KY-Powell vs Powell-1807

Sarah Vs. Charles Powell Sr.
Mercer County Kentucky Records
Judgment Box P #7 - S. Powell Vs. C. Powell

To the honorable the judge of the Mercer Circuit Court in
Chancery, the presentation? of your oratrix, Sarah Powell,
humbly complaining to your honor herewith that about forty
years ago she unfortunately intermarried with a certain
Charles Powell in the Commonwealth of Virginia by a marriage
solemnized according to the then existing laws of that
state. That she was at that time possessed of and invested
with in her own right, one hundred acres of land in
Spotsylvania County and afterwards received at the death of
her father a legacy of personal estate and a female slave.
She further states that at the time of the marriage ? the
said Powell had no real estate and no personal estate except
a horse and wearing apparel nor has he ever received to her
knowledge and belief to the amount of 20 S. from any
relation or by any legacy in donation whatever. She further
states land aforesaid? has been long since sold and from the
proceeds thereof and from the increase of the Negro
aforesaid? the estate of said Powell hath accrued and
negroated?? Your oratrix states that many years after the
marriage aforesaid the said Deft. treated her with customary
tenderness and affection and she states that she has
uniformity treated him with that perfect? and affection
which moral and social duty enjoined in her as a wife. But
about four years ago the affection of the said Powell
without any provocation on her part became alienated from
your orartix and he has since treated her with cruelty and
indignity which no patience could bear and which humanity?
never ought to be subjected to. Your oratrix expressly
charges that he has given her every reason to believe and
she does believe that he has long lived in a state of
fornication with negroess slaves, that he has indulged
himself in her presence with every dalliance short of
fornication with her female salves for more than eight
months now. She expressly charges that he has repeatedly
beaten her with his fists and with sticks in a cruel and
unmerciful manner so as to endanger her life. That he has
once attempted to smother her to death. That he is in the
practice of dispersing the estate to which she has certainly
in ? a claim equal to his and has lately bartered away a
very valuable negro man at a vast under value for the
purpose of possessing a negro girl as your oratrix readily
believes for the use of prostitution. And in the mean time
has refused to your oratrix the necessities of life, has
banished her from his house and advertised her with a
probation against any person dealing? with her.

She further states that the said Charles has at this time
the following property To Wit Track of land whereon he now
resides in the County of Mercer containing upwards of one
hundred acres, one negro by the name of Tom, one negro woman
by the name of Liddy, one other by the name of Doray, one
negro boy by the name of Jeffery, one by the name of Jorden,
one negro girl by the name of Mirah, one negro boy by the
name of Tony which is now in the possession of Nimrod
Greenwood and that a certain William Hall is indebted to the
said Charles in a large sum of money but the particular
amount is not ascertained by her, (and a bond for 400 acres
on one owing).

She further states that the Deft. Charles is also in the
possession and hath a right to valuable stocks of every kind
To Wit Horses, Cows, Hogs, Sheep, and household furniture.
She states that she and said Charles hath eight children all
of whom are of full age and married and left their parents.
She states that the Deft. Charles hath at different times
and not long since beat and abused her with great cruelty
and inhumanity and without any reasonable or justifiable
cause and that he hath driven her from his bed and board and
refuseth to make any kind of provision for her or in any way
to afford her any relief or protection altho the Deft doth
well knowest in equity he ought to furnish her with a
reasonable alimony or support but now so it is and may it
please your honors that he Deft Charles is almost constantly
in a state of intoxication and making imprudent? and losing
bargains to the great injury of his estate and at other
times he gives it out in speeches that he will either sell
his property and leave the state in a short time taking the
proceeds of the sale with him, or that he will leave the
state and take his negro with him and sale of the land to
the end to defraud your oratrix of her alimony or support.
All which actings and doings of the Deft. and his
confederates are contrary to equity and justice and intended
to defraud and injure your oratrix in this behalf. In tender
consideration in hereof and for as much as your oratrix is
remidless? in the premisses by the strict rules of the
common law and can only find relief in the honorable court
of Chancery where matters of this kind are properly heard
and relief ? to the end therefore that justice may be done
in the behalf she prays that the Deft. may be compelled to
answer this bill and each allegation thereof on his corporal
oath, in as full and complete manner as if the same was here
again ? and interrogated. And she prays that by your decree
to be pronounced herein, that the said defendant may be
decreed to allow your oratrix her alimony or make such
provision for her support on the equity of the case may
require, and she prays of your honors your Commonwealth writ
of subpena to compel an answer hereto and your commonwealths
writ of injunction to restrain and enjoin the said defendant
from selling or in any disposing of the said tract of land
whereon he now resides and from selling or in any way
dispossessing of the said negro or any of them To Wit Negro
Tom, Liddy, Jeffery, Jorden, Miriah, Dorah, and Tony until
the further order of the Deft. from leaving this state until
the further order of this court and taking with him the said
negro case can be heard by your honors, and she prays such
other and further relief to the equity of her case may
entitle her to and she ? duty bound will pray. J. L. Bridges
Atty. for Complainant Mercer Circuit Court

This day the within Complaintant Sarah Powel Personally
appears before me a justice of the peace for the said County
and made oath that what she hath stated in the within bill
from her own knowledge is true and what she hath stated from
information about she believes to be also given under my
hand the first of July 1807.

 Archibald Bilbo J. P. 1807 June Ingt & ne exeat? granted? &
bond & security given June rule for answer? July rule for
answer? contd Aug bill taken proven

Contributed by: vnelson@nti.net (VKN)
from the research files of Bob Strong