The Divorce That Never Took Place

Mark Rivers and Irena Catherine Hancock were married in Feb 1840 either in Chesterfield County, SC or Anson County, North Carolina. After their marriage, they migrated to Hinds County, Mississippi joining his two sisters, Elizabeth Rivers wife of John Dryman and Amelia “Milley” Rivers and her husband Moses S. Holifield, Sr.

Then in mid to late 1850 another brother, Luke Rivers, migrated from Chesterfield to Hinds County, Mississippi with his family.

In early 1859, Mark filed for divorced from Catherine claiming marital infidelity. The divorce was granted on 9 April 1859. 

Published in Mississippi Genealogical Exchange of 1979, Court case for a Divorce in Jones Co., Miss. of MARK RIVERS Versus CATHERINE RIVERS. 'Mr. RIVERS stated that he and CATHERINE HANCOCK married in the State of North Carolina in Feb. 1840 and lived together until 15 Nov 1858(?)
Witnesses:
LUKE RIVERS, J. M. MUSGROVE, J. C. BRYANT, and SEABORN McGEE
Divorce action filed on 1 Jan 1859 and granted on 9 April 1859.
Snippet of Court Docket:

Mark Rivers
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 clerks' 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)


Even though Mark and Catherine were granted a divorce in April 1859 it's obvious from public records they continue to live together as husband and wife.

Here in 1860:

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)

Here in 1868:

The State of Alabama}                   Probate Court
Choctaw County }
Milley  Holifield }                              Minors for Apprenticeship of
Ranson Holifield }
Miles Holifield }
 
This day came Mr. Rivers who is a resident of  said County and brought with him Milly Holifield Ranson Holifield aged twelve years Ransom Holifield aged ten years and Miles Holifield aged eight years and makes known to the County, that they orphans and destitute of the necessary means of support and makes application to the Court to have the, apprenticed to him until they respectively attain full age of twenty one years and the said Rivers consenting to taker the said Milly, Ransom, & Miles Holifield and that they shall be so…
Page 4
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...

Here in 1870:

1870 CENSUS: Township 10, Choctaw, Alabama; Roll: M593_7;  Image: 363;  Family History Library Film: 545506; Page: 412B; Line 27, Dwelling 162, Family 163; Martin RIVERS, age 60, born in NC; Amanda RIVERS, age 47, born in NC; S. HOLIFIELD, Female, age 19, born in Mississippi; M. [Mary C.] HOLIFIELD, Female, age 13, born in Mississippi; Robt. HOLIFIELD, Male, age 10, born in Mississippi and Monroe HOLIFIELD, Male, age 08, born in Mississippi; three houses away Page: 413A; Line 1, Dwelling 165, Family 166; we find Jno. [Jasper] DRYMAN, age 25, born in Mississippi; Laura DRYMAN, age 22, born in Mississippi; John DRYMAN, age 4, born in Alabama; Eliza DRYMAN, age 4, born in Alabama and James DRYMAN, age 5/12 born in Alabama. 

Then on 22 March 1878, Mark Rivers signed a Deed of Gift-giving his wife Irena Catherine Hancock Rivers 198 acres of land he owned in Section 14, Township 10, Range 5 West of Choctaw County, Alabama.

Mark Rivers}
To}         Deed of Gift
Catherine Rivers}
                                                             Filed August 14th 1878
The State of Alabama )
Choctaw County}  Know all men by these Presents that I Mark Rivers of the county + State aforesaid do this day. Bequeath to my wife Katherine Rivers the following property, to wit; four cows + calves and one workhorse (her choice of my horses and the following Lot on parcel of land to wit: Known and described as the W 1/2 of NW 1/4 + East l/2 of SW 1/4 + SE 1/4 of NW 1/4 in Sec 14 T 10 R 5 West containing 198 acres more or less. To have and to hold unto her the said Katherine Rivers as long as she lives on during her natural life for her own special use + benefit. I hereby give and Bequeath said property To my wife Katherine Rivers free from all my Debts as I have other property to settle said debts +c. ln Testimony whereof I hereunto sign and fix My seal this the 22nd day of March 1878.
Witness J. J. Refshur}                        Mark X (his mark) Rivers {Seal}
J. B. Refshur}
J. C. Moody}
 
The State of Alabama}
Choctaw County}.   Personally appeared before me the undersigned Justice of the Peace in + for the said County J. J. Refshur, J. B. Refshur and J. C. Moody who acknowledged that they Signed the foregoing Deed of Gift as subscribing witnesses in the presence of each other and in the presence of the Said Mark Rivers and that he signed the same for the purposes therein stated on the day and year therein stated. Witness my hand and seal this the 31 day of July A.D. 1878.                                   D. N. Hassan, J. P. {Seal}
                                                                                  B. H. Hammer, Probate Judge
Recorded, August 15th, 1878.     

Mark Rivers signed a Deed of Gift (DB "N", page 381-382) in Choctaw County, Alabama on 22 March 1878. Irena Catherine Hancock Rivers married George S. Fagan on 8 September 1879; Mark could not be found in the 1880 Census. 

Mark Rivers died sometime between 22 March 1878 and 8 September 1879 in Choctaw County, Alabama.

It’s quite possible that Mark Rivers died between 22 March 1878 and May 1879. The 1880 Mortality Schedule should have documented all deaths between June 1879 and June 1880 when the Census was enumerated. He is not listed on the 1880 Mortality Schedule. 







_________________________________________
[1] SOURCE CITATION:
Mark Rivers to Catherine Rivers; Deed of Gift
Choctaw County, Alabama Deed Records
Vo. N. pp. 381-382
Family History Library Microfilm # 1788067
Copied at the Library on 13 September 2015
Transcribed 25 September 2015
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLX-SSPV-9?i=56&cat=519515
provided by Jean Larson and Jimmie Vernon.
[2] https://www.familysearch.org/ark:/61903/3:1:3QSQ-G9Q6-DQMQ?i=21&cc=2036959
[3] 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. [Thanks to Bennie + L. franklin of Alabama].
[4] 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.
[5] 1870 U. S. Census, Choctaw County, Alabama, population schedule, Township 10, Choctaw, Alabama, Page: 412B; Line 27, Dwelling 162, Family 163, Household of Martin RIVERS; digital images, Ancestry.com (http://www.ancestry.com : viewed 11 June 2011); citing NARA publication M593_7.