Barren County KyArchives Divorce.....Huckaby (Ward), Eliza Ann - Huckaby, William December 3, 1859 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ky/kyfiles.html ************************************************ File contributed for use in USGenWeb Archives by: Jenna Snyder jennasnyder@comcast.net July 13, 2007, 6:24 pm Barren County Circuit Court Case # 2564 • DIV: 1859 , Barren, Kentucky, USA • Note: WILLIAM HUCKABY vs ELIZA ANN HUCKABY - Divorce Case No 2564 - Filed 5 June 1859 Barren County KY Circuit Court The Plaintiff WILLIAM HUCKABY states that he intermarried with the Defendant ELIZA ANN HUCKABY, his wife, near twenty four years ago, and has lived with her some years in peace and harmony, indeed he married her under fair prospects to live with her a happy life. He states he has treated her kindly and affectionately ever since their marriage, and has provided abundantly for her, not only the necessaries of life, but food and rainment, but that he has furnished her with as many of the luxuries of life as any man in the country could be reasonably expected to do in his circumstances. He states that she has , within the last two or three years, become so outrageous in temper, and intolerant towards him as never to give him a kind word, and that she has acquired for him a permanent hatred, so as to permanently destroy his peace and happiness. He states that some five months ago that she, without any cause, abandoned him, went off declaring that she would never live with him again. She remains separate from him, moved off all of her separate property, and then returned against his will, but still he felt it to be his duty as she was his wife and the mother of his children, to give her shelter and protection, food and rainment, which he has done, and tried to treat her kindly, but she has become more outrageous and violent than ever, and abuses him to their neighbors and expressed a with that the house would burn down over their heads. He avers that she has threatened to burn the house over their heads. He states that she never ceases to abuse him, and try to injure his reputation when ever she has an opportunity. He state that the cause of the divorce occurred within five years next before the institution of his suit. He states that such is the violence of her temper and such indominantable displays without interruption except when she is asleep, that his peace and happiness is permanently destroyed, and that it is impossible to live with her in peace, even at a sacrifice of all hopes of happiness. He states that he is afraid that she will execute her threat, and burn the house over their heads, or do him some other secret damage. Wherefore, he prays the court for a divorce from his wife ELIZABETH ANN, the Deft, and that a degree be rendered divorcing him and restoring him to all the rights and privileges of an un-married man, and he prays for all other proper relief. The Plaintiff, by way of amendment to his original bill states that the Deft ELIZA ANN HUCKABY abandoned him more that one year ago without cause and that she has refused to recognize him as a husband ever since she abandoned him as still abandons and refuses to recognize him as a husband. /s/ WILLIAM HUCKABY. NOTICE: Mrs. ELIZA ANN, take notice that on Thursday the 15th will attend at the dwelling home of Col WILLIAM ELLIS in Barren County, KY for the purpose of taking the deposition of JOSHUA HUCKABY and others, to be read as evidence in my behalf which I am plaintiff and you are Defendant, and will attend for day to day until completed, this 9th day of Sept 1859. DEPOSITION: The deposition of JOSHUA HUCKABY taken on this 14th day of September 1859, at the office of WILLIAM ELLIS, examiner for Barren County KY, to read the evidence in an action, ect. Question by Plaintiff: Are you not acquainted with the parties to this suit? Answer: I am 2nd question: Did you or not reside with me some time back, and if so how long since? Answer: I moved there in the fall of 1857 and left in the spring, I think April. 3rd question: Did or did not ELIZA ANN, wife of WM HUCKABY leave there while you resided with me? State what she said and did. Answer: She did leave your house while I resided at your house. She left in a two horse wagon. I have heard her say that she would go off and stay; she was not satisfied with him. HUCKABY. That she did not get the one she wanted. She stayed away about two weeks and then came back home, and appeared in very bad humor and said she was determined to have a separation, and I have heard her say on several occasions the WM HUCKABY, her husband, should never pay for the place he lived on. 4th question: Have you or not heard ELIZA A HUCKABY threaten to destroy things about the place, and give her husband very abuseful language, and her say on several occasions that she would burn up the buildings. Answer: I have heard her give him very abuseful language, and that often, generally every meal we ate. 5th question: Did she or not at the time you stated she went off in the wagon, take most of her clothes? State what she did take with her. Answer: She took all I think. She took a pretty good load. /s/ JOSHUA (X) HUCKABY, his mark. DEPOSITION of John J, Huckaby, taken the same time and place. 1st Quest by Plaintiff: Are you or not the son of the parties to this suit? Ans: Yes sir. 2nd Quest: Has or not your mother left your father? And if so, please state what she said and did about leaving. Ans: She has, and said she was going off to stay and not coming back, and said she never intended to live with father any more. I have heard her say that she never got the man she wanted at the start, and this she often said. 3rd Quest: Was or not her language to me generally abusive? Ans: Yes Sir, it was, she threatened to cut your throat with your razor. 4th Quest: Have you or not heard your mother say that I should never pay for that and that she would burn the buildings? Ans: I have heard her say it many times. 6th Quest: Have you or not heard her say that she was determined to have a separation? Ans: I have on several occasions, and would have it at the risk of her life. 7th Quest: Have you or not heard you mother say that me nor no other man should ever bed her again? Ans: She did. 8th Quest: Did your mother or not drive me from the bed and say I should never come to it anymore? Ans: She did 9th Quest: Did or not your mother take all the house plunder and go to her father's? Ans: She left twice. She went once and came back, and went again, the first time she left was in February last. /s/ J J Huckaby Deposition of Elizabeth Huckaby taken at the same time and place. 1st Quest by Plaintiff: Are you or not the daughter of the parties to this suit? Ans: I am. 2nd Quest: Have you heard the deposition of your brother J J Huckaby just read? Ans: I have and concur in all his statements fully. 3rd Quest: Have you or not saw me endeavor to reason with her and persuade her to do better, and how did she act? Ans: I have, and he would persuade her to do better. She would not listen to him, nor let talk to her. 4th Quest: Did you or not hear your mother make threats against me, and if so, what did she say? Ans: I have heard say she would cut your throat some night with your razor. /s/ Elizabeth(x) Huckaby (her mark) Deposition of William West taken at the law office of B. Lawless in the town of Glasgow on the 3rd day of December 1859. Quest by Plaintiff's Counsel: Please state all you know in the relation to the matters in controversy in this suit? Ans: I know that defendant has abandoned plaintiff for more than one year, and has been living apart for more than one year, refusing to live with him and recognize him as a husband since she abandoned him, which was last March a year ago. When her brothers took her away from her husband, to the neighborhood where she now lives. The cause of this divorce occurred in this state. The parties to this suit have been citizens of this state for more than one year, since they were married. /s/ William (X) West (his mark) Decree: Date not given - GBW Barren Equity Criminal Court - William Huckaby against Eliza Ann Huckaby - Divorce. This day this cause came on to be heard upon the petition and proof , and the court being sufficiently advised, it is ordered that decreed that the plaintiff, WILLIAM HUCKABY, be divorced from his wife ELIZA ANN HUCKABY, the defendant, and that he be restored to all the rights and privileges of an unmarried man. It is further adjudged that the Plaintiff pay the cost of this suit. Additional Comments: I have not been able to locate William Huckaby on the 1860 census. Maybe she made good with her threats. File at: http://files.usgwarchives.net/ky/barren/vitals/divorces/huckabyw4gdv.txt This file has been created by a form at http://www.genrecords.org/kyfiles/