Joseph  Bush  vs  Polly  Bush

Divorce
~ ~ ~
Complete Record Book G
Pages 205 206 & 207

February Term A.D. 1852
Pleas held at the Court House in Shelbyville in and for the County of Shelby in the State of Indiana, before the Honorable William W. Wick sole Judge of the fifth Judicial Circuit of Indiana. For the February Term of the Shelby Circuit Court in the year of our Lord one thousand Eight Hundred and fifty-two.
 
Joseph Bush
       VS                             Divorce
Polly Bush

            Be it remembered that on the twenty first day of January in the year aforesaid the above mentioned Complaint filed in the office of the Court of the said Circuit Court his Bill of Complaint, which reads in the words and figured following towit:
            Joseph Bush VS Polly Bush         In the Shelby Circuit Court, February Term, A.D. 1852
 
To the Honorable Judge Wick President Judge of the Shelby Circuit Court in Chancery sitting. Your Complainant Joseph Bush respectfully represents that about the year One thousand and eight hundred and [eight] he and  Polly Cartwright  his present wife intermarried in Rockingham County, Virginia, that this Complainant and the said Polly lived together for many years as husband and wife, and up to the ___ day of January & the said Polly whom your Complainant makes Defendant hereto, became disagreeable and ill tempered and treated your Complainant with great unkindness although this Complainant performed and exercised toward her all the offices and duties of a kind husband and provided all suitable necessaries and provisions for his family, that they have been Residents of the State of Indiana & Shelby County for the last ____ years, but during all that time the said Polly has utterly refused to Cohabit & live with this Complainant , or to perform towards him any of the offices and duties of a wife. And he would further show that the said Polly on or about the first day of January the said Polly abandoned this Complainant & wholly refused to live with him, and Has not lived, Cohabited, slept or bedded with him for more than ten years last past & still refuses to Cohabit with him Although requested so to do, And further that at the time of marriage of the Complainant And said Polly neither of them was the owner of any considerable amount of property, and further that by the efforts of this Complainant he had purchased & paid for forty acres of land by and being in the County of Shelby and State of Indiana worth about the sum of Six hundred dollars, which said lands he lately towit, in the month of January AD 1852 Sold and conveyed for the sum of five hundred dollars, She the said Polly agreeing and consenting thereto, on condition that one third of the purchase money be paid over to the said Polly which was accordingly done & she joined the Complainant in the said Deed of conveyance & relinquished her Dower therein which money she has held, used, and enjoyed to her own private and exclusive use & still refuses to let this Complainant to reside with her and family And further that the said Polly is now living with her children, in Shelby County and has and enjoys all the means of livelihood and Comfort, which have been heretofore supplied to her by this Complainant, this Complainant is now old and destitute of property, and unable to work to any considerable extent, that they have had 13 children , all of whom are of age, and living in Shelby County & the adjoining Counties, this Complainant now and for many years last past has resided in the County of Shelby and State of Indiana, therefore this Complainant prays the most gracious writ of subpoena against the said Polly Bush require her to be and appear before to your Honorable Court at the next term of the Shelby Circuit Court, to answer the matters and things herein contained. And at the final hearing may your Honor grant & Decree a dissolution of the subsisting marriage Bonds between the Complainant and the said Polly and this Complainant will continue to pray & may the Court grant such other & further relief as to him may seem meet &c
Ray & King? Solicitors for Complainant

And afterwards towit On the Fifth Judicial day of the term of the Court first aforesaid begun and held as aforesaid before the Honorable the Judge first aforesaid. Towit on Friday the twentieth day of February in the year first aforesaid—
            Now comes the Complainant by Ray his Attorney and said Defendant being three times called, but herein wholly make default, and it appearing to the satisfaction of the Court by the Sheriff return that process issued in this behalf has been duly executed upon said Defendant, more than fourteen days prior to the first day of the present term of this Court. Now comes David Gooding Esq. who prosecutes the pleas of the State in this behalf and enters an appearance and defends for said Defendant herein. And this cause being submitted to the Court upon the said Complainant Bill and evidence of the parties now introduced, and the Court being sufficiently advised in the premises do order adjudge and decree that the said Complainant be wholly and entirely divorced from the said Defendant, And that the marital tie heretofore and now subsisting between them the said Joseph Bush and Polly Bush be dissolved set aside and forever held for naught, as fully and entirely as they had never been married. And it is considered by the Court that said Complainant pay the costs and charges herein accrued, And that Defendant recover the same taxed at __- Dollars and ____ Cents

Transcribed by Barb Huff

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