Reasin  Davis
vs

George  W. Davis
Georgia  Davis


~ ~ ~ ~ ~ ~ ~

Shelby Circuit Court
No. 1005


Complaint to vacate Judgment               Summons issued
Filed September 22” 1874  John Elliott Clerk
Hord & Blair Attys for Plff.

The State of Indiana                                          In the Shelby Circuit Court
Shelby County              Sct                               October Term 1874

Reasin Davis
   VS
George W. Davis  Georgia Davis          Complaint to set aside and vacate an order of Court &c           

Reasin Davis  plaintiff complains of the Defendants, George W. Davis  and  Georgia Davis  and for cause of complaint says that heretofore towit - On the 18th day of March 1869 at the County and State aforesaid the plaintiff and the Defendant Georgia Davis were married and that they lived together as husband and wife until about the year when by the bad conduct of the Defendant the plaintiff and defendant were separated, and the plaintiff on the 6th day of March 1872, filed his complaint for divorce from said Defendant in the Shelby Circuit Court.  And Plaintiff avers, that owing the time that Plaintiff and Defendant Georgia lived together as husband and wife, there was born to them as the fruit of said marriage one child towit -  Fannie M. Davis  who is yet living and of the age of Four and one half years old.  That in said complaint for divorce this plaintiff prayed the Court for the care custody and guardianship of said child and the Defendant also by her cross complaint asked the same.  And Plaintiff avers that on the 15th day of the Shelby Circuit Court A.D. 1872 said cause for divorce between plaintiff and Defendant came on for trial, and was disposed of by said Court by granting to this plaintiff a divorce, and the care and custody of said child was given to the Defendant, George W. Davis, and plaintiff marked a copy of the decree of the Court in granting said divorce and the order of the same as to said child a part of this his complaint and marks the same exhibit “A”.  And plaintiff avers that since said order of said Court as to said child the plaintiff has married to another woman and is now the head of a family, and is the owner of considerable property towit;  more than Eighty thousand Dollars and that he is in every way calculated and prepared to take charge of said child that he is the father of said child and greatly attached to the same.  That the Defendant Georgia is unmarried, and is not a suitable person in any respect to take charge of said child that she is not the owner of any property whatever, except about $150 and is dependent upon the charities of others for her support.  And that her character, for chastity and virtue is bad. 
            That said child is yet in more the control of the Defendant George W. Davis, who refuses to allow this plaintiff the control thereof.  Wherefore plaintiff sues and demands the custody control and guardianship of his said child Fannie, and that so much of said order of said court as awards the custody of said child to the Defendant George W. Davis be set aside vacated and held for naught, and of which the equity of the case demands.                     Hord & Blair Attys for “Plff.”

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State of Indiana
Shelby County

            Reasin Davis says the above named plaintiff being duly sworn upon his oath says that the matters and things set fourth in his complaint are true in substance and in fact.
                                                                                                Rezin Davis
Subscribed and sworn to this 22nd Sept 1874                Warren Bigler  Notary Public


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Copy of Judgment

Rezin Davis
     VS                                                  Complaint for divorce
Georgia Ann Davis  
                
            Comes the parties by the Attorneys and the Court having heard the argument for Council for the parties and being sufficiently advised in the premises finds for the Plaintiff and that he is Entitled to be driven from said Defendant.
            It is herefore ordered adjudged and decreed by the Court that said Plaintiff Rezin Davis be and he is hereby divorced from the Defendant Georgia Ann Davis that the mental tie heretofore and now subsisting between them be and the same is hereby dissolved vacated set aside and held for naught as fully and effectually as if said parties had never been married.
            It is further ordered adjudged and decreed by the Court that George W. Davis the grandfather of the child  Fanny May Davis  mentioned in the complaint shall have the care and custody of the same which he now here accepts.  And it is further considered by the Court that the Plaintiff pay to the defendant as and for her Alimony the following sums of money towit:  Seventy Dollars within three months from this date.  One hundred Dollars in twelve months and fifty Dollars within twenty four months from this date.
            George W. Davis acknowledge myself  Replevin suit for the payment of the costs in the above entitled cause on or before the Expiration of the time allowed by the law for Stay of Execution thereon.  Witness my hand this 18th May 1872                        G. W. Davis

Transcribed by Barb Huff

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