ABNER JAMES DIVORCE PAPERS ELIZABETH MCVEY

Abner James Plff

VS Petition in Equity

Elizabeth James Deft

Filed May 4, 1855

The plaintiff Abner James states that in the year of 1854 he intermarried with the defendant Elizabeth McVey now James and that he was desiourious to live with her in the fidelity of a husband, but ? peace, harmony, and concord in every thing relating to his duty toward her as a husband. He states that she was the Mother of 5 children when he married her and he had one which he took with him when he married a girl of tender years. He states that she soon became ill and unmanageable and ? ? any woman he was ever acquainted with that she refused to let him have grain to feed his horse and said she ? never be toward him as a companion. He states that she has threatened his life repeatedly and he is afraid of her and afraid to live with her for he regards his life in danger and followed him when he was leaving with her son and he had to repulse them with a gun to keep them from abusing him in a manner he knows not how. In short he states she is a bad woman and he desires to be delivered from her and be returned to all the rights of an unmarried man he says he regards his person in danger by living with her and besides that he says she is ill refracting and unmanageable either in one way or the other and that his cause of action happened in Floyd County and ? within five years and that he had been a citizen of Floyd Count for ? years prior to bringing of this suit.

He further states that she has been guilty of lewd and lascivious behavior on her part that proves her to be unchaste. Therefore he begs to be divorced and returned to the rights and privileges of an unmarried man.

Deposition

November 7, 1855

James F. Fitzpatrick

Question by Plaintiff – Mr. Fitzpatrick please state all you know about the lewd and lascivious conduct of the defendant Elizabeth James after her marriage with the Plaintiff also whether she after said marriage and before she separated with James she was guilty of any acts of adultery – State all you know about her familiarity with other men after her marriage and before the separation.

Answer – I know that she committed adultery with other men than her husband James ? her marriage and before her separation from said Abner James. I also have seen her out from her home in the night time with other men since her marriage and upon one occasion after night. Some men knocked on the fence but she did ? so out witness and Stephen Hamilton was in the home or about the yard and further this deponent sayeth not.

Deposition of William Dyer in answer to questions – I have seen her out ? the night time with other men and I know that she has committed adultery with other men and I take her to be a whore and further this deponent sayeth not.

Judgment – This cause coming upon the pleadings and proof and the Court being sufficiently advised now adjudges and orders that the plaintiff Abner James to and is being divorced from the said Elizabeth and the marriage contract between them be and is hereby cancelled set aside and held for naught and that the Plff Abner be returned to all the rights and privileges of an unmarried man and the plaintiff pay the costs and this cause is stricken from the docket