Muskingum County OhArchives Court.....Roberts, Cleophas July 12, 1922 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: randall martin rmartin11@woh.rr.com August 3, 2012, 9:55 pm Source: Common Pleas Court Written: July 12, 1922 CASE# 19459 common pleas court, muskingum county,ohio filed 7/12/1922 Cleophas Roberts, Plaintiff Myrtle Roberts, Defendant. Plaintiff is a bona fide resident of the State of Ohio and of Muskingum County and has been such a resident of the state of Ohio for more than one year last past and of the county for more than thirty days last past. Plaintiff and defendant were married on the 15th day of August, 1897. There is one child living issue of said marriage, to-wit: Grace P. Roberts, aged twenty- four years. Plaintiff has at all times performed his marital contract, but the defendant, in wilful violation of her contract has been guilty of adultery with a certain main, whose name is unknown to plaintiff. She has also been guilty of gross neglect of duty in that on or about June 15th, 1922, she removed from the home of plaintiff all of the household furniture and all contents of said house without his knowledge or consent and shipped same to Ashville, North Carolina, and she has since wholly refused to return to plaintiff and states she will never again live with him. Plaintiff is the owner of certain real estate situated in Newton Township, Muskingum County, Ohio. WHEREFORE: Plaintfiff prays that he may have an absolute divorce from defendant and that defendant be barred of all dower in said real estate, and for such other relief as is proper in the premises. document from Muskingum County Comman Pleas Court. datad 10/12/1922 IN THE COURT OF COMMON PLEAS, MUSKINUM COUNTY, OHIO Cleophus Roberts, Plaintiff vs. Myrtle Roberts. Defendant. CASE# 19459 Amended Petition Plaintiff for an amendment to his petition says that he and defedant have the legal title to the following real estate, to-wit: Situated in the County of Muskingum, State of Ohio and in the township of Newton and bounded as described as follows: a part of the northwest quarter of Section 22, Township 15, in Range 14, and bounded as follows: viz: beginning at a stone as corner in the west boundary line of land owned by Martha A. Roberts, thence north two chains and five links to a stonel thence south sixty-seven and one- half degrees east eleven chains and fifty-five links to a stone set as corner on the east side of the Zanesville and Roseville Road; thence south Thirty-three and three-fourths degrees west three chains and eighty-three links along the center of said road to a stone set as a corner in the west boundry line of land owned by Martha A. Roberts; thence along said west boundary line north fifty- four degrees west ten chains and fifty links to the place of beginning, containing three acres and forty-one hundreths of an acre. This plaintiff furnished of his own funds all the purchase price of said land and constructed thereon at his own expense, a dwelling house and other improvements. The defendant furnished no part of the purchase money of said lands nor of the cost of making the improvements thereon. WHEREFORE: Plaintiff prays as in his petition. Signed: Othreal? Puyle? Ribble & Be? (unreadable) Attorneys for Plaintiff. docunent dated 1922 JOURNAL ENTRY IN THE COURT OF COMMON PLEAS, MUSKINGUM COUNTY, OHIO CASE# 19459 Cleophus Roberts, Plaintiff vs Myrtle Roberts, Defendant, This cause came on this day to be heard on the petition, amendment thereto and the evidence, and the court being fully advised in the premises finds that the said defendant has had due and legal notice of the filing, pendency and prayer of this petition and is in default for answer or demurrer thereto. On consideration of the petition and the amendment thereto and the evidence, and being fully advised in the premises, the court finds that the plaintiff at the time of the filing of his petition had been a resident of the state of Ohio for one year next preceding the same and was at the said time a bona fide resident of the County of Muskingum, State of Ohio and had been such a resident for more than thirty days prior to the filing of said petition, and that the parties hereto were married as in said petition set forth. The court further finds from the evidence adduced that the defendant has been guilty of adultery and that by reason thereof the plaintiff is entitiled to a divorce as prayed for. It is therefore ordered and adjudged by the court that the marriage contract heretofore existing between the said Cleophus Roberts and Myrtle Roberts be and the same hereby is dissolved and both parties are released from the obligations of the same. It is further provided that the divorce herein granted shall not become effective for one year after the date of it's entry on the journal and neither party is permitted to mary within one year from said date. The court further finds that the plaintiff is owner of the entire fee of the following described real estate: (see legal descrition above) and the same is hereby restored to him divested of all and every claim, title and interest by dower or otherwise of the said defendant, and it appearing to the court that the legal title to said real estate has heretofore been in joint names of plaitiff and defendant, and it further appearing from the evidence that the plaintiff furnised all the purchase money and cost of improvements out of his own individual resources, it is therefore by the court adjudged and decreed that the said plaintiff is and always has been the sole owner of the equitable title to said real estate, Inasmuch as the undivided one-half ot she legal title to said real estate is on the name of the defendant, and the court having found the defendant guilty of adultery, it is therefore further ordered and adjudged that the said plaintiff have and possess as and for alimony the undivided one- half of the said described real estate to which the defendant holds the legal title to the undivided one-half, and the defendant is hereby ordered to convey said premises and the improvements thereon and all appurtenances thereto appertaining and belonging to said plaintiff, his heirs and assigns forever by a good and sufficient deed in fee simple free of any right or claim of said defendant to any estate in fee or dower or otherwise therein, and it is further ordered that upon the failure of said defendant to execute said conveyance within five days from the entry thereof that this decree shall operate as such conveyance and in that case it is ordered that the clerk cause so much of this decree to be recorded in the office of the recorder of this county as will show such change of title. And it further appearing that plaintiff and defendant are the joint owners in fee of certain real estate in the city of Ashville, North Carolina, purchased from the funds provided by this plaintiff, it is therefore ordered, adjudged and decreed that so much of said real estate as the legal title to which now stands in the name of this plaintiff be, and the same is hereby restored to him, divested of all and every claim, title and interest by dower or otherwise of the said defendant. It is further ordered that the plaintiff pay the costs File at: http://files.usgwarchives.net/oh/muskingum/court/roberts172gwl.txt This file has been created by a form at http://www.genrecords.org/ohfiles/ File size: 7.7 Kb