Remedy  Bush  vs  Susan  Bush

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Complete Record F
Pages 256, 257 & 258
            Pleas held at the Court House in Shelbyville in and for the County of Shelby in the State of Indiana before the honorable William J. Peaslee President Judge of the fifth Judicial Circuit of Indiana and  Ira Baily  and  Joshua B. Lucas  Esqrs Associate Judges of the Shelby Circuit Court for the February term Eighteen hundred and forty-six

Remedy Bush
        VS                                                   Divorce in Chancery
Susan Bush

            Be it remembered that on the tenth day of July in the year Eighteen hundred and forty-five a Bill was filed in the office of the Clerk of Shelby Circuit Court which is in the words following towit:

State of Indiana
Shelby County     Sct

            Shelby Circuit Court August Term Eighteen hundred and forty-five
To the Honorable the Judge of Shelby Circuit Court in chancery sitting

Humbly complaining your orator Remedy Bush of Shelby County and State of Indiana represents that he now is and has for more than two years last past been a resident of the County and State aforesaid. That on or about the ___ day of ____ in the year of our Lord one thousand eight hundred and forty your orator was legally joined in marriage in said County to one  Susan Andrews  whom your orator makes Defendant to this bill of complaint. And with whom your orator lived and cohabited from the time of said marriage until the fifth day of June in the year Eighteen hundred and forty-two. And during all that time your orator practiced and performed for and towards his said wife all the duties of a kind loving and affectionate husband. Yet notwithstanding such proper kind and affectionate conduct on the part of your orator during all the time aforesaid Your orator represents that the said Susan the undutiful wife of your orator and during the greater part of the time which they so lived together behaved and conducted herself towards your orator in a manner totally in violation of decency and conjugal fidelity and your wholly blameless for such her loose and notoriously lewd conduct. Your orator would further represent Susan Bush on or about the fifth day of June in the year Eighteen hundred and forty two voluntarily left your Oratorís bed and board without the intention of returning but fully determined to abandon your Orator and without any just cause or provocation whatsoever. And that she has not returned thereto at the filing of this Bill of complaint, not at any time since her abandonment of your Orator has she returned to your Oratorís bed and board as a dutiful wife was bound to do but has wholly neglected and refused to return notwithstanding repeated solicitations on your Orators part and has refused to Conduct herself in any wise as a dutiful and affectionate wife.
And your Orator expressly charges that on or about the first day of March in the year Eighteen Hundred and forty four the said Susan not behaving as became a decorous and chaste wife but conducting herself in a lewd indecent and adulterous manner in the county aforesaid committed adultery with one  Nathanial Vice  by taking up with and running away with and cohabiting with him the said Nathaniel Vice. And at other times and places during said abandonment conducting herself in a like improper manner committed adultery with a person or persons unknown to your Orator.  And your Orator further charges that the conduct of his said wife Susan in being and slandering him your said Orator as well as in said abandonment and adultery has brought her into deserved scandal and disgrace and renders it impossible for her and your Orator to be together as husband and wife. In tender consideration of the premises your Orator prays your honors to grant and decree in his favor a divorce and dissolution of the bonds of matrimony now subsisting between your Orator and the said Susan Bush. May it please your honors to grant in favor of your Orator a proper writ of Subpoena commanding the said Susan Bush wife as aforesaid of your Orator to be and appear before your honorable Court on the first day of the August term of your Honorable Court to Answer plead or demur to this Bill of Complaint of your Orator and to stand and abide such order and decree as your honors shall after hearing the evidence in support of these allegations deem suitable and proper. And your Orator will ever pray &C
Remedy Bush by   M. M. Ray Solicitor

And afterwards towit on the Second Judicial day of the August term Eighteen Hundred and forty-five of the Court aforesaid begun and held as aforesaid before the Honorable the Judges aforesaid towit on Tuesday the twenty-sixth day of August in the years last aforesaid.

Now comes the Complainant by Ray his Solicitor and the writ issued in this behalf having been returned not found. It is therefore ordered by the court that the said Defendant be notified of the filing and pending of said Complainants Bill of Complaint by publication for three weeks successively in the Shelbyville Recorder a Newspaper of general circulation printed and published in Shelbyville Shelby county, Indiana and that unless she appear at the next term of this Court and Plead answer or demur thereto the same will be taken as for confessed and true and will be heard and determined in her absence. And this cause is continued.
            And afterwards towit on the tenth Judicial day of the term of the Court first aforesaid begun and held as aforesaid did before the Honorable Judges aforesaid towit on Thursday the fifth day of March in the year first aforesaid.
            Now comes the said Complainant by Ray his solicitor and filed proof of publication in the words and figured following towit

State of Indiana Shelby County
                    In the Shelby Circuit Court February 1846
            Before me Jacob Vernon Clerk of the Shelby Circuit Court this day personally came the undersigned David Thacher and being by me duly sworn deposeth and saith that the printed Notice hereto appended was published in the Shelbyville Recorder a Newspaper published in Shelbyville Shelby County Indiana a paper of general circulation in Shelby County for three weeks successively sixty days previous to the first day of the February Term of the Shelby Circuit Court 1846
(signed) D. Thacher    
Sworn to and subscribed in open Court before me this 3d day of March 1846
J. Vernon Clerk

            which said proof is satisfactory to the Court, and said Defendant being three times called comes not, but herein wholly makes default. It is therefore ordered adjudged and decreed by the Court that the said Complainants Bill and the matters and things therein contained is taken as and for confessed and true as to the said defense. And this cause being submitted to the Court upon the said Bill of Complaint and the proofs now adduced and the premises being seen and fully understood, It is ordered adjudged and decreed by the Court now here that the said Complainant Remedy Bush be wholly and entirely Divorced from the marital tie heretofore and now subsisting between him and the said Susan Bush and that the same be altogether dissolved set aside avoided and forever held for naught as fully and entirely as if they had never be married.

Transcribed by Barb Huff

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