Pickaway County OhArchives Divorce.....Cline, Susannah Phillippi - Cline, Phillip February 27, 1855 ************************************************ 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: Linda Franks Beebe lindafranksbeebe@juno.com August 3, 2009, 12:12 pm Pickaway (OH) County Court Records February Term A. D. 1855 Susannah Cline vs Petition for Divorce Phillip Cline Please before his honor James L. Bates Judge of the third subdivision of the fifth-Judicial Circuit of the Court of Common pleas of Ohio begun and held at the court house in the city of Circleville on the twenty seventh day of February in the year of Our Lord one thousand Eight Hundred and fifty five. Be it remembered that heretofore to wit on the fourth day of October in the year of Our Lord one thousand Eight hundred and fifty four the petitioner in this came by Messers Hodges & Cradlebaugh filed in the Office of the Clerk of the Court herein Certain petition which is now here recorded in the /// and figures following to wit: To the Honorable the Court of Common Pleas of the County of Pickaway in the State of Ohio. Your Petitioner Susannah Cline of the County of Pickaway Ohio Respectfully represents that she was lawfully married at the County of Pickaway aforesaid to Phillip Cline also of said County on or about the 27th day January A. D. 1828. that from the time of said marriage until the fall of the year A. D. 1840 the said Susannah Cline and the said Philip Cline lived together as husband & wife that in the fall of the year A.D. 1840 the said Philip cline by threats of violence drove your Petitioner from his house where she went to the house of her nearest neighbor Isaac Newton for protection and shelter that on the next morning the said Philip Cline took in a wagon so much of the house hold goods there in the house of the Said Philip Cline as he thought proper and took them to the house of your Petitioner’s Sister Catharine Wright (then a Widow) for the said Petitioner that she your Petitioner having no other place to go to went to the house of her sister to live On the Sunday following the day you Petitioner was driven from hes house and husband, the Said Philip brought to his house a woman by the name of Maria Craffus (whose husband was still living) and lived with him in a state of Adultery until about the 14th day of February 1841. That at this time he induced your Petitioner to return to his house, and that they continued to reside together in the same house for the period of about four years the said Maria Craffus during all of said time being in the family that during whereof said period of four years above referred to the said Maria gave birth to three Children by the said Philip Cline, all of which are yet living, that the said Maria Craffus & husband live on a tract of 30 acres of land owned by the said Philip previous to his being moved into the house of the said Philip which was situated on a forty acre tract owned by the said Philip: that the said Philip had committed adultery with the said Maria previous to his moving to his house that about the 25th day of October A. D. 1847 and about the time of the death of the husband of the said Maria Craffus the said Philip left your Petitioner in the house on the 40 acre tract of land with their only child a daughter and moved with the said Maria & her children to a house on the 30 acre tract of land and has from that time to the present lived in a state of Adultery with the said Maria Craffus, that since his removal on or about the 25th day of October A. D. 1847 the said Maria Craffus has had four children by the said Philip Cline all living and is now ///by the said Philip your Petitioner says that all times she has conducted herself properly and as a good wife toward the said Philip and that at the time of her return to him after being driven away by him and while the said Maria was still in the house, she was induced to do so in order to restore him to a sense of duty &propriety, but that such was no part of the object of the said Philip but on the contrary his only object in having your Petitioner return to him was to cover and prevent a prosecution for Adultery which had been thus observed by the neighborhood. Your Petitioner further states that at the time the said Philip left and went to the 30 acre tract of land with the said Maria he left your Petitioner and her dau- ghter by the said Philip to support themselves by their labor almost entirely and that he farmed the 40 acres by himself, his tenants and took the proceeds That is about a year after they had been so left the said daughter Caroline intermarried with one Amos Townsend and from that time to the present the said Amos has lived on the place as the tenant of the said Philip & your Petitioner further states that she has been informed that the said Philip had agreed with the said Amos that she the Petitioner should live on the place with the said Amos & their daughter, which she has continued to do until the present time, and that her services has at all times been worth her boarding & that by serving & other labor she has procured her Clothing. The said Amos Townsend and family are about moving to the West in a few days and the said Philip Cline has notified your Petitioner to leave and work for her living. Your Petitioner states that the said Philip Cline is the owner of 4 horses including a colt Wheat corn wagon & farming utensils in value over six hundred dollars exclusive of house hold goods. That he holds by title in fee simple the following lands amounting in all to seventy acres to wit worth three thousand dollars being thirty acres off the North west of the S. W. 9corner) of Sec. 7, L. 9 R. 21 MS and the same conveyed by Philip Cline by deed dated the 28th day of August A. D. 1834 and recorded in Book 12 page 385 of the record of deeds of said County of Pickaw ay Ohio said land being situated in the township of Harrison of said county of Pickaway. Also forty (40) acres of land situated in the same township of Harrison and being the same land bought by the said Philip Cline of Isaac Wosand about the year 1840 and conveyed to the said Philip by the said Brandt & wife about that date and the same land upon which the said Philip resided at the times of him moving to himself with the said Maria and the same tract of land upon which the house is situated in which your Petitioner resides the deed for the same not being upon record. Your Petitioner therefore prays that the bonds of Matrimony between herself and the said Philip may be dissolved that she may be decreed such alimony out of the lands & personal estate of the said Philip as may be proper and that such allowance may be made to the said Petitioner during the pendancy of this petition as may be proper and suitable, and that the said Philip shall be enjoined from selling or otherwise disposi ng of his property until the final hearing hereof Your Petitioner further expressly states that the said Philip and herself are both residents and citizens of Pickaway County Ohio and have been for over thirty years last past. Your Petitioner furthers asks that the said Philip be notified thereof by process of subpoena and copy of the Petitions and that he maybe compelled to answer the same fully and completely and upon the final hearing /// to grant to your Petitioner made full and complete relief as she may be entitled to in the aforesaid and as in duty she will ///pray &c Susannah Cline Hodges & Cradlebaugh Attys for Pet. Writ: Issue a subpoena for Philip Cline with copy of Petition. Oct 4th 1854. Hodges & Cradlebaugh and thereupon our writ issued in the words and figures following to wit: The State of Ohio Pickaway County SS. To the Sherriff of said County Greeting: We command you to summon Philip Cline if he be found in your bailiwick to appear before the Court of Common Pleas for said county at the Court House in the town of Circleville, on the first day of the February Term of said Court A. D. 1855 to answer with a Petition for Divor ce and alimony filed against him by Susannah Cline and this he shall in no wise omit under the penalty of the law; and have there these this writ Witness C. C. Neebling, Clerk of said Court, this fifth day of October A. D. 1854 C. C. Neebling, Clerk By Geo. Well & Elvoy D.C. S. Return October 5th 1854. Served by copy Personally and at the same time handed Philip Cline a copy of the filed against him in the Clerk’s Office. Services 35 cents. Writ 60 cents copy 20 cents total $1.15. J. Boyes shff And now at this day to wit, at the November term A.D. one thousand eight hundred and fifty four this cause came on to be heard upon a Motion of the plaintiff for alimony during suit and for paym ent of Costs and atty’s fees and by consent of Parties it is ordered that the defendants pay to the plain tiff for the use and purpose aforesaid the sum of twenty dollars in thirty days and twenty dollars in sixty days from the adjudgment of costs and this case is continued and now at this day to wit at a court of Common Pleas for the County aforesaid before the Judge aforesaid and at the time and place first heard in before mandate- d this cause having this day came in for hearing upon the bill of complaint filed therein the defendant having failing to plead answers or demur the same is taken as////and thereupon the Petitioner produced to the Court satisfactory evidence of her good character and by by proof made in open Court the Court are satisfied of the acts of adultering of the said Philip the defendant with the said Maria Craffus as Charged in the Petition. It is therefore adjudged and decreed and this Court by virtue of the power and authority therein vested and in pursuance of the statute in such cases made and provided with adjudge and decree that the Marriage between the said complainant Susannah Cline and Philip Cline the said defendant be dissolved and the same is hereby dissolved accordingly, and the said parties are free from the Obligations thereof and it is further ordered that the said Phillip Cline convey to the said Susannah Cline and to her heirs and assigns forever // and for alimony. The North half of the forty acre tract of land in her petition named and referred to by deed in fee simple in the covenants of general Warranty within thirty days from the issuing of this Court and in default there of this decree shall operate to secure and convey unto the said Susannah Cline and her heirs and assigns forever the said North half of the said forty acre tract of land in the petition described, and the court has order that the said Philip Cline pay the costs of this suit, and the sum of ten Dollars in addition to the sum of thirty eight Dollars paid during the proceedings of the petition. And it is further ordered ad judged and decreed that the said Susannah Cline be and is hereby banned from all other and further Claim to any part or parcel of the said or personal estate of the said Philip Cline whe ther during the life of the same Philip for sup port, or after the death of the said Philip by way or division in his real estate or distribution as yearly allowance of it his personal or other estate it was agreed by the said parties after the decree dissolving said marriage had been pronounced and that said Phillip should convey to Susannah the north half of the said 40 acres in fee simple by general Warranty Deed as aforesaid and said Susannah should execute a release of all his rights of dower in the residue of the estate of said Philip present or future acquired and all claims to a distributive share of his personally, and so much of said decree as relates to alimony and the Settlement of the aforesaid property of the said Philip being made by consent of the parties as confirmed by the Court and entry of record. 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