Mark Rivers and Irena Catherine Hancock was married February 1840 in Chesterfield County, South Carolina. Shortly thereafter, Mark & Catherine left Chesterfield and travelled to Mississippi to be with his sister Emilia “Milly” Rivers and husband Moses Holifield.
Mark and Catherine had no children but something happen to Mark’s sister Elizabeth Rivers and her husband John Dryman leaving 3 children as orphans. Mark and Catherine cared for their younger son Jasper Newton Dryman.
Decree
The State of Mississippi} Chancery Court
Jones County} April Tern 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 complainant and defendant be and they are hereby dissolved and the said complainant is fully and entirely released from all obligation and liabilities contracted by said marriage. It is further decreed that the complainant pay all cost herein expended. Decree the 19th day of April AD 1859.
W. M. Hancock
Chancelor
Decree Recorded May 6th 1859.
D. M. Strong clerk
There is no doubt that a divorce decree was granted and recorded on 8 May 1859 but, research shows that Mark and Catherine continued to live together as husband and wife.
Mark Rivers died sometime in the late 1870’s probably early 1879. We know that on 22 March 1878 he deeded 198 acres of land that he owned to “HIS WIFE” Catherine Rivers.
Mark Rivers}
To} Deed of Gift
Catherine Rivers} Filed August 14th 1878
Book "N", Page 381, image 57
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 work horse (her choice of my horses and the following Lot on parcel of land to wit: Known and described as the W 1/z of NW 1.4 & East l/z of SW 1.4 & SE 1.4 of NW 1.4 in Sec 14T10 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
Witness J. J. Refshur} Mark X (his mark) Rivers {Seal}
J. B. Refshur}
I. 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}
Recorded, August 15th, 1878. B. H. Hammer, Probate Judge
After his death, Catherine Rivers married George S. Fagan on 8 September 1879. Surely, Mark Rivers was deceased by this date.
No death notice or tombstone has been found for Mark Rivers. Catherine Hancock Rivers Fagan died before 1903. She was living with Jasper Newton Dryman in Texas in 1900. Jasper was the young Dryman boy that was a child of Mark’s sister Elizabeth Rivers Dryman. No death notice or tombstone has been found for Catherine Fagan.
Mark Rivers is a distant Cousin on my paternal line.
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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. 1850 Census, Jones County, Mississippi, population schedule, Jones County, Mississippi, Page 129B, Line 13, Dwelling 3194, Family #194, Household of Mark RIVERS; online database, Ancestry.com (http://www.ancestry.com : viewed 2011); citing National Archives Microfilm Publication M432, Roll 374.
3. 1853, Jones County, Mississippi, mississippi state and territorial census collection, 1792-1866, Jones County, Mississippi, Mark Rivers; digital images, Ancestry.com (http://www.ancestry.om : viewed 11 June 2011); Microfilm V229. 3 rolls. Heritage Quest .Roll : v229_2.
4. 1860 Census, Jones County, Mississippi, Population Schedule, Ellisville, Jones County, Mississippi, Page 705, Line 11, Dwelling 304, Family 304, Household of Mark RIVERS.
5. 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.
6. 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.
7. Land Deed - Mark Rivers to Catherine Rivers, Deed of Gift; 14 August 1878; Deed Book #Vol . N.; Page(s) 381-382; Register of Deeds; Butler, Choctaw County, Alabama; 13 September 2015.
8. 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.
9. Jones County, Mississippi, Volume 1 page 31-35 , Mark Rivers vs. Catherine Rivers, Divorce Case, April Term, 1858.
10. 1880 U. S. Census, Choctaw County, Alabama, population schedule, Beat 7, Choctaw County, Alabama, enumeration district (ED) 014, Page 154A, Line 14, Dwelling 225, Family 125, Household of George S. FAGAN; digital images, Ancestry.com (http://www.ancestry.com : viewed 11 June 2011); citiing NARA publication T9, Roll: 006.
11. Land Deed - Catherine Fagan to J. N. Dryman; 24 March 1880; Deed Book # Deed Book "N"; page(s)page 533.
12. Land Deed - Catherine Fagan to Jacob P. Hayne; 18 December 1888; Deed Book # "P"; page(s)3.
13. 1900 U. S. Census, Robertson County, Texas, Justice Precint #6, population schedule, Robertson County, Texas, Justice Precint #6, enumeration district (ED) 121, Page 247B/6B, Line 85, Dwelling 116, Family 116, Household of Jasper N. DRYMAN; digital images, Ancestry.com (http://www.ancestry.com : viewed 11 June 2011); citing National Archives Microfilm T623, Roll 166.
Was divorce unusual at that time?
ReplyDeleteI don't know; but, I haven't found any others during this time period.
ReplyDelete