Hyde County, NC - Court - Christopher Flowers - Sarah Phipps Divorce ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 1. State of North Carolina Hyde County Superior Court of Law & Equity Spring Term 1833 To the Hon: the Judge of the Superior Court of Law and Equity of said County. The Petition of Christopher Flowers, humbly sheweth unto your Honor that about the month of May 1824, your Petitioner then being a Single man, intermarried with one Sarah Phipps a Single woman, and for sometimes thereafter they lived in a status of uninterrupted matrimonial bliss, and your Petitioner did hope that such a state of domestic happiness and concord would still continue to exist between them, but alas for the instability of subulnary things "the course of true love never runs smooth." Your Petitioner furthers shows that he intermarried to perform faithfully all the obligations which the married vows inforce upon him, and he is not conscious that he even gave his wife Sarah just reason to repent of having constituted (five words scratched through) to "take him better for worse." Your Petitioner further shows with your Honor that for some causes unknown to him, the affections of his wife Sarah became totally alienated from him, and about the 22nd day of December 1824, his said wife Sarah left his house, and abandoned him altogether, and has ever since remained separate and apart from him. Your Petitioner charges that she has been living in an adulterous state with one James Rigs, and vows it to be a fact that about the (left blank) day of (left blank) 18(left blank) she was delivered of a living child by the said James Rigs, or some person to your Petitioner unknown. Your Petitioner humbly prays that the premises being duly considered, your Honor will be pleased totally "to disolve the" matrimonial "bond which has connected them together'" and in consideration of the premises, declare to the world, that they should here forth and forever, like all the rest of fallen man in like cases complaining, "enemies in "matrimony," in single life _______ "friends; and that your Honor will grant unto him a divorce from the bonds of matrimony, and will make such orders and further order in the premises as may seem just and fit, and the exigencies of your Petitioner case may require, and your Petitioner as, is duly bound will ever pray. Signed/ J.W. Barrow Sol. for Petitioner The Petitioner Christopher Flowers maketh oath that the facts (setforth-scratched out) contained in the above Petition, are true to the best of his knowledge and belief, that the dais complaint is not made out of levity, or by collusion between him and his wife Sarah for the mere purpose of being separated and free from each other, but in sincerity and in truth for the causes set forth in the said Petition, and that the facts constituting the grounds of his complaint have existed to his knowledge more than six months before the filing of this Petition. Christopher C. Flowers (his X mark) Sworn to before me T. H. Selby?? The undersigned acknowledges them selves indebted to Talbot H. Selby, Clerk of Wyse Sup Court of Law in the sum of one hundred and ninety five dollars _____ the _____ and two payments of which they hereby bind themselves and their heirs. The conditions of the above is such that whereas the aforementioned Christopher Flowers hath petitioned in Wyse Sup Court of Law at Spring Term 1833 for a divorce from his wife Sarah Flowers late Sarah Phipps, now if the said Christopher shall well and truly prosecute his said petitions and shall _____ and truly pay such cash as may be decreed against him therein then this obligation to be void -- otherwise in full force. Signed sealed and delivered this 7th May 1833. Christopher C. Flowers (SEAL) (his X mark) (Illegible Signature) (SEAL) Signature (illegible) Oliver O'Neal (SEAL) No. 2 State of North Carolina Superior Court of Law and Equity Hyde County, Spring Term 1833. To the Hon, the Judge of the Superior Court of Law and Equity of Said County. The Petition of Christopher Flowers humbly sheweth unto your Honor that about the month of May 1824 your Petitioner then being a single man intermarried with one Sarah Phipps a Single woman and for sometime thereafter they lived in a State of uninterrupted matrimonial bliss, And your Petitioner did hope that Such a State of domestic happiness and Concord would continue to exist between them but alas for the instability of subliminary things the course of true love never runs smooth. Your Petitioner further shows that he endeavored to perform faithfully all the obligations which his married vow imposed upon him, and he is not conscious that he ever gave his wife Sarah just reasons to repent of having Consented to take him better for worse. Your Petitioner further shows unto your Hon that for some cause unknown to him the affections of his wife Sarah became totally aleniated from him, And about the 22nd day of December 1824 his Said Wife Sarah left his house and absented him altogether, And has ever since remained separate and apart from him. Your Petitioner charges that she has been living an adulterous state with one James Rigs, and vows it to be a fact that about the day (left blank) of (left blank) 18 (left blank), She was delivered of a living child by the said James Rigs, or some person to your petitioner unknown. Your Petitioner humbly prays that the premises being duly considered, your Hon will be pleased totally to dissolve the matrimonial bonds which have connected them together, and in consideration of the premises declare to the world that they shall hereafter & for ever, like all the rest of fallen man in like cases complaining enemies in matrimony, in single _______ friends that your Hon will grant unto him a divorce from the bonds of matrimony. And will make such other and further orders in the premises as may seem just and fit, and the exigencies of your Petitioners case may require, and your Petitioner as is duly bound will ever pray. Signed/ J.W. Barrow Sol. for Petitioner To the Sheriff of Craven County Greetings. You are hereby Commanded to serve Sarah Flowers with a copy of this foregoing Petition. And further to summons said Sarah Flowers personally be and appear before the Judge of the Superior Court of Law to be held for the County of Hyde at the Court House in Said County on the 6th Monday after the 4th Monday of September next to show cause if any she may have why the prayer of the Petitioner should not be granted. And further to do and receive what ever said Court shall order and decree in the premises herein fail not. (Illegible Signature [T.H. Lilly?]) of said court at office the 30th July and in the 57 year of our independence in the year of our Lord 1833. Signature [T.H. Selby??] Clerk of Hyde Sup No. 3. State of North Carolina To the Sheriff of Craven County Greetings. You are hereby Commanded to Summons Sarah Flowers (Alias Sarah Riggs) personally to be and appear before the Judge of the Superior Court of Law and Equity, to be held for the County of Hyde at the Court House in Swan Quarter on the Wednesday next after the 9th Monday after the 4th Monday in March next, then and there to answer and abide the ordering direction and decree of the Court upon the Petition of Christopher C. Flowers a correct copy of which is hereunto annexed. Herein fail not & have you then & there the ________. Witness Thos. H. Smith Clerk of our Said Court the Wednesday next after the 9th Monday after the 4th Monday in September and in the 73 Year of Our Independence A.D. 1848. Issued the 15th day of February 1849 Signed/ Thos. H. Smith C. of C. State of North Carolina To the Sheriff of Craven County Greetings. You are hereby Commanded to Summon Elijah Flowers personally to be and appear before the Judge of the Superior Court of Law and Equity, to be held for the County of Hyde on the Wednesday next after the 9th Monday after the 4th Monday in March next, to testify and the truth to say in behalf of the Plaintif, in a certain matter of Controversy in Said Court depending, wherein Christopher C. Flowers is Plaintif and Sarah Flowers, is defendant, and this you shall in no wise omit under the panalty of the law. Witness Thos. H. Smith Clerk of Said Court at Swan Quarter the Wednesday next after the 9th Monday after the 4th Monday in September A.D. 1848. Issued the 30th March 1849 Signed/ Thos. H. Smith C. of C. State of North Carolina To the Sheriff of Craven County Greetings. You are hereby Commanded to Summon Christopher Flowers Sen. and Sabra Styron, personally to be and appear before the Judge of the Superior Court of Law and Equity, to be held for the County of Hyde on the Wednesday next after the 9th Monday after the 4th Monday in March next, to testify and the truth to say in behalf of the Plaintif, in a certain matter of Controversy in Said Court depending, wherein Christopher C. Flowers is Plaintif and Sarah Flowers, is defendant, and this you shall in no wise omit under the panalty of the law. Witness Thos. H. Smith Clerk of Said Court at Swan Quarter the Wednesday next after the 9th Monday after the 4th Monday in September A.D. 1848. Issued the 30th March 1849 Signed/ Thos. H. Smith C. of C. No. 4. State of North Carolina Hyde County Superior Court of Law Spring Term 1848 To the Hon: the Judge of the Superior Court. The humble petition of Christopher C. Flowers of Said County humbly complaining herewith unto your Honor, that some time in or about the year 1822 your petitioner was married in Craven County North Carolina to Sarah Fipps, that said marriage took place late at night when your petitioner was in a state of intoxication, and was greatly imposed upon, but when he became sober, and learnt what had take place, he determined to endeavor to live with his wife, and hoped that he might be enabled to enjoy that happiness and felicity which usually attends the Married State, but in this most reasonable expectation, Your Petitioner was greatly disappointed for in a very few months after his marriage he found that his wife was corrupt in her disposition and inconstant in her habits. Your Petitioner then left his said wife, finding that he could not enjoy her Society and determined that he would have nothing more to do with her -- that his said wife immediately after he left her took up with one James Riggs and lived in open adultery with him, that She had two or more children by Said Riggs and continued to live in open adultery with him the Said Riggs until about the Year 1845, when she and the Said James Riggs were openly married and have since that time and do now live together as man and wife, that from the time your Petitioner discovered the evil and corrupt disposition of his wife, and that she had Criminal intercourse with the aforesaid James Riggs, Your Petitioner hath not admitted her to his Conjugal Society or embrace, that your Petitioner has resided in the County of Hyde, State of North Carolina more than three Years immediately preceding the exhibition of this his petition, And the facts set forth in his petition have existed to the knowledge of Your Petitioner, more than Six Months before the filing of the same, That the complaint of your petitioner is not made out of levity or by Collusion between your petitioner and his said wife, nor for the mere purpose of their being freed and separated from each other, but in Sincerity and truth for the causes above stated, - (blank) To the end therefore that the said Sarah Flours (alias) Sarah Riggs, may answer all and singular the premises, and that your petitioner may be divorced from the bonds of Matrimony, with the said Sarah and may have such other and further relief as his case may from time to time require. May it please your Honor to grant unto your Petitioner your writ of Subpoena, Commanding the said Sarah, to appear at the next term of your Hon. Court, and answer all and Singular the premises, and further to submit to abide by, and obey the further order, direction, and decree of your Hon. Court in the premises, And your petitions as is duty bond will ever pray. Signed/ F. R. Satterworth, Sol. for Petitioner State of North Carolina Hyde County The foregoing named Christopher C. Flowers maketh oath that the facts set forth in the foregoing petition are true to the best of his knowledge and belief, -- that the Said complaint is not made out of levity or Collusion with the Said Sarah Flowers (alias) Sarah Riggs or for the mere purpose of their being freed from each other, but in sincerity and truth for the causes before stated. That the facts forming the grounds of this Petition, have existed more than Six months, prior to the filing of this petition and that Complainant has resided in the State of North Carolina more than three Years, immediately preceding the filing of this petition. Signed/ C. C. Flowers Sworn to before me, Nathanial Beckwith? C & M. E. for the County of Hyde May 29th, 1848. No. 5 Christopher Flowers vs Sarah Flowers The following three are made up under the direction of the Court to be tried by a jury. 1. Whether Christopher C. Flowers was lawfully married to Sarah. 2. Whether the (defendant?) has been guilty of adultery with James Riggs. 3. Whether Petitioner has lived in this State 3 years before the filing of the petition. 4. Whether the (parts?) of her adultery (cited) to puts knowledge more than 6 months before the filing of the petition. And the following jury to wit (here insert their names or refer to them) impanelled and sworn to try the foregoing ____ and they find. 1. That Christopher C. Flowers was lawfully married to Sarah Flowers in 1822. 2. That since the said marriage the said Sarah Flowers has committed adultery with James Riggs. 3. That the petitioner had resided in this state more than 3 years before the filing of his petition. 4. That petitioner knew the fact of defendants, adultery more than 6 months before the filing of petitioner's petition. Wherefore it is considered by the Court that then for the causes set forth in his petition and found true by the jury of aforesaid the said Christopher C. Flowers be and he is divorced from the bonds of matrimony with the said Sarah Flowers and it is further considered that the petitioned pay the court. No. 6 (Undated) To the Honorable the Judge of the Superior Court of Law and Equity for the County of Hyde. The answers of Sarah Flowers defendant to the Petition of Christopher Flowers. This defendant reserving to herself many proper benefits of exception to the insufficiency of said Petition never the less for answers thereunto with. That this defendant peremptously [sic] denies that she never left the Petitioners hands or absconded from the Petitioner as in said Petition is most untruly set forth, but saith that when she intermarried with the Petitions she was living in her fathers house, that upon her intermarriage the said Petitioner became an inmate of the family, that the Petitioner and this Defendant there resided together until near Christmas in the year 1824, that the Petitioner then abandoned this defendant, took up with another mans wife whose husband he whipped and drove off with violence and is now as this Defendant is informed and believes actually living with the said woman in open adultery. This Defendant humbly prays therefore all the matters considered that the said Petition may be dismissed and this Defendant be discharged therefrom and that she many have her costs and judged to her for resisting this unjust Petition. Signed/ Wit: Gusban? for Def. No. 7 State of North Carolina Hyde County Superior Court of Law & Equity Spring Term 1848 To the Hon: the Judge of said Court. The humble petition of Christopher C. Flowers of said County humbly complaining herewith unto your Honor that some time in or about the year 1822 Your Petitioner was married in Craven County North Carolina to Sarah Fipps, that said marriage took place late at night, when your petitioner was in a state of intoxication, and was greatly imposed upon, but when he became sober, and learnt what had taken place he determined to endeavor to live with his wife, and hoped that he might be able to enjoy that happiness and felicity which usually attends the married state but in this most reasonable expectation, your petitioner, was greatly disappointed, for in a very few months after his marriage he found that his wife was corrupt in her disposition, and inconstant in her habits. Your petitioner then left his said wife finding that he could not enjoy her society and determined that he would have nothing more to do with her -- that his said wife immediately after he left her, took up with one James Rigs, and live in open adultery with him, that she had two or more children by said Riggs and continued to live in open adultery with him the said Riggs until about the year 1845, when she and the said James Riggs were openly married and have since that time and to now live together as man and wife, that thru the time your petitioner discovered the evil and corrupt disposition of his wife, and that she has criminal intercourse with the aforesaid James Riggs, your petitioner hath not admitted her to his conjugal society or embraces, that your petitioner has resided in the County of Hyde State of North Carolina more than three years in moderately preceding this exhibition of his petition and the facts set forth in his petition have existed to the knowledge of your petitioner more than six months before the filing of the same, that the complaint of your petitioner is not made out of levity or by Collusion between your petitioner and his said wife, for the mere purpose of their being freed and separated from each other, but in sincerity and truth for the causes above stated. To the end therefore that the said Sarah Flours (alias) Sarah Riggs, may answer all and singular the premises, and that your petitioner may be divorced from the bonds of Matrimony with the said Sarah, and may have such other and further relief as his case may from time to time require. May it please your Honor to grant unto your petitioner, your wit of subpoena demanding the said Sarah, to appear at the next term of your Hon. Court, and further to submit to, abide by and obey the further order, direction and decree of your Hon. Court in the previous and your petitioner as is duty bound will ever pray. Signed/ J. B. Sartuthwach?, Sol. for Pet. (The following is almost a repeat of the attachment to No. 4) State of North Carolina Hyde County The foregoing named Christopher C. Flowers maketh oath that the facts set forth in the foregoing petition are true to the best of his knowledge and belief, -- that the Said complaint is not made out of levity or by Collusion with the Said Sarah Flour (alias) Sarah Riggs or for the mere purpose of their being freed from each other, but in sincerity and truth for the causes before stated. That the facts forming the grounds of this Petition, have existed more than six months, prior to the filing of this petition and that Complainant has resided in the State of North Carolina more than three Years, immediately preceding the filing of this petition. Signed/ C. C. Flowers Sworn to before me, Nathaniel Beckwith? C & M. E. for the County of Hyde May 29th, 1848. No. 8 Mr. James Handly Jim - Please to give notice to the Securitys of Christopher Flowers that they will be chargeable for the maintenance of the child for Christopher Flowers has not performed agreeable to the Bond and you will oblige, yours. /s/ Robert Phipps Please to send the notice down by Wm Leucy? November 6th, 1824 No. 9 Mr. Stah? at insistance of Vally Phipps -- Christopher Flowers, Bartt? defind (defendant) recoganizes crs referenced to 6th but he married the girl & re(garding)? proceeding we had -- he has deserted? the mother & child and it is now determined that he sh(ould) give the bond for charged with the maintenance to be pd, not - to the mother, his wife, but to Rob Phipps her father who maintains the child. _______ _____ on the recognizance? , to bring Flowers to Court, _____ at Hyde & note on the _____ that Flowers recides on Hatteras? No. 10 Hyde County BE IT remembered that on the 2nd day of August 1825 before me Henry Gibbs, Sheriff of Hyde County aforesaid, personally were Christopher Flowers and Pharrow Farrow his securities, who acknowledged themselves bound to the State of North Carolina, in the sum of Three Hundred pounds, current money, that is to say the said Christopher Flowers in the sum of One Hundred Pounds and the said Pharrow Farrow in the sum of Two Hundred Pounds, current money to be levied of their respective goods and chattels, lands and renements to the use of the said State: to be void nevertheless if Christopher Flowers shall make his personal appearance before the Justice of the Court of Pleas, S. quarter ______ to be held at the Court House in Newbern on the Second Monday of August next for the County of Craven, then and there to answer the State upon a charge of begetting a Bastard child upon the Body of Sally Phipps which is likely to become chargeable to this County and not depart from said County without leave first had and obtained. /s/ Henry Gibbs, Sheriff No. 11A State of North Carolina Craven County Whereas Saraph Phipps of said Craven County, single woman hath been Delivered of a Child which Child is a Bastard and Likely to become Chargeable to the County and the said Sarah hath appeared before Reding Shipp? & E. Patrick? two of the Justices of the Peace for said County this 28th day of June in the year of our Lord 1821, who saith upon oath that Christopher Flowers Junior said County is the father of the said Child. her Sarah X Phipps mark Taken before & Signed the day & year above written R. Shipp J.P. E. Patrick J.P. No. 11B State of North Carolina Craven County To any Constable of said County. Whereas upon the examination of Sarah Phipps single Woman this day taken afore and before wts appears that she had been Delivered, which Child is a Bastard and may become chargeable to the County and she the said Sarah Phipps hath confided that Christopher Flowers Jnr of the said County did beget the said Child and hath Charged him with the same, herein and therefore to Command you to apprehend the said Christopher Flowers and Bring him before us or any two Justices of the Peace for the said County to Answer the said Charge. Given under our hands and seals this 28th day of June in the year of Our Lord 1821. R. Shipp J.P. SEAL E. Patrick J.P. SEAL No.12 State of North Carolina Craven County Be it remembered? that on the 29th day of June 1821, Christopher Flowers - Zion Flowers and Tho Harper -- all of the State and County aforesaid came before us Elham Patrick and Redaing Shipp two of the Justices of the said County and ______ acknowledged Themselves to owe to the state of North Carolina that is to say the said Christopher Flowers one hundred pounds and the said Zion Flowers and Tho Harper - fifty pounds each to be _______ levied on their land, and tenement goods & Chattles of the said Christopher Flowers shall make ___fault in the performance of the Conditions under stated? E. Patrick J.P. SEAL Redaing Shipp J.P. SEAL The Conditions of this recognizance is such whereas the above bounded Christopher Flowers is charged by Sally Phipps single woman of said County that he is the Father of a Child of which She has been delivered which Child is a Bastard & therefore the said Christopher Flowers shall personally appear before the Justices of the Court of _________ and quarter supreme? to be held for the aforesaid County of Craven as the Court House in Newbern- on the second Monday in September then and there to abide by and perform? what shall there be enjoined him by the said Court concerning the above premises then the above order recognizance shall be Void ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Larry Flowers - larryflowers@mindspring.com ___________________________________________________________________