Thursday, March 8, 2012

Brothers – Mark & Luke Rivers


Sometime between 1840 and 1850, Mark Rivers and his wife Irena Catherine Hancock migrated from Chesterfield County, South Carolina. It is believed, but not yet proven, that Mark traveled with Moses Holifield to Mississippi. Moses Holifield was married to Emilla "Emily" Rivers. Emily is most likely Mark & Luke's sister but again solid evidence has not been found.

No children have been identified for Mark & Catherine; but, three children are closely connected to Mark, Catherine, Moses & Emily. These children are Jasper Newton Dryman (b. 1840) and his sisters, Louisa (b. 1839) and Ann Dryman (b. 1833). In one case they were referred to as cousins.   

Meanwhile, Luke Rivers and his wife Selena Johns Rivers can be found living in Chesterfield, South Carolina. By 1860, Luke & Selena has packed up and moved to Mississippi to the very same community where Mark, Catherine, Moses and Emily are living.

Then in April 1858, Mark Rivers files for divorce from Catherine Rivers 

Mark Rivers[1]
vs.     Divorce
Catherine Rivers

Be it remembered that the plaintiff in the above stated case did on the first day of January A.D. 1859 file his bill of complaint in the clerk's office of said court which is in the words and figures following to wit:

The State of Mississippi
Jones County

Circuit Court Chancery  ? of the Docket  April Term AD 1858 (sic) 

To the Honorable Wm M. Hancock Chancelor of Said County
Humbly complaining therewith unto your honor your orator Mark Rivers.  That your orator and Catherine Rivers  late Catherine Hancock intermarried in the State of South Carolina about the ____ day of February 1840 that your orator faithfully discharged all the duties of a kind and affectionate husband to the said Catherine and spared no pains to render her happy that your orator and the said Catherine continued to live and cohabit together until about the 15th day of November AD 1858 when to the astonishment of your orator he discovered that the said Catherine had violated her marriage vows by committing adultery with divers persons.  That your orator is advised and believes and so charges the truth to be that the said Catherine did commit adultery with John M. Musgrove on or about the 15th day of November AD1858.  That upon the discovery of said incontinence your orator ceased to cohabit with the said Catherine as his wife that your orator has since heard that the said Catherine has long been unfaithful to his bed. Your orator and the said Catherine are and have been citizens of the County of Jones and State aforesaid for many years.

The previous considered your orator prays your honor to make the said Catherine Rivers party pursuant to this bill of complaint and to this   ?  that your honor would grant to your orator the States writ of subpoena directed to the said defendant requiring her by a day certain and under a certain penalty she appear before the clerk of your honorable court let rules and answers this bill of complaint and particularly that on the final hearing of this case that your honor would decree a dissolution of the bonds of matrimony heretofore and now existing between your orator and the said defendant but that your honor would grant to your orator such other and further relief as the equity of his case may require and as is his duty borne &c.
                                                                                                                          J. E. Welborn
                                                                                                                          SA Steele
                                                                        
                                                                                                                   Sol for Con

Filed and subpoena issued January 1st  AD  1859
                                                                                     F K Willoughby  Clerk



Divorce was granted April Term 1859

                           Decree
The State of Mississippi                 Chancery Court
           Jones County                       April Term  1859

Mark Rivers
    vs                   Bill for Divorce
Catherine Rivers
                           This cause having been submitted for final hearing in bill and proofs and being fully understood by the court and it appearing that the allegations of adultery in said bill are fully sustained by the testimony.  It is therefore offered adjudged and decreed by the chancellor that the bonds of matrimony existing between the said complainant and defendant be and they are hereby dissolved and the said complainant is fully and entirely released from all obligations and liabilities contracted 
by said marriage.  It is further decreed that the complainant pay all cost herein expensed.
Decree the 19th day of April AD1859.
                                                                                                                         W.M.  Hancock
                                                                                                                         Chancellor
Decree recorded May 6th 1859
                           D. M. Shows   Clerk

However, if we take a peek at the 1860 Census [2]for Jones County, Mississippi we find this listing.
1860, Jones Co., MS, ElIisville, Page 705, Dwelling 304, Family 304;
Mark RIVERS, age 52, Farmer, born in SC (1808); Arena C. RIVERS, age 46, born in SC (1814); J. H. DRIMAN, age 17, born in MS (1843). LDS FHL Film #803584

Even though they were granted a divorce in April 1859, Mark & Catherine are still living together at the time of the 1860 enumeration. 

Witnesses in this case were Seaborn Magee, John Madison Musgrove and Luke Rivers.

Luke & Selena had three daughters and one son. The children were:

Flavelia Clarilla Levinia Rivers, b 1840; married John Madison Musgrove
Nancy Elizabeth Rivers, b. 8 June 1836; married Moses Holifield, Jr., son of Moses Holifield, Sr.
Sarah Catharine Rivers, b. 1845; married James M. Holifield, son of John C. Holifield
John C. Rivers, b. 1848; married Elizabeth Holifield, daughter of John C. Holifield

On 10 Apr 1862, Luke Rivers received a land patent[3] for 117.18 acres of land in Jones County, Mississippi. The land was located in Section 6, Township 9-N, St. Stephens  Meridian, Jones County.

Luke Rivers and Mark Rivers are brothers; Emilla “Emily” Rivers is also believed to be sibling. The two men are children of Mark Rivers and Annie Parker. Additional research, on site, in Mississippi needs to be done on these families.  











[1] Jones County, Mississippi, Volume 1 page 31-35 , Mark Rivers vs. Catherine Rivers, Divorce Case, April Term, 1858; Circuit Court Chancery, Ellisville, Jones County, Mississippi.
[2] 1860 Census, Jones County, Mississippi, population schedule, Ellisville, Jones County, Mississippi, Page 705, Line 11, Dwelling 304, Family 304, Household of Mark RIVERS; online database, Ancestry.com (http://www.ancestry.com : viewed 2009); citing National Archives Microfilm Publication M653, Roll 584.
[3] United States "U.S. General Land Office Records," database, Bureau of Land Management, General Land Office records (http://www.glorecords.blm.gov/ : viewed March 2012), Accession Number: MS0910__.063 - Luke Rivers, Jones County, Mississippi, Homestead patent # 13785.

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