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John and Amanda Breeden Cook Divorce 1878 page 1 Amanda (Breeden) Cook vs. John A. Cook 1878 Divorce Sevierville, Sevier County, Tennessee Transcription by James M. Cook 2010 Page 1 To the Honorable Oliver Perry Temple Chancellor holding The Chancery Court at Sevierville for Sevier County, Tennessee. Your Petitioner Amanda Cook a citizen of Sevier County – state for more than two years before filing this bill of Tennessee respectfully shows to your him that about the ninth of January 1863 she intermarried with John A. Cook in the county of Sevier in said state of Tennessee and lived with him until November 1874 at which time the said John A. Cook maliciously abandoned petitioner willfully the same being more than two years before the filing of this petition and has sentenced said abandonment lives ??? and has wholly ???? & refused once still ???? once refuses to provide a living for petitioner & her family. By said marriage petitioner shows that four children were born unto them one of which to wit Lafayette is dead the other three to wit Charles A. Cook about 13 years of age and Henry Alex Cook about 8 years of age and Malinda Katherine Cook about 6 years of age and living and are in the custody of petitioner. Page 2 Petitioner further shows that the said John A. Cook before he abandoned petitioner purchased of James Elliridge a track of land in Sevier County, Tennessee containing fifty acres more or less and bounded as follows: Big ???? on said Elliridge’s line on Shields Mountain at the say??? Fields branch and running ???? said branch to the mouth ????? ???? the mouth of the blue suck branch – then up the ridge by a shorted oak to the line of said John Robert then with said Roberts back on Shields Mountain to Elliridge line then with it to the beginning. Petitioner shows that Elliridge executed to said John A. Cook a bond ????? to make title to said land whenever the purchase money therefore was paid which was the sum of one hundred and fifty dollars. All of said purchase money has been paid & the ??? Cook Page 3 Title to said tract of land is now in the said John A. Cook. The land for title to said land was executed on the 1st day of October 1867 and was duly acknowledged by the ???? & ???? and made matter of record. A copy of the same will be provided on the t???,of this ????. Petitioner shows to your ???? that she does not know where the said Cook now resides. When she used the best information regarding his whereabouts he was in the state of North Carolina - this was about one year ago – she cannot say where he is now. The promises considered your petitioner prays that the said John A. Cook be made a party defendant to this petition by publication, that he be ???? to and ??? the same fully, but not under oath the same being excused, waived, that the Page 4 bonds of matrimony now & heretofore subsitray between petitioner & the said John A. Cook be dissolved absolutely & that she be ?????? to have the custody & ????? of the three children herein named and that the said John A. Cook be prohibited by decree of this court from interference in ant manner with them that petitioner be decreed the equitable title to said tract of land heretofore described as alimony & for the maintenance & support of herself and children & that the said John A. Cook be inhibited from by process of injunction from dis???? Of said land, and if in anything petitioner has mistaken has mistaken remedies she may for ????? ????? Wm W Mullinoon Lal for petitioner Page 5 The State Of Tennessee Sevier County Personally came before me E. M. Nysm ???? of the chancery Court of Sevier County, Tennessee Amanda Cook the petitioner in the ????? petition who being by me first sworn on her oath states: that the facts stated in the petition are true to the best of the petitioner knowledge and belief and that the complaint is not made out of ???? or by collusion with the defendant, but in sincerity and truth for the causes mentioned in the bill Sworn & ???? to the 27th August 1878 Amanda Cook Subscribed by E. M. My??? Page 6 No 940 Divorce Bill Amanda Cook vs. John A. Cook Filed 28th August 1878 E. M. Wysom, Clerk ORDER OF PUBLICATION Notice to Non-Resident. In Chancery Court at Sevierville, Tennessee Amanda Cook vs. John A. Cook I Amanda Cook do solemnly swear that owning to my ????? I am not able to bear its expenses of the action. I am about to ???? & that I am justly in ???? to the ???? sought to ??? best of my belief. Amanda Cook Sworn & Subscribed to the 27th August 1878 E. M. Wysom In this cause if appearing from the bill which is sworn to that John A. Cook is a non-resident of the State of Tennessee so that the ordinary process of law cannot be served on him. It is therefore ordered by me that publication be made for four successive weeks in the Dandridge Watchman, a newspaper published in the town of Dandridge, Tennessee notifying the said defendant to appear on the first Monday of October 1878 the ????? rule day at the Courthouse ????? ???? defense to the bill filed in this cause of the same will be taken as ?????? him as set forth ?????? part as ????? This the 27th day of August 1878 E. M. Wysom C & M. 19 Printer’s Fee $5.00 Page 7 Amanda Cook vs. John A. Cook in Chancery Court of Sevier County, Tennessee 1878 Depositions of Amanda Cook & William Bohannon Taken before the Clerk & Master of the Chancery Court at the office in Sevierville, Tennessee on 15th day of October 1878 in the presence of W. W. Mulleniore solicitor of complainant. Amanda Cook first witness aged 35 years deposes as follows: Question 1: Are you the wife of John A Cook, if so where & when were you married to him ??? did you live with him? Answer 1: I am the wife of John A. Cook. We were married at Eugene Bogans in the County of Sevier. We live together about eleven years. Page 8 Question 2: By ??? Mw ???? the rights of matrimony? Answer 2: Eugene Bogard
Question 3: By same - State when your husband left you and for what cause he left? Answer 3: He left me four years ago this coming November. He fell out with one of his neighbors and went to their house and beat them up and burnt their house down.
Question 4: By same – How many children have by your marriage with John A. Cook? Give the names & ages & state who has had to take care of them since your husband left you. Answer 4: I have had four, one of which is now dead. Charles A. Cook, 14 years of age is the oldest living. Henry Alexander Cook, age 7 years. M. C. Cook 5 years ???, I have to take care of & manage said children myself ever since my husband left.
Page 9
Question 5: By same – What means have you at ???? to assist you in their management support? Answer 5: My own labor & what means I derive from the land purchased from Eilledge mentioned in this cause.
Question 6: What has your husband said about aiding you in the support of your children? Answer 6: When I last saw him some 2 years ago last harvest. I walked 9 miles to get to see him. He said he would not aid me in supporting his children that he intended to side the balance of his time. Myself and my children at this time were making a crop with shoes. I went to see him in order to get the horse he was riding in order to assist me in making a crop. Page 10
Question 7: By same – Have you seen him or heard from him since & if so state where? Answer 7: I have not seen him since.
Question 8: By same – When you last saw him did you ask him to remain with you as a husband and if so what did he say in reply? Answer 8: I did ask him to live with me as a husband. I told him if he could not live in this county (Sevier County) I would go with him anywhere that he could assist me with the family. His reply was to me that he would not be bothered with anyone he would not assist me to go with him & said he didn’t want to be encumbered with me and the children.
Question 9: By same – Do you know where your husband us now? Answer 9: No Sir.
Amanda Cook Subscribed & Sworn October 15th 1878 to E. M. Wysom Page 11
William Bohannon next Witness examined age 50 years deposes as follows:
Questions by W. W. Mulleniore solicitor of complainant.
Question 1: Are you acquainted with John A. Cook? Answer 1: I am acquainted with John A. Cook.
Question 2: By Same – If you know when he left this state please state it. Answer 2: He left this state some 3 or 4 years ago.
Question 3: By Same – Do you know why he left the county if so state why? Answer 3: I suppose it was his bad conduct.
Question 4: By Same – Who has been charged with providing for & taking care of Cook’s family since he left? Answer 4: His wife, she has worked and took care of the family. She has worked for me and is a faithful good hand. Question 5: By Same – If you are acquainted with a treat of land that Cook bought from James Elliridge state what is it worth? Answer 5: I think it is worth $200.00 or $300.00 dollars.
Page 12 Question 6: By Same – Did john A. Cook & Amanda Cook live together as man & wife and were they so recognized by the community? Answer 6: They were so regarded by the community. Signed William Bohannon Subscribed and Sworn on Oct 15th 1878 to E. M. Wysom Bill Cost E. M. Wysom A & M taking 2 depositions of $2.00 File historyLegend: (cur) = this is the current file, (del) = delete
this old version, (rev) = revert to this old version.
LinksThe following pages link to this file: License: This image is in the public domain in the United States because it was published in the United States prior to January 1, 1923 or its first publication anywhere in the world was prior to January 1, 1909.
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