.
M. L. More

*Written in the margin of page 3:  Compt. having given the defendant a portion of her property when she left him, not feeling willing to deprive him entirely of a subsistence.

Charlotte Massey  }
        vs.
Joseph Massey     }  Be it remembered that this cause came on for further hearing before his Honor Chancellor Smith upon this the 28th day of April 1871 upon the pleadings, pro confesso, and proof in the cause and it appearing to the court that the compt. and defendant intermarried on the 16th of January 1870, and it further appearing to the court that the defendant has wholly neglected and refused to provide for the compt. and that she has had to do the same for herself and that the defendant is an intemperate, more to the use of strong drink and would spend all the money he could get hold for whiskey and it further appearing to the court that the defendant is an intemperate, more addicted to the use of strong drink and would spend all the money he could get hold for whiskey and it further appearing to the court that the defendent has abandoned the home of compt. & gone to Ky., and that the compt. is a very industrious woman and has had to provide for herself since her marriage with the defendant. The court is therefore pleased to order adjudge and degree that the bonds of matrimony now subsisting between the compt. and defendant be dissolved and for nothing held and that the compt. be restored to the name of her former husband Charlotte Bols and that the property of the couple set out in her bill be decreed her as alimony in this cause and that the defendant pay the costs of this cause for which execution may issue.


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