Divorces of Stanly County

Submitted by L Henderson

 

 

Andrew Troutman (Plaintiff) vs. Catharine Troutman (Defendant)

Fall Term [No year on this petition, but the file folder at the NC Archives said 1854.]

Equity Court

To the Honorable the Judge of the Court of Equity of said County, the Petition of Andrew Troutman of said County, against Catharine Troutman, humbly complaining, your petitioner sheweth unto your Honor that he and the defendant Catharine intermarried, ["in said state" crossed out] about fourteen years ago in said State where they then resided and where they have since resided up to the time of filing this petition - He shews your Honor that he lived happily with his wife untill about the first of August last more than six months prior to the filing of this petition - That on or about the said first of August his wife Catharine committed adultery by having criminal connection with one John Bennet, a free person of color - Petitioner has been informed since his discovery of his wife s infidelity at the time aforesaid, and beleives that his wife and John Bennet had previous to that time frequent carnal intercourse with each other -

Petitioner shews your Honor that he has been always faithful to his marriage vow, and has always treated his wife with kindness and affection, and provided a comfortable subsistence for herself and family - He further shews that since his discovery of his wife s infidelity he has not admitted her to his conjugal embraces -

Your petitioner shews your Honor that he is remedilep [?] by the strict rules of common law, and his complaint is only releivable in a court of Equity where matters of this nature are properly re-leivable - To [?] the end therefore that the said Catharine Troutman may well truly answer the matter  things in this petition contained May it please your Honor to grant unto your orator the States writ of Subpoena commanding the said defendant, Catharine Troutman to appear at the next Term of this court and answer the allegations about set forth. And Petitioner prays your Honor to grant unto a divorce from the bonds of matrimoney from his said wife and for such other  further releive as the nature of his case may require or use to your Honor may seem meet right  your petitioner as in duty bound will ever pray

Caldwell for Petitioner

This case coming on to be heard upon the petition, and  the finding of the jury upon the issues submitted to them, it is declared by the Court that Catharine Troutman did separate herself from her husband Andrew Troutman and live in adulterous connexion with John Bennett, six months prior to the filing of this petition, that Andrew Troutman did not receive her into his conjugal embraces after a knowledge of her infidelity and that he has not been guilty of a similar offence; that said Andrew  Catharine intermarried in the State of North Carolina  resided here three years previous to the bringing of this suit It is accordingly ordered decreed and adjudged by the court that the marriage between Andrew and Catherine Troutman be dissolved and that Andrew Troutman be divorced from the bonds of matrimoney with said Catherine it is further ordered that Andrew Troutman pay the costs of this suit and that this decree be enrolled


Elisha Huneycutt (Plaintiff) vs. Sarah Huneycutt (Defendant)

Spring Term 1874

Superior Court

1. Your Petitioner Elisha Huneycutt humbly complaining would represent and shew to the court that he has been a resident of North Carolina for more than fifty years that he was born and raised in the county of stanly and is now a resident thereof

2 That in on the day of February 1869 he was married to the defendent Sarah (who was then Sarah Morton) that he has ever since conducted himself towards the said defendent as a faithful ["and obedient" - crossed out] husband providing for her comfort and faithfully discharging his duties as a husband -

3. That the defendent disregarding her duties as a wife has wilfully abandoned him since february 1871- and refuses to live with him. without any caues or justification therefor so for as plantiff is concerned

4th That he believes that she has committed adultery with one Solomon Buorus [?] and continues so to do

5h That she had while living with him one one child named James age three years

6. the Plaintiff prays that he may be divorced from the said Sarah ["Mary" crossed out] and that the custody of said child may be decreed to him and that he may have such further and other relief as Equity may require

A. J. Durgan  Plaintiff attorney

Elisha Huneycutt the plantiff makes oath that the facts set forth as above are true of his own knowledge and those from information he believes true and that that this complaint is not made out of levity or collusion with defendent for the purpose of being freed from the bonds of matrimony but in truth for the causes above set forth .

Sworn to and subscribed  before me Sept. 25th 1873

Elisha (his mark) Huneycutt

J. M. Redwine

Elisha Huneycutt further makes oath that he has not  Hundred dollars worth of personal property and is unable to give the Bond required by act of assembly and pray to sue as a pauper sworn to and subscribed before me Sept. 25th 1873

Elisha (his mark) Huneycutt

J. M. Redwine cpc

I A J. Dargan a practicing attorney of this court do hereby certify that the Plaintiff has a good cause of action

A. J. Dargan aty

Pltff has leave to sue in forma pauperis - the Clerk wil require no Bond for cost

R. P. Buxton, Judge   25th Sept 1873


Aaron Springer (Plaintiff) vs. Mary Springer (Defendant)

Fall Term 1874

Superior Court

The Plaintiff alleges + complains:

1st That on or about the ___day of ______, 1859, at and in the county of Stanly and State of North Carolina, he was lawfully married to the defendant Mary Springer that Plaintiff and defendant lived together as man and wife, till Plaintiff was conscripted and carried to the army, in the year 1863, and that Plaintiff conducted himself to Defendant in all respects as a dutiful and affectionate husband.

2nd That Plaintiff returned home on a furlough in the month of August 1864 and found to his great surprise and grief that the Defendant was pregnant with child, begotten by some person to the plaintiff unknown, that Plaintiff had been absent, under the Compulsory laws of the Confederate States, for about seventeen months, and had not seen or had any connexion whatever with defendant. That Plaintiff when he was carried to the army left ample supplies and comforts for defendant. - That plaintiff was informed and believes, that during his absence in the army, that defendant was guilty of ^illicit^ intercourse with divers men, and established the character of being a common prostitute. That Plaintiff separated from Deft. and left her in possession of Plaintiffs house, and necessary household and kitchen furniture That Plaintiff and defendant remained separate and apart. until sometime in the year 1868, when upon the solemn promise of Defendant that she would cease all unfaithful conduct to Plaintiff and would be in the future, an affectionate dutiful and faithful wife. that Plaintiff ["lived received Defendant back as his wife"[crossed out] went to defendant's home and lived with her as his wife for about ten days -

That Defendant again proved false to her promises and unfaithful to Plaintiff, and Plaintiff becoming satisfied that Defendant was cohabiting as Plaintiff was informed believes with one Rufus Whitley, Cicero Robins others. That Plaintiff again separated from defendant, and has not had any connexion, or intercourse with Defendant, since the last mentioned separation and has not admitted her to his bed or conjugol embraces.

3rd That Deft since the separation has had sexual intercourse with Dr. Solomon Furr. one Frankin Smith (col) and many other evil disposed men. and now has the character of a Common prostitute.

4th That Plaintiff and defendant have resided in Stanly County and state of North Carolina for more than three years preceding the commuement [?] of this action - That the facts set forth above have existed to his knowledge for more than six months preier [?] to the commencement of this action That Plaintiff did not allow of his wife's defts' prostitution nor expose her to lewd company and has not himself been guilty of adultery with any female and has in all respects conducted himself in strict conformity with his marital vows, and duty ["and that the facts set forth above have not been" - crossed out]

Wherfore Plaintiff demands jugment that he be divorced from the bonds of matri mony with the defendant. Mary Springer and for such other relief as he may be entitled to.

[?] atty for Plaintiff

Aaron Springer being duly sworn states that the facts set forth in the foregoing complaint of his own knowlege are  true and those not so set forth he believes to be true. and that the said complaint is not made of out of levity or collusion with Deft nor for the mere purpose of being freid and separated from Deft. Mary Springer, but in sincerity for the causes mentioned in the complaint sworn to + subscribed

before me the 26th July 1872 Aaron Springer (signed)

J. M. Redwine cpc

Fall Term 1874

This cause coming on to be heard upon the issues submitted to the Jury who find that the defendant Mary Springer Guilty of adultery as charged in complaint.

It is therefore ordered adjudged and decreed by the court that the Bonds of martrimony Heretofore solemnized betwen the Plaintiff Aaron Springer and Mary Springer be dissolved and that the Plantiff be restored to his rights as a single man.

And it is further ordered and decreed by the Court that this decree be Enrolled and that the Plaintiff pay costs.

Sepember 26th 1874

R. P. Buxton

Judge 5th District

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