LAUDERDALE COUNTY TN - MISC - Mattie M. Fitzgerald vs Gus L. Fitzgerald 1947 ********************************************************************************* Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Sarah Hutcherson ********************************************************************************* LAUDERDALE COUNTY CLERK'S MINUTE BOOKS DIVORCEE DECREES RIPLEY,TENNESSEE SOURCE: Divorce Decree Minute Book B-5,Pages 13,14,15 County Clerk Office Lauderdale County TN Mrs.Mattie M. Fitzgerald vs Gus L. Fitzgerald In The County Court Of Tennessee No.2190 ORDER PRO CONFESSO: In this cause upon motion of the complaint and it duly apperaing to the court bt personal service or subpoene to answer and copy of the complaint's bill and that the defendant has neglected,failed and refused to appear and make defense to the said bill within the time required by law;and it appearing by affidavit that the defendant is not now and has not been in the armed forces of the United States within six monthsprior to the filing of the bill in this cause,it is hereby ordered that as to said defendant,GUS L.FITZGERALD,the allegations of the compainant's bill be taken as confessed and the cause set for hearing ex parte. FINAL DECREE: And thereupon this cause came on to be further heard and finely heard on this October 24th,1947,before the Hon.J.R.LEWIS,Judge of the County Court of Lauderdale County,Tennessee,upon complainant's original bill filed herein,upon the order pro confesso heretofore taken and entered against the defendant,GUS L.FITZGERALD,upon testimony of the complainant and her witnesses in open court and upon the entire record in this cause and from all of which it duly appears unto the Court as follows; That the allegations of the complainant's bill are fully sustained by the proof.That the parties were married in Ripley,Tennessee,on October 9,1928,and have lived together in Lauderdale County,Tennessee,continuously to the present time and they had one child,a daughter born to this marriage and who died at the age of 17 months.Complainant was born MATTIE SMITH in Lauderdale County,Tennessee,on February 19,1899,and is now 48 years of age.The defendant was born in Lauderdale County,Tennessee on August 9,1885,and is now 62 years of age,each of the parties have been married once before. That the complainant made the defendant a good dutiful wife and she waited on him and administered to him and especially so during a spell of recent sickness which the defendant experienced and he did not appreciate her efforts and he left the complainant in order to spite her and moved to the bottom and has been staying there in a trailer house surrounded by colored people and that in a spirit of malice he has circulated a number of false stories including the circulation of stories that the complainant had threatened to kill him,all of which stories were untrue and known to the defendant to be untrue and for the purpose of hurting,embarrassing and damaging the good reputation which the complainant has borne.The Court finds that the defendent has over a period of several months pursued a studied course of nagging and complaining at the complainant and told people that she had a mean and bad disposition when actually the oppisite was true,all of which was a part of the defendant'sstudied course of action to injure and hurt the complainant.The Court finds that the defendant would have sullen spells and refuse to talk to complainant and refuse to pay small bills which became due and doing a number of things calculated to and which did hurt and embarress the complainant.The Court further finds that the defendant has discussed his domestic affairs with the tenants on the place,telling them stories which he knew they would repeat.The Court finds that the complainant is a person of sensative disposition and that she has worried to such an extent of the defendant that it has made her highly nervous,causing her to be under the care of a doctor,and the court finds that the defendant has been guilty of such cruel and inhuman treatment or conduct towards her as to render further cohabitation unsafe and improper as to render it unsafe and improper for her to be under his dominince and control and that she is entitles to an absolute divorce from the defendant.The Court finds that it is to the best interest of the complainant,mentaly and physically,that she be granted an absolute divorce from said defendant and that she gave him no just cause or reasonable excuse for his misconduct. Now,therefore be it ordered,adjudged and decreed that the bonds of matrimony heretofore existing between the complainant,Mrs.MATTIE M.FITZGERALD,and the defendant,GUS L.FITZGERALD,be and the same is hereby severed and she is granted an absolute divorce from said defendant and be restored to all her rights as an unmarried woman and she is further given the perrogative of going by the name of MRS.MATTIE MIDYETT,if she so desires. It further appears to the Court that the parties have heretofore entered into a written agreement and contract for the settlement of their property rights and that the division of said property rrights the defendant has heretofore made and executed a deed to the complainant of his interest by the entireties of a tract of 75 acres of land,more or less,situate,lying and being in the 11th Civil District of Lauderdale County,Tennessee,and more particuly bounded and described as follows:---GUS L.FITZGERALD GUS L.FITZGERALD ----------------------------------- To: DEED __________________ Mrs.Mattie M.FITZGERALD STATE OF TENNESSEE LAUDERDALE COUNTY I do hereby certify that the within instrument was presented for registration on the 9th day of October 1947 at 10:40 o'clock a.m. and was noted in Book 9 page 279 and registered in N-4 Book Page 465-466. Witness my hand this 13th day of October 1947 Don GARRETT---Register Register Fee $2.00 paid. I,GUS L.FITZGERALD,for the considerations hereinafter set out,have this day bargained and sold and do hereby bargain,see;transfer and convey unto MRS.MATTIE M. FITZGERALD,her heirs and assigns forever in fee simple,all my right,title,claim and interest,as hereinafter set out,in and to the following described tract or parcel of land situate,lying and being in the 11th Civil District of Lauderdale County,Tennessee,and more particularly bounded and described as follows: BEGINNING at the northwest corner of the tract given to J.W.PITTS in the division of the PITTS land at a stake 2 dogwood and gum pointers'thence east 110 poles to a poplar marked xx SB; thence south 109 2/3 poles to a stake,the Lightfoot heirs south east corner ;thence west 110 poles to a stake in the Lightfoot's north boundary line; north 109 2/3 poles to the BEGINNING,containg 75 acres,more or less. BEING the same tract of land conveyed to James E.GILLESPIE by deed of Henry T.PITTS of Record Book W,page 175 of the Register's office of Lauderdale County,Tennessee,and set aside to Laura GILLESPIE,now Laura J.PARRISH,in the case of GILLESPIE vs GAINES,County Court of Lauderdale County,Tennessee.{1896} Minute Book S ,page 180 et seq to which reference is here made. Also a roadway conveyed to vendors herein by deed of V.T.LIGHTOOOT et al, of record in the said Register's office in Deed Book D-3,page 512-13 of Register'office of Lauderdale County,Tennessee,to which reference is here made and is decsribed as follows: BEGINNING at an iron stake in the Ripley and Lightfoot road;runs thence west 20 feet to a stake;thence north across our tract of land to a stake in the south boundary of W.A.PARRISH land,said line north being parallel with the west side of the J.B.GRIGGS land;and said stake being 20 feet west of the northwest corner of said J.B.GRIGGS land sold to him by W.W.CRAIG,said corner of J.B.GRIGGS land being an iron stake which stands 16 feet west of a persimmon;thence east 20 feet to J.B.GRIGGS northwest corner;thence south with GRIGGS and our dividing line to the BEGINNING POINT,and containing one-fourth of an acre,more or less. BEING the same tract of land conveyed to GUS L.FITZGERALD and MRS.MATTIE M.FITZGERALD as tenants by the entireties of W.A.PARRISH ex ux December 30,1936,of record in Deed Book A-4,page 418,of the Register's office of Lauderdale County,Tennessee. TO HAVE AND TO HOLD said undivided interest by the entirety unto the said MATTIE M. FITZGERALD her heirs and assigns forever in fee simple. THE CONSIDERATION for this conveyance is the sum of $1575.00 cash in hand paid,the receipt of which is hereby acknowledged and the further consideration that the said GUS L.FITZGERALD and MATTIE M.FITZGERALD have this day made and entered into and agreement for the full and complete settlement and adjustment of all their property rights,including the release by the said MATTIE M.FITZGERALD of all other rights,including but not limited to homestead and dower,which she may have in and to all property,real and personal,which the said GUS L.FITZGERALD may own or may hereafter own.And of course,said contract and agreement shall work a release of all interests which the said GUS L. FITZGERALD may have in the property of the said MATTIE M.FITZGERALD from and after this date and this agreemant binds the said GUS L. FITZGERALD,his heirs and assigns,from any and all further rights of every kind and nature of any property belonging to the said MATTIE M. FITZGERALD,including the real estate herein described and referred to. I COVENANT THAT I am lawfully seized and possessed of said property;that I have a good and lawful right to sell and convey the same;that the same is uncumbered and that I will warrant and forever defend the title to said property unto the grantee,her heirs and assigns forever in fee simple as above set out. The said MATTIE M.FITZGERALD is now in the possession of said property and she shall be entitled to all rents etc.,for the year 1947,together with all future years. The said Mattie M.FITZGERALD shall be obligated to pay all taxes on said property. Witness my hand this October 8,1947 GUS L. FITZGERALD ------------------------------------------------------------------------------- STATE OF TENNESSEE LAUDERDALE COUNTY On this day personally appeared before me,the undersigned Notary Public in and for said state and county,Gus L. Fitzgerald,the within named bargainor with whom I am personally acquainted and acknowledged that he executed the within and foregoing instrument as and for his free act and deed and for the purposes therein contained. Witness my hand and seal of office at office in Ripley,Tennessee,Lauderdale County on this October 8,1947 C.S.CARNEY JR. My commission expires January 5,1948. It is hereby decreed further that any right,title,interest and claim of the said GUS L.FITZGERALD,his heirs,assigns,or next of kin or personal representatives which may not have transferred by his said deed to the said MRS.MATTIE M.FITZGERALD,is hereby divested out of them and each of them and vested in the said Mrs.MATTIE M.FITZGERALD to the end that she is hereby decreed to be the full,unrestricted and unconditional owner in fee simple of said 75 acre tract home place herein set out and described.All of which is so ordered,adjudged and decreed. J.R.LEWIS,Judge. I, N.C.UTLEY,Clerk of the county Court of Lauderdale County,hereby certify that the within and foregoing is a full,true and correct copy of the order Pro Confesso and Final Decree in the cause of Mrs.Mattie M.Fitzgerald Vs Gus L.Fitzgerald entered in my office on this October 25th,1947.Witness my hand and seal; N.C.Utley, Clerk ____________________________ END OF DIVORCE DECREE ____________________________