Divorce 1906 TX Morris Stidham Milsap

Description

Morris Co., TX, District Court folder #1536

Source Text

Morris Co., TX, District Court Case Folder #1536 J. S. Stidham vs. E. L. J. Stidham Divorce on grounds of cruel treatment. Original Petition, 4/16/1906. Plaintiff J. S. Stidham has resided in Morris Co. for more than 6 months, Defendant E. L. J. Stidham resides in Collin Co., TX. Married on 9/25/1893 in Cass Co., TX. Lived with wife until 7/1905 when she abandoned home for 2 months and then asked forgiveness and promised to be more congenial. Abandoned again in 9/1905. Plaintiff was always kind and affectionate, defendant has an evil disposition and a violent temper, often striking and shoving plaintiff and using opprobrious epithets. On date of separation called him a son-of-bitch and lyar and said she did not love him. Long before separation she hated plaintiff's mother and would use profane language about her. Living with her is insupportable and plaintiff prays that the marriage be dissolved. Citation issued 4/16/1906, filed 5/30/1906. Mrs. E. L. J. Stidham must appear in court on 10/29/1906 to answer petition. Sheriff received citation 4/23/1906 and delivered it to defendant 4/30/1906 at 9 AM "at the residence of Ambrose Glass about one mile west from the city of Farmersville in Collin Co., TX." Bond for costs signed 4/17/1906, filed 4/24/1906. Principal J. S. Stidham, sureties W. H. Wood, O. L. Godfrey, J. W. Gallow. Defendant's Answer, 10/26/1906. Defendant alleges that plaintiff has reversed all allegations to suit himself. After death of his father they lived with his mother. She was a woman of ungovernable temper like plaintiff and "she ran defendant out of her house with a shot gun." Plaintiff took mother's side and both cursed and abused her. On 7/31/1905 plaintiff left defendant and afterwards apologized. Defendant was as kind to his mother as possible, caring for her when sick. But when she was well enough to come to dining room she started calling defendant vile names again, and so she told her husband she was going home. Plaintiff threatened to kill defendant and then himself if she did not stay with his mother when asked. Defendant asked to sell place and move away to avoid trouble. Plaintiff says he "would not sell out for hell nor no other whorish bitch of a woman he ever saw." In spring of 1905 he asked her to live with his mother. She said she couldn't and he struck her with his fist. She went home and packed her trunk to leave, but he came and made "good and kind promises not to do her that way anymore, and she forgave him." In spring of 1905 she was chopping cotton and he took his plow and horse and plowed up all her cabbage, beans, and vegetables. She asked him why and he acted crazy and said "What have I done?" The next day the mother told her she had told him to plow the garden, and when defendant repeated this to plaintiff he called her "a whorish black bitch of a liar" and threw a stick of stove wood at her. She ran from him and he caught her and choked her and drew his knife across her throat and said he would cut it if she moved. He sat down and watched till she went to sleep between 3 and 4 AM. He said if she told about this he would kill her, but she did tell and he found out. He prepared some coffee for her but she threw it out and the hogs drank it and all died. Plaintiff left and went to mother's and came back and hit her with the back part of a hatchet. Plaintiff and mother both claim there is no God and are infidels. Couple were married on 9/25/1893 and lived together until 7/31/1905. During that time they accumulated 150 acres of land in Morris Co., with no debts. Land should be divided and split between them, and the marriage dissolved. Judgment 11/5/1906. Marriage is dissolved. Land is community property but cannot be divided so must be sold at private sale by trustee R. L. Cason. J. S. Stidham to pay all costs for suit. Report of Sale 11/6/1906. 150 acres of land sold by R. L. Cason, trustee, to Mr. J. H. Terrell of Morris Co. for $600 cash. Execution for Costs, 12/1/1906. District Court clerk fees $7.80 + Collin Co. Sheriff's fees 1.60 + stenographer's fee $3.00 = $12.40. J. S. Stidham and sureties W. H. Ward, O. L. Godfrey, & J. W. Galloupe must pay $11.65. Sheriff executed by levying land that was divided.