Divorce of Moses Emery and Rebecca Haines Emery, 1876

Date: Aug 1876 [unknown]
Location: LaPorte, Indiana, United States
Surnames/tags: emery haines

Pg 1 Number 1053 / 9498 Day Laporte Circuit Court September Term 1876

Moses Emery Plaintiffs against Rebecca Emery

Disposed of September Term 1876

Pg 2 ???? Aug 29th 1876

Gentleman You are authorized to sign my name to the agreement pending the action for divorce between my husband Moses Emery, and myself. So far as pertains to matters and personal property ??? Yours Rebecca Emery

Pg 3 Emory vs Emory The following property to be left to Mrs Emory: Choice of 2, out of 4 cows, Choice of 4 hogs, as she has taken, choice of 1/2 spring pigs all corn in barn & wagon house or woodshed all household furniture on home place all plows and wagons, buggies & houses now on the home place - reserving hay rack. 2/5 of wheat & oats raised by Moses Emery & harvested this year on home place (crossed out: Mrs E to repay him the money paid out for said wheat sown by son to settle with son for his interest in said crops). all the corn raised this year on home place. Mrs E. to take all money in bank in her name and name of Nathan Emery & to take all the houses. E. to pay all debts contracted before May 1. 76 & she to pay all debts contracted pg 4 by her or members of family remaining with her since that time Grain sacks to be divided equally Costs of court to be divided half and half each party to pay their attorneys.

She wants the chickens on the place She wants him to let Nathan have the benefit of the ??? wheat he prov? him Then she will file cross complaint as ??? ??? ??? ?? Custody Nathan, Sarah & John (signed?) ???? ??? of property she ???? Mulion THompson

pg 5 Whereas the undersigned Moses Emery has made application for a divorce from his wife, the undersigned Rebecca Emery; And whereas said Rebecca is about to file a cross-complaint against said Moses asking a divorce from him; Now said parties have agreed and do agree that in the event of a divorce being decreed ???? ???? one of said ???, the court ??? such ??? shall ??? ??? and custody of Nathan, Sarah and John Emery, minor children of said parties, to said Rebecca. All the further order of the Court. And in agreed to property settlement between them, it is agreed that in the event of such divorce being decreed, said court shal by ??? ??? the title to the following specific articles in the said Rebecca freed from all claim and demand of the said Moses, viz: Two (2) out of four (4) cows now out the farm occupied by said Rebecca; to be chosen by her; Four (4) hogs, being the same over heretofore selected by her; One half in number of spring pigs, to be chosen by her; Three (3) calves to be chosen by her from the ?? ??? said farm; all the chickens now on said farm; pg 6 All the equipment in the barn and wagon; house on wood shed on said farm; all the household furniture in the house on said farm; All the plows, drays, wagons, buggies and harness now on said farm; All the money now in bank in her name, and in the name of Nathan Emery; Two fifths (2/5) of all the wheat and oats raised by said Moses the present year on said farm; All the corn raised and all the hay ??? this year on said home farm; The grain sacks on said farm to be equally divided between them. The title to the Real Estate held by each part to said action to continue to be as held by them the same as if this union had not been instituted, except that each shall hold the same respectively pg 7 ? is to pay all contracted by himself as any member of the family remaining with her since that union. Each of the parties ? is to pay one half the payable costs of this proceeding and each is to pay their respective attorney’s fees/ It is stipulated that in case said divorce is decreed this agreement shall be made a part of said decree, but in the event of the divorce being ? this is to be of no effect. Dated Aug 29 1876 Moses Emery Rebecca Emery Pg8 fold pg 9 State of Indiana La Porte County Moses Emery vs Rebecca Emery The defendant for her answer to the plaintiffs complaint in this behalf swear & ? That she denies each and every allegation in said complain contained. The plaintiff for a further answer to said complaint and be way of a cross complaint ?? and ?? That on the 24th day of October AD 1847 the plaintiff and the defendant were duly and legally married at the village of Niles in Berrien County, State of Michigan. That from that time thenceforward the plaintiff and defendant have continued to cohabit; and live together as man and wife as residents of Hudson Township La Porte County Indiana, except as hereinafter stated. That during all the time they so lived and cohabited as man and wife the defendant did in all things conduct herself towards the plaintiff as became a true, affectionate and virtuous wife, and made every effort to make the life of plaintiff as pleasant and agreeable as possible. That there was born as the fruit of such marriage five children, three of whom are still under age of twenty one years: in Nathan Emery, aged, eighteen years, Sarah C Emery aged fourteen years and John Emery aged ten years. That the two other children Susan and Frank are over the age of twenty one years. That for several years after their marriage the plaintiff and defendants married life was pleasant and so far as defendant can state quite satisfactory to the plaintiff as well as defendant, but for a number of years last past the plaintiff seems to have undergone a great change of feeling toward the defendant until finally without any or the least fault of her, he has lost all affection for her, and seems more to entertain ? her feelings of repugnance and extreme dislike. That for several years last past the plaintiff has been guilty of ? the habit at times of the use of intoxicating liquor to excess and under its influence and his loss of affection for defendant has been in the habit of absenting himself from his home and family for several days at a time pg 11 without his family or any one of them knowing anything of his whereabouts until by search or otherwise it became known to them where he was. That the matter has been going on from bad to worse until on the day of April 1876 the plaintiff abandoned the defendant and his family, and went to live and since has lived with his elder son Frank some distance from where plaintiff resides, she being on the old homestead, the title to which is in her name. That plaintiff says and persists in saying it to be his unalterable intention and determination never to again live with the defendant. That from his conduct then is no hope of a reconciliation ever taking place between them That she still resides as aforesaid on the farm where they have lived for many years, and the children who are still under age as well as the daughter Susan still resides with her. Wherefore she asks that the bonds of matrimony now exhisting [sic] between them be dissolved and declared null and void and that she be awarded the custody of the minor children and for all other and proper relief Neil Bricell Atty for ???? p12 No 1053 In Circuit Court Moses Emery vs Rebecca Emery ???? Cross Complaint P13 State of Indiana, to the Sheriff of LaPorte County You are Commanded to Summon Rebecca Emery . . . 17 Day of August 1876

P14 Moses Emery vs Rebecca Emery Summons Service 40 Mileage 2.80 Return 10 ------ 3.30 Cole ? Plaintiff's Attorney Served this writ on the within named Rebecca Emery by reading Aug 21st 1876 Edward Hawkins Sheriff L C

P 15 State of Indiana La Porte Circuit Court La Porte County September Term 1876 Moses Emery vs Rebecca Emery

Moses Emery complains of Rebecca Emery and says that he tho said Plaintiff is at this time and for more than fifteen years last past has been a bona fide resident of La Porte County in the State of Indiana, and that on so about this day of us this year 1847 he was lawfully united in marriage with the said Defendant, with whom he lived until about the 1st day of May 1876, during which time he conducted himself towards her in all respects as becomes a Kind Faithful and Affection husband, and at all times furnished for her a suitable and sufficient maintenance and support. He further says that about thirteen years ago and long after their said intermarriage the said Defendant inherited about the sum of sixteen hundred Dollars from the Estate of her deceased parents, which money came into the hands of the Plaintiff and was by him invested in about one hundred acres of wild land, the title to which was taken in the name of the Defendant, and still stands in her name. He further says that he has with his own means and labor cleaned up and improved said land and erected buildings thereon until said land is now of the value of said five thousand dollars, being fully and ??? ?? value of all the property owned by the Plaintiff and Defendant. Plaintiff further says that said Defendant has during nearly the whole of their said married life and especially since the inheriting by her of said sum of money treated him with the most gross and inhuman cruelty in this; that she has on very many occasions and constantly during the last fifteen years, both when they were alone and in the presence of their children she said def? and her changed on accused the plaintiff of infidelity and his ? son on many and frequent occasions when in truth ? in ? the said charges were ? in without any foundation in truth or in ? whatever. That on ?? and ??? occasions the said defendant has struck in ?? the plaintiff and at one time hit him with a stick of ?? wood inflicting a large wound ? the face and nearly breaking the arm of the plaintiff. That during the first few years the defendant has been in the habit of ? she  ? ? as affections longings toward the plaintiff and to? neighbors about him trying to brogan the good name of the plaintiff into public disrespect. That on many occasion she has charged the plaintiff both in finish and before the public of having madly use of her many property as that he wanted have been in the ? house if it were out for his or if had been compelled to rely  ? his own resources. That she's state of ? existed up to the 1st day of May last at which time the defendant actually drove the plaintiff from the house and refused ?? to live with the family. The family ? for the purpose of avoiding ? and avoided saying anything to any one about his family troubles until after the departure in May last when by the act of the defendant she ? whole family trouble being know to the family and has since been the ……….??? That the affection of the plaintiff and defendant are entirely alienated for each other and ??? they can never again live pg 18 together as husband and wife Wherefore plaintiff asks that the bonds of matrimony heretofore existing beaten the plaintiff & defendant be severed and declared forever null and void as for? ? Cole ? Atty for Plaintiff

State of Indiana County of LaPorte Moses Emery being duly sworn on this day that he is now and for ? ? ? he has been a bona fide resident of Hudson L* La Porte County Indiana and ?…….. occupation Moses Emery

Subscribed by ??? me this 17 day of August 1876

Chas. Spach clerk ???????????