Carpenter vs. Carpenter

Submitted by Jerry Tuttle and Capi Morrison


To the Honorable Judge of the Fleming Circuit Court sitting in Chancery

Your Oratrix Mildred Carpenter humbly complaining would respectfully represent to your Honour that in the month of May 1810 she was lawfully married to Daniel Carpenter and has from that time (ever demeaned) herself as a prudent and kind wife toward said Daniel, yet said Daniel was always a _____lent (violent) man at times and they continued to live together on a little farm of about 125 acres of (thin) land in Fleming County worth not more than $500 until Feby 1844 at which time without any just cause of provocation the said Daniel Carpenter left her and his farm upon which they lived:  Some short time before he left he had about five hundred dollars, with part of which he purchased another little farm lying part in Fleming and part in Lewis County containing about 150 acres to which he moved, carrying with him at the time one bed only, and some time last winter he carried off a waggon, 4 horses and gear, 9 head of cattle, about 20 head of sheep, 40 or 50 hogs, ploughs, and all the farming utensils, nearly and left only one bed of (his own), 1 _____, 1 cupboard, a few old chairs, a small lot of cooking utensils and cupboard ware, and 2 _____ old _____ not in all worth 50$.

Your Oratrix is feeble and infirm and has living with her an unmarried daughter and her youngest son Daniel (and son Thomas – crossed out) now nearly 21 years of age and son Thomas and but for the assistance of these her children she would suffer for the necessaries of life.

Since her said husband left he has done nothing for her support except the fall after, he killed four hogs and gave her a portion of them and this constitutes all his aid toward her support, besides this he has compelled her sons to buy the usual grains (meant) for the use of the little farm upon which they live.

She charges that her said husband left her with the intention of abandoning her and has so (declared) and that he has abandoned her for more than one year.  She charges and states that some few weeks since he gave notice to the whole family that they must leave the house and farm on or before the 10th March (night) and this was in writing and served by an offense _____.  She fears and believes that he will sell the said farm and leave her destitute upon the (cold) charity of the (world).  Besides his two little farms, stock, and money said Daniel has 80 acres of good land in the State of Indiana.

Seeing then as Your Honour must, the condition of Your Oratrix and that she has no remedy at (law) and only relievable in equity, she prays Your Honor to take jurisdiction of her cause and grant her relief and to the end that justice be done she prays that said Daniel Carpenter be made defendant here to for sp_____ _____ and that he answers this bill, that he be required to support her in her old age and infirmity, that out of his estate alimony be (decreed) to her and that said Daniel be enjoined and restrained from selling or otherwise disposing of the farm in Fleming on which she lives or dispossessing her and the personal property therein until the matter can be heard in equity and upon final hearing Your Honour will make such (decree) as is proper in the premises and for _____ relief and as (is) duty bound she will (ever pray) _____.

Throop & Fitch (E)sq.

Fleming County, Ky

This (day) Mildred Carpenter made oath to this (foregoing) bill before me a Justice of the Peace in the usual _____.  Given under my hand this 8 July 1846.

Wm. G. Bolt

Fleming Circuit _____

The Clerk of the Fleming Circuit Court is hereby directed to issue a _____ with injunction according to the prog(ress) of the proposing bill upon the complainant executing bond with _____ security on the penalty of $150 _____ according to law.

Given under our hands as Justices of the Peace for Fleming County and appointed by the County Court thereof to grant injunctions on this 8th July 1846.

Or”atrix, n. (L) A Woman Plaintiff, or Complainant, in equity pleading.

Wm. G. Bolt

Ben. Harbeson