Jordan v. Jordan, by Next Friend, &c.

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Order to Record Page Original Bill ,1, Order of Publication ,4, Registers Certificate ,4, Printers Certificate ,4, Interrogatiories ,5, Commission ,6, T. Ellards' Deposition ,7, L. Whatleys " ,8, S Bryant " 10 C. P. UCann " 10 Garnishment 12 Order to take Testimony 13 Interrogatories 13 Commission 14 E. Kelly's' Deposition 14 Decree July Term 1846 15 Petition for Retrcaring 16 Decree July Term 1847 18 Minutes of July 1847 19 Commision 19 Interrogatories 20 Ano M. Pitts Deposition 21 S. N Anvales. " 22 Minutes of Feby Term 1848. 23 Final Decree 23 Registers' Certificate 25

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The State of Alabama } To the Clerk of the chancery Talladega County } Court of Talladega County Because in the record and proceedings, and also in giving Decree in a Suit in our Chancery Court of Talladega County at the February Term thereof A. D. 1848 between Catherine Jordan by friend Complainant and James D. Jordan defendant, as is Said manifest error hath intervened to the great damage of the Said James D. Jordan as by his Complaint we are informed we are willing that the error, if any there be, Should in due manner be Corrected and full and Speedy justice be done to the parties aforesaid, and therefore in this behalf do Command you that if Decree be thereupon given, that you Send up to us fully and distinctly under your Seal, the Record and proceedings, with all Things Concerning the Same, with this Writ, So that we may have them at the next Term of our Supreme Court to be holden in and for said State, at the Cirt of Montgomery on the first Monday in January next, that the Record and proceedings aforesaid being inspected, we may cause further to be done thereupon for Correcting that Error, what of right and according to the laws of the State ought to be done, Witness Jacob J. Bradford Register &c of Said Chancery Court, at office this 26^th day of December in the year of our Lord, One Thousand Eight hundred and forty Eight, and the 73^rd Year of American Independence. J. J. Bradford Regrs &C Issued 26^th December 1848

(1)

Pleas before the Honorable David G. Liyon Chan= =cellor &C. presiding at a Chancery Court holden for the 40^th Chancery District at the Court Gouse for the County of Talladega, at the February Term 1848. {Catherine Jordan} Complainant {vs} {James D. Jordan} Defendant

Be it Remembered that heretofore to wit on the 10^th day of December 1845. The Complainant aforesaid by his Solicitors, filed in the Registers office of this Court their Original Bill against the Defendant above mentioned in the words and figures following (to wit)

(Original } To the Honorable A. Bowie Bill) } Chancellor of the Northern Division of the State of Alabama, presiding at Talladega in the 40^th Chancery District. Complaining Showeth unto your Honor, Your Oratrix Catherine Jordan a citizen of Talladega County, by Aloses Hearn her next friend also of Said County, that some thirty years ago in the State of Georgia. Your Oratrix intermarried with one James D. Jordan and continued to live with him from that period until the [Blank] day of February A. D 1842. as his wife, during all of which Time your Oratrix demeaned herself towards the said James D. Jordan as a Kind and affectionate Companion. And Your Oratrix further Shows that She and the Said James D, Removed to the State of Alabama, more than Six years ago, that your Oratrix has Continued all the Time Since to reside in this State, that She is now a citizen of Talladega County, And your Oratrix further Shows that on the [Blank] day of Feburary A. D. 1842. The Said James D. Jordan Voluntarily left the bed and board of your Oratrix with the intention of abandoning her, and that he has actually abandoned her for a period of more than three years, And you Oratrix further Shows that

2^nd,, 38

She has been informed, believes and therefore charges before the Said Jordan So abandoned her, to wit, for the Space of Two years before that Time, he had lived in adulter with another woman (to wit) Dilsy Quick, and your oratrix further Shows that when Said James D. Jordan (to wit) on the [blank] day of Feburary A. D. 1842 finally left the bed and board of your oratrix he took with him the Said Dilsy Quick and Continued to live in Adultery with her and has become the Father of Several Children by her. And your oratrix further Shows that the Said James D. Jordan went and Remained beyond the limits of this State, that he resided for Sometime in the State of Georgia living in Adultery with Said Dilsy Quick, But where he is now your Oratrix is unable to State. And Your oratrix further Shows that Said Jordan carried with him all the property he possessed and owned except his real estate, which property So carried off Consisted of five negroes (to wit) Dick a boy about fourteen years of age, Tom a man about twenty Eight years of age, Sarah a woman about thirty five years of age- Cloe a woman about forty years of age, and a girl Some Seven years old name not recollected, all of rather dark Complexion, all of the aggregate Value of Twenty Seven hundred Doll=ars, also a wagon and four horses, twenty five head of Cattle, and thirty head of hogs, the waggon Team, Cattle and Hogs being worth five hundred Dollars, Your Oratrix also Shows that one David C Eidson a citizen of Talladega County had in his possession, notes and Accounts belonging to Said Jordan (The Deft) Amounting to a large Sum, to wit, the Sum of $500.00 as She is informed believes & therefore charges, Best Your Oratrix is unable to State the precise amount of Each note and Account or to Specify on whom they are so held, and your Oratrix further Shows that she is informed, believes and charges, but how much She is unable to Specify, And your oratrix further charges that Said James D. Jordan owned and still owns two hundred

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Acres of Land lying in Talladega County being the Same on which She was living at the Time Said Jordan left her and on which She Still resides Known as the E 1/2 of N. W. 1/4 and E 1/2 of N. W. 1/4 & N. W. 1/4 of N. E. 1/4 all of Section 26, Township, 19, and Range, 8, in the Coosa Land District, And your oratrix further Shows that before her intermarriage with James D Jordan, She had Two Children (to wit) Matilda Whatley wife of Milton Smith, and Malinda Whatley wife of Moses Hearn both of whom reside with their husbands in Talladega County, In Consideration of the premises, and as your Oratrix is remediless by the Rules of the Common Law, She prays that the Said James D. Jordan may be made a Deft to this bill, that he may be brought before the Court by publication According to Law, that he may full and perfect Answers make to all and Singular the allegations in this bill Contained as fully as though the Same were herein repeated and he interrogated thereto, And that Said Marriage between your Oratrix and the Said James D Jordan may be dissolved and a divorce decreed according to the Statute in Such Cases made and provided, And that your Oratrix may have Such other on further relief in the premises As Shall be equitable, having reference to the Childrens property and Conduct of the Said James D. Jordan, And your Oratrix will even pray &C. Bowden & Jones } Catherine Jordan by Solrs for Complt } her next friend Moses Hearn

The State of Alabama } Came before me Hugh P. Watson Talladega County SS } Register H. Moses Hearn the next firend of Catherine Jordan who makes oath that he is informed, fully believes & therefore deposes that the above named James D. Jordan resides beyond the limits of this State and in parts unknown to Deponent, He further States that he is over Twenty One years of age, Subscribed and Sworn to before me on this 10^th day of Dec^r AD. 1843 } Moses Hearn H. P. Watson Register &C