Family Group Sheet for Joel McLemore, III / Elizabeth Broadway (F8694) m. Abt 1822 : Strong McLemore Ancestry

Notes

Married:

Bill of Divorce, Logan Co, KY 10 May 1828 To the honorable the Judge of the Logan Circuit Court in Chancery sitting- your orator Joel Mclemore would humbly represent onto your honor that sometime in the year of 1822 on the ___ day of ___ he intermarried with one Elizabeth Broadaway in the ___ county of Tennessee. That shortly after said marriage the said Elizabeth became so refractory and turbitend in her disposition that it became impossible for your orator to live with her with any digree of happiness or comfort to himself that would further represent that he done everthing that a kind and affectionate husband would have done to quiet the said Elizabeth have proved wholly abotive- he would further state that from the same the said Elizabeth adopted his wife was so repugnate to every duty of a good and affectionate wife that he could not have that regard for her he would have continued- and that of some time after their marriage the said Elizabeth left the bed and board of your orator and is at this time living with another man as his wife in some part of Tennessee- in tender consideration of the demise aforesaid your orator would pray this court ___ compelling the said Elizabeth to relinquish all claim or claims upon your orator as her husband as she has already done by and hand___, which now fully appear by exhibit at which is herewith filed and prayed to be made part of this bill, and that your orator be released from all legal obligations toward the said Elizabeth as his wife and be restored to all the priveledges of an unmarried person and as in duty round ? can pray. Harding for Comp.

Hearing before Justice of the Peace: Sept 2, 1828 Mrs Elizabeth M'Lemore TAKE NOTICE THAT I shall attend at the tavern house of Augustine Byrne, in the town of Russellvile, on Saturday the 18th day of October next, to take the deposition of Wiley Horn & others, to be read as evidence in a suit in chancery (for a divorce) now pending in the Logan circuit court, wherein I am complainant and you are defendant, and where you may attend if you choose. JOEL M'LEMORE by WM. L. HARDING, att'y Sept 2, 1828

The deposition of Wiley Horn taken at the Tavern House of Augustine Byrne on the 18th Day of Oct 1828 to be read as evidence in a suit in Chancery, for a divorce, which Joel Mclemore is complaindent and Elizabeth Mclemore is defendant said deposition to be read in the Logan Circuit Court. This deponent being of Laeful age and first duly sworn deposeth and saith________ Question by Compt Councel: Mr. Horn state all you know about Elizabeth Mclemore abandoning and leaving Joel Mclemore, and all the matters connected therewith --- Answer: I was a Clapleader of the church which Joel Mclemore belonged and I was appointed by the Clapleaders of our church for the satisfaction of the church to go and see Elizabeth Mclemore, wife of said Joel, for the satisfaction of the church I accordingly went and seen her. She stated to me that she left said Mclemore when he was from home, she stated that they had lived together in peace and that Joel Mclemore was not to blame about their parting, she stated that Mclemore and herself was ___ and they had not family and as they had no children she was determined that she would never live with her husband anymore. I urged her to see her husband that he was desirus to live with her and she refused seeing him or ever living with him again. Her husband appeared to be desirus of living with her. This happened about three years and she has never lived with said Mclemore for more than three years. and I then at the same time got a certificate from her releasing Joel Mclemore from his marriage contract with her which I am a witness to and it was rumored in neighborhood that she left her husband on account of another man. Said Mclemore is a member of good standing in the Methodist Church unless he has lately falter ? it which I have never heard of and further the deponent sayeth not. Wiley Horn

The deposition of Tempy Mclemore taken at the same time and place and to be read in evidence in the same suit this deponent of lawful age and first sworn. Deposeth and saith Question by Compt Council: Please state Mrs McLemore how long said Elizabeth Mclemore has left her husband Joel Mclemore and whether or not said Joel has a good standing in the Methodist Church. Ans: She has left him abour 6 years and he has as far as I have heard a good standing in his church. Joel Mclemore to my knowledge has wento back a time or two to try and live with her, but she never would let him see her, or say anything to him- I know that Joel wnt with Wiley Horn to try see and get her consent to live with her, but failed and he went another time by himself and further this deponent saith not. Her Temp X Mclemore Mark Costs: 2 witnesses .50 ea $1.00 Majestrate $1.00 ___________ $2.00

The foregoing depositions was taken before me at the time and place therein stated given under my hand and seal this 18th day of October 1828. Saml H. Harding Jr. State of Tennessee County of Stewart To all people whom this may come greeting-- Be it understood that whereas Joel Macklemoore and Myself Elizabeth Macklemorre has been lawfully married and lived together for some months but we disagreed and parted and dose not expect ever to live together anymore I therefore freely relinquish all claim right title and interest that I have to the said Joel Macklemoore, person or property and pledge my word that I will nor disturb or cause the same to be done to the said Joel Macklemoore in case he marrys any other woman and this may be understood as a clear ____ from me given under my hand this 3rd day of November 1825. Test Wiley Horn Joseph Smith Her Elizabeth X Macklemoore Mark Logan County, KY.

Court: This day this court came on to have heard upon the bill deposition and exhibits and order of publications having been duly made and filed and the deft Elizabeth having failed to enter her appearance agreeably to and notice having been given in the Weekly Messenger newspaper. It is therefore ordered and decreed said marriage contract between the parties be disolved, annuled and set aside, and that the said compt Joel be forever divorced from the said Elizabeth. It is further ordered and decreed that the complainant be restored to all the priviledges and annuities of an unmarried person. And that he have execution for his cost herein suspended.

Source:
http://groups.msn.com/maddoxmclemoredescendants/general.msnw?action=get_message&mview=0&ID_Message=55&LastModified=4675369818266576984

Note: Not personally viewed

The Stewart County (Tennessee) Archives reference a divorce between "McLemore, Joel vs. McLemore, Elizabeth (Broadway) Divorce 1824" (3 pages)

Copies of these files can be requested from the Stewart County Archives, P. O. Box 367, Dover, TN 37058. To request a copy you must include the File Name, Type, Date and Number of Pages information, shown below, from the file you are requesting, so that the Archives staff can quickly locate the file. The Number of Pages information will determine the cost of obtaining a copy of the file.

The fee schedule is $7.00 plus 25 cents per printed page, per file ordered. Postage is included. So, a file containing 4 pages would cost $8.00 ($7.00 plus 4 pages at 25 cents each), a file containing 14 pages would cost $10.50 ($7.00 plus 14 pages at 25 cents each), etc.

http://www.tngenweb.org/stewart/archivesinv.htm

Family: Joel McLemore, III / Elizabeth Broadway (F8694)