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Monday, July 29, 2013

Amanuensis Monday~Divorce Decree, Mark Rivers vs Catherine Rivers

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s posting is the Divorce Decree of Mark and Catherine Rivers; but, first some background. 

Mark Rivers was born abt 1808 in Chesterfield, South Carolina, a son of Mark Rivers and Annie Parker.[1] His divorce decree states that he married Irena Catherine Hancock in Feb 1840 in Chesterfield, SC.[2]

Sometime prior to 1840, his sister Milly and her husband Moses Holifield had migrated from Anson County to Jones County, Mississippi. Shortly after marrying, Mark and Catherine joined his sister and brother-in-law in Jones county, Mississippi.

In 1850 Chesterfield County, brother Luke Rivers and his wife Mary Selina were struggling to make a living and Luke was listed as a Miner.[3] Between 1850 and 1860, Luke decides to join his siblings, Brother Mark and Sister Milly in Mississippi. We know they arrived before January 1859 because Luke Rivers is a key witness at his brother divorce hearing.[4]

On April 19, 1859 Mark and Catherine were granted a divorce.




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 as Bill and proof and being fully understood by the court and it appearing that the allegations of adultery in said bill contained are fully sustained by the testimony It is therefore ordered adjudged and decreed by the Chancelor that the bonds of matrimony existing between the said complaint and defendant be and they are hereby dissolved and the said complaint is fully and entirely released from all obligations and liabilities contracted by said marriage It is further decreed that the complainant pay all costs herein expensed
Decreed the 19th day of April A.D. 1859
                                                                                          W. M. Hancock
                                                                                          Chancelor
Decree recorded May 6th 1859
D M Strong Clk

The entire text of the hearing can be found on FamilySearch by clicking on this link –> Mark & Catherine Rivers[5]

The hearing consists of 4 pages Images 22-24 or pages 31-35 of the Mississippi, Jones County Chancery Court, Volume 1, pages 31-35. Some portions of the text are somewhat explicit.

Epilogue:
Even though this divorce was granted on April 19, 1859 there is some indication that Mark and Catherine continued to live as husband and wife. They can be found together in the 1860 Census for Jones County.[6]

1860 CENSUS: Ellisville, Jones County, Mississippi; Roll: M653_584;  Image: 127;  Family History Library Film: 803584, 17 Oct 1860, Page 705, Line 11; 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).

Ransome, Elie, Miles and Miley Holifield, four minor children, were apprentice to Mark and Catherine Rivers in Choctaw County, Alabama. [7]

clip_image004

[Spelling left as found in original document]
January the 5th 1868
The State of Ala Chtaw County
To all hoom this may concern wee the Signed have bound ourselves to have bound to Mark Rivers and his wife Catherine Rivers two of our children Elie and Miley until thay ar 21 years of age the sade Rivers and his wife Dus agree to fernish the children clothing and provishion and 12 month scooling and the Sade Rivers and his Wife Dus further agree when the children is free to give then a starte as same as if tha was than on childring.[8]
                                                                                        James X Holifield
                                                                                        LuSindy X Holifield
[Spelling left as found in original document]


clip_image006

It is not known when or where Mark Rivers died; but, on Sept 8, 1879, his widower Irene Catherine married George S. Fagan in Choctaw County, Alabama. She moved to Robertson County, Texas to live with her nephew, Jasper N. Dryman and his family and died sometime before 1903.










[1] 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.
[2] Jones County, Mississippi, Volume 1 page 31-35, Mark Rivers vs. Catherine Rivers, Divorce Case, April Term, 1858; <http://www.FamilySearch.org>, Circuit Court Chancery, Ellisville, Jones County, Mississippi; LDS Family History Microfilm #903686.
[3] 1850 U. S. Census, Chesterfield County, South Carolina, population schedule, Chesterfield County, South Carolina, Page 168A, Line 6, Family #1065, Dwelling #1065, Household of Luke Rivers; digital images, Ancestry.com (http://www.ancestry.com : viewed 2000); citing National Archives Microfilm M432 Roll 851.
[4] Jones County, Mississippi, Volume 1 page 31-35, Mark Rivers vs. Catherine Rivers, Divorce Case, April Term, 1858; <http://www.FamilySearch.org>, Circuit Court Chancery, Ellisville, Jones County, Mississippi; LDS Family History Microfilm #903686.
[5] Jones County, Mississippi, Volume 1 page 31-35, Mark Rivers vs. Catherine Rivers, Divorce Case, April Term, 1858; <http://www.FamilySearch.org>, Circuit Court Chancery, Ellisville, Jones County, Mississippi; LDS Family History Microfilm #903686.
[6] 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.
[7] http://www.whitesstore.com/ChoctawCoRecords.htm
[8] Choctaw County, Alabama, Volume 1 page 31-35 Roll# S2005-0347, "Apprenticeship Records (1823-1924), Index - Adams, Judge - Young, Mattie", Minors for Apprenticeship-Milley, Ransom, Miles Holifield, 5 January 1868; Clerk of Probate, Butler, Choctaw County, Alabama.















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