JACKSON COUNTY, TN - COURT - Mariah Keath vs. John B. Keath. 1885 ============================================================================= USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Kandace Nicole Keith justkandace@msn.com ============================================================================== Source: Jackson County, TN Chancery/Circuit Loose Records Roll #87 DIVORCE RECORDS MARIAH KEATH VS. JOHN B. KEATH JACKSON COUNTY TENNESSEE CIRCUIT COURT 1885 State of Tennessee To the sheriff of Jackson County Greeting: Whereas one Mariah Keath has this day filed in the Circuit Count of Jackson County Tennessee her Bill for Divorce and Allimony against John Keath, changing away others things the she and the defendant are the owners of the following propinty towet: One bay horse, one gray mare, 10 or 12 barrels of corn, fifteen head of stock hogs about 290 lbs bacon, about 10 gal. land, about 25 gal. savghurre, 17 geese, 22 chickens, plarvs, grans, hoes, a wagon, a lot of foddy, ½ barrel soap, household and kitchen furniture, beds, bed clothing, cooking stove futurnnes, wash tub, wash board, &c, &c, all of which that dift John Keath is about fraudulently to dispose of the same, &c. She claims she is entitled as allimony, and praying that a writ of attachment have &c which to her is granted. She having taken the oath required by law for poor persons. This therefore is to command you forthwith to attach said property and the same unless replenied by band & good security in double the value thereof, so to secure that the same may be held liable & suspect to the andior of said count house in the towne of Gainesboro on the 1st Tuesday after the second Monday in May next, where and when you will return this writ. Showing how you have executed the same. Witness W.M. Gailbroath clerk of said count at Office in Gainesboro the 1st Tuesday after the second Monday in January 1885. W. M. Gailbroath Mariah Keath} Divorce & Allimony in the Cir. Count Jackson County Vs. John Keath In this case we the parties agree upon the following compromise as to the alimony. It is agreed that Complainant have all the property attached by the officer as that may be in his possession belonging to the parties except the bay horse mentioned which house together with all the other property not taken by the officer and one set of plaw gear he delivered to the Defendant as his property and that the same be decreed according to this compromise agreement. The cast of this sent is to be paid by Complainant This April 6th 1885 his Attest John x Keith Joshua Haile mark her Attest Mariah + Keith W. M. Brown mark Mariah Keath Vs.} Divorce - Decree John B. Keath This course came on to be heard before the court on this 15 day of May 1885 when it appeared to the court that process had been regularly served on the defense to complainants Bill and it further appeared said defendant failed to appear and make any defense to said Bill whatever & this being the 4th day of the timer. It is therefore decreed that all the allegations in the said Bill be taken for confessed as to said defendant and that this cause he sit down fir hearing expante as to him, wheninfact the cause was heard upon Bill Judgment for confessed & proof & the written compromises of the parties as to property attached, where it appranied to the court the compt. & dift. were married in Jackson County Tennessee on the day of 1860, that Since said marriage the defendant has been guilty of adultery with one Polly Carter a women of bad character for Chastity and it further appranied that Complainant is ??raien of good character on all subjects. It is thenifare ordained and decreed by the court that complainant be allowed a divorce from bed and board from dift. and it further approved from the written compromise of the parties on file that it was agreed all the property attached by complainant except the bay horse mentioned be settled upon her and that the bay horse mentioned together with all the property belonging to dift not attached be left with him and that comptt. agreed to pay the cast. It is therefore Decreed by the court that al the property attached in this cause except the bay horse attached be settled upon complainant as alimony for the support of herself & family as her self & separate propint free from the dominion & control of dift. and that complainant and L. C. MNabb her security on the prosecution had to pay all the cost in this cause & that executions iput. To the Honorable N. W. MLeannill Judge of the 5th Judicial Circuit of Tennessee presiding at Gainesboro Tennessee The Bill of Complainant of Mariah Keath a citizen of Jackson County Tennessee Against John B. Keath a citizen of like residence. Humbly complaining you Ovatrix would respectfully represent and show your Honor that she and the defendant were married in Jackson County Tennessee on or about the day of 1860 that they lived hapily together as husband and wife until about three years past when the defendant acquired a passionate fondness for one Polly Carter a women of lewd character, and his associations with her for the past two years your Ovatrix believes and so charges has become criminal. The defendant is a constant visitor at the house of the said Polly. He is there every day and sometimes two or three times a day, and almost every night. He stays with her of Sundays and thus your Ovatrix is almost certainly deprived of his society and associations. Since said unlawful associations with said Polly began, the defendant has became ill and abusive to complainant and threatens to sill and dispose of his property. He has carried provisions, meal and meat to the house of the said Polly and the same has been consumed by the family of the said Polly. Your Ovatrix is infammid and believes and so charges that said defendant is spending his means for dressing for the said Polly almost to the exclusion of his own family. Your Ovatrix and said defendant have three children as the input of their said marrage, two boys and a girl. The two boys are under the age of twenty one years, to wit; F. M. & W. H. Keath, thus are both about grown and the defendant has driven them all from house on account of their protestations against his associations with the said Polly thereby leaving your Ovatrix to remain at home alone both by day and by night without help or protection. In view of all these facts she charges that the defendant has bee guilty of devious lewd acts of adultery with said Polly Carter, within the past two years in Jackson County Tennessee. Your Ovatrix further charge that the aforesaid conduct of the defendant towards her is so cruel and inhuman as to render her condition intolerable and thereby forces her to withdraw from him. She further charges that she and the defendant are the owners of the following described property to wit: One bay horse worth about $75.00, one gray mare worth about $100.00, Fifteen head of stock hogs worth about $15.00, 10 or 12 barrels of corn worth about $25.00, about 290lbs. bacon worth $20.00, about 10 gal. land worth about $12.00, 17 geese and 22 chickens worth about $8.50, beans, plows, wagon &c worth about $25.00, a lot of fadder, ½ barrel soap, and kitchen furniture, beds, bed clothing, cooking utensils stove &c, wash tub, wash board &c, &c worth about $50.00 all of which your Ovatrix insists she is entitled to as alimony for the support and maintenance of herself and their aforesaid children. She charges that she is entitled to the care custody and control of said children and that the demfendant is not a proper person to take care of them under all the facts stated herein. She further charges dift. has repeatedly threatened to sell and dispose of his property saying he had enough to carry him away from the country if he saw proper, Your Ovatrix therefore charges that dift. is about fraudulently to dispose of his property to defeat her right to allimony. Your Ovatrix has been a citizen of Jackson County Tennessee for more than two years next before the filing of this Bill. All of said property is exempt by law from execution. He entitled to under the facts herein stated and for germinal relief. This is the first application for writs of attachment and inpenction. ? mode in this case. M. G. Butler Sol. For cainpet States of Tennessee Jackson County} Mariah Keath the complainant out in the forgoing Bill makes oath in due form of law, before the undersigned that the facts stated in the foregoing Bill ate true to the best of her knowledge infuriation and belief. That this complainant is mot made out of levity or by collusion with the defendant but in sincerity and in truth for the causes mentioned in the Bill and subscribed this affidavit in my presence this 26th day of March 1885 her W. W. Brown (J T) Mariah x Keath mark State of Tennessee Jackson County} Mariah Keath before the undersigned makes oath in due form of law that giving to her parity she is unable to give security for the attachment prayed for in the forgoing Bill and that she is justly entitled to the ridries sought thereby to the best of her knowledge thereif subscribed this affidavit in my presence this March 26th 1885 her W. W. Brown (JT) Mariah x Keath Mark The State of Tennessee To the Sheriff of Jackson County Greeting: You are hereby commanded to sorrier John B. Keith to personally appeared before the Judge of the Circuit Court of Jackson County at the court house in Gainesboro on the first Tuesday after the second Monday in way next to answer the Bill of Complainant of Mariah Keith for Divorce. Herein Jail not and have you there and there this not showing how you have executed the same. Witness WWGailb Keith clerk of said court at office in Gainesboro the first Tuesday after the Second Monday in January H. D. 1885 W.W.Gail Keath C.C. We Mariah Keath as principal and L. C. M Nabb as her security acknowledge arrsiluis indebted to John B. Keath in the sum of two hundred & fifty dollars, to be said if the said Mariah Keath shall prosecute with effect on action for divorce this day commenced in the Circuit Court of Jackson Tennessee or in case of Failure pay all the cast that may be adjusted against her, this March 26th 1885 her Mariah x Keath mark L. C. M Nabb Some difficult reading. Spelling mistakes is the same as on original document. 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