Divorce Records in the Courthouse

Divorce Records

Divorce Records are often a source of valuable insight to the genealogist.

My last blog encouraged readers to go into the courthouse and hunt for treasures found there.  I gave a few gentle clues regarding good courthouse manners.  Now, it’s time to use some of those records.

For me the most interesting records are divorce records.  In the South, divorce was scandalous for as long as women were put on a pedestal.  I remember how shocking it was in the 1950s.  And if a man sued for a divorce, you knew there had to be “another woman” involved.  With that said, I found very scandalous divorce papers filed in 1935 last week.  The husband was the plaintiff, the one who sued for the divorce.  The wife in this case was the defendant, the person who was sued.  Those are two very important terms.  Divorce papers can be sealed by the court; but that does not often happen.

There are two parts to divorce records and both are not always retained by the court.  The first is the petition that the plaintiff files arguing the reason for wanting a divorce.  The second part is the decree that simply tells so and so were divorced on such a date with all financial and custody matters outlined.  The decree is almost always the proof of the divorce and the part kept by the court.  The petition contains all the juicy stuff but is often destroyed after the case becomes final.  Divorces are heard in the court that hears civil cases having to do with equity.  They go by different names in different states so check with The Handy Book for Genealogist or The Red Book. 

In this particular divorce, the husband contended that his wife was mean and abusive.    For their entire married life, he claimed she was temperamental and verbally abusive.  She was said to turn the children away from him.  Once the children were grown, he kicked her out of the house and filed for the divorce.  To get a clearer picture, I went to the 1930 Census for Hunt County, Texas.  Many of the wife’s extended family lived in the town of Greenville, including her parents and this couple.  The rent on the couple’s home was $10 per month while her parents owned a home valued at $3700.  Quite a difference in lifestyles!  In addition, the wife was from a prominent farming family who arrived in the late 1840s.  No information has been found regarding his family. 

In 1910 the couple was living on rented farm land, indicating they were tenants or sharecroppers.  I suspect that the wife believed she had married beneath her status in life and was grossly unhappy.  She seemed to have taken her frustrations out on her husband until he could tolerate it not longer.  While this is speculation, it is sometimes helpful to write these comments down with a note that they are purely speculative.  Who knows what else may turn up?

Posted in Research Tips | Leave a comment

Working the Courthouse

 

Hopkins County Courthouse

County courthouses are full of great legal records to help you in your genealogical research.

There are some great legal records hiding in county or parish courthouses just full of genealogical information.  But they are not often consulted for various reasons.  Some researchers are leery of the courthouse.  They feel the staff members in the courthouse are not friendly.  The main reason, if the truth were known, is that these old records are sometimes dusty, fragile, more often than not handwritten, and therefore, difficult to read. 

So let’s look at these pitfalls.  Courthouses are as safe as any place in our modern society.  I did get on an elevator almost forty years ago with a law enforcement officer who was taking a drunk up to the jail.  I exited on the next floor, not out of fear; but because it was during the heat of a Texas summer and that prisoner must not have bathed since Christmas.  To this day I walk up the flight of stairs telling myself it is good exercise.  And the jail is no longer in the courthouse.

Yes, sometimes the staff does not welcome genealogists with open arms.  They are employees of the county or parish; hired to record legal transactions according to state mandates.  Many times they are overwhelmed with their routine work.  In my courthouse, there is a sign notifying patrons that they cannot answer legal questions.  Just as the staff member is not an attorney, neither is she a genealogist.  So, here are a few tips from yours truly, Carol Taylor about working with court clerks.

A smile goes a long way.  Please and thank you are very magical words.  You learned that in kindergarten, right.  Well apply it at courthouses, land offices, and libraries.  At the courthouse, introduce yourself, explain what type of record you want to find, and then give the ancestor’s name and a time frame.  You might want divorce proceedings, marriage records, a deed for a burial plot, a criminal record, or probate records.  Depending upon the State these records are not usually found in the same office.  Ask for only one kind of record at a time.  Once you know that you are in the right office, give the approximate dates and names.  The staff will tell you if you are in the right office.  If not, they will either tell you or show you where you need to be. 

Having been the director of a genealogical research center in our local library and a dedicated genealogist for many, many years I can tell you that the person helping you will not be impressed with your entire family history.  Keep it simple.  Stick to the ancestor who was at that locale and don’t stray to your ancestor who arrived on the Mayflower.  I know you are enthusiastic; I am so excited about my ancestors from the Palatine.  But few people want to hear my lecture about Europe in the Middle Ages and why Germans migrated to the American Colonies.  You know glazed look that comes over your audiences’ eyes when they are confronted by enthusiastic genealogists. Remember to recognize it in a courthouse or library.  And be sure to smile and say thanks.

What about the records themselves?  Courthouses, like the rest of the world, are overwhelmed with paper.  Some have microfilmed records, or allowed volunteers from the Mormon Church to do so.  Since before World War II, microfilms were considered the best way to archive papers, if the originals could not be saved.  That is the reason censuses are on microfilm.  As digitalization became more acceptable, many of those microfilms are now being digitized.  Either way, it is a tedious and expensive process. 

Today we find a combination of the two processes plus access to the originals in some cases.  Hopefully, all county courthouses in the country have retrieved their probate packets (wills, inventories, dispersion of property records) from those old metal cabinets crammed with folded papers.  A probate packet may contain 100 or more sheets of paper. 

Many if not most courthouses have a computer file of records they hold as well has the old index books.  In my courthouse, the county clerk who deals with probates, land records, vital records, etc. keeps the original papers in archival folders stored the old jail with no climate control.  To access a probate packet, I ask the clerk to see if one was filed.  She then goes up four floors, pulls the file folder, and brings it to me.  At that point I photocopy what I need, or the clerk would if she didn’t know me.  Then she returns it to the old jail.  That is not a good situation and our county is very much aware of the deficiency.  

I prefer photocopies if at all possible.  You can take them home and transcribe them.  Sometimes, I pull out the digital camera I carry in my purse and copy a page.  But, please be sure to ask permission first.  This is not a situation where you can ask forgiveness later. 

I plan to write a series of blogs pertaining to divorce records, land records, and tax records.  All are crammed full of genealogical information.

Posted in Genealogy, Research Tips, Uncategorized | Leave a comment

We Stopped To Make A Crop

Plowing Illustration from Scribner's Magazine

Plowing Illustration from Scribner's Magazine

If you are fortunate enough to have letters, diaries, or memoirs from any of your ancestors, you may have read the words, “We stopped to make a crop.”  I imagine you wondered where and why a family moving by wagon from North Carolina to Arkansas would stop along the way and grow something.  Was it food?  Did they own the land?  Can I find records of them at this unknown spot?  Unfortunately, the answer to all three questions would more than likely be no.

Pre-1850 American economy on the frontier was primarily based on exchange of goods and services.  Families often ran out of money or tradable goods along the way.  Corn, wheat, and oats were exchangeable for food, repairs on wagons, or any other crisis that developed along the way. 

Each wagon or groups of wagons carried seed for crops at future homes.  If a shortage or need arose, they simply picked out a fertile piece of land, plowed a small area, and planted seed in the springtime.  Sometimes, they built a temporary shelter of logs or brush; other times they rigged a make-shift home using the wagon box and the tarp-like wagon sheet. 

Crops were not the only medium of exchange.  Most wagon groups had a herd of hogs or a few cattle with them. Livestock could be traded as well as crops.  Once the trade or even a rest period was complete, the pioneers moved on to another locale.  Once they found land that suited them, they may have begun the process of obtaining property.

Others like my Bailey Hill, a third great-grandfather, hopped around from pillar to post, farming here and there until the grass appeared greener on the other side.  He did that from Franklin County, Tennessee to central Arkansas to east Texas and then to the Texas frontier.  Parker County was a new county and desperately needed tax money.  The sheriff issued an ultimatum to Bailey Hill: file a pre-emption homestead and pay taxes or go to jail.  For once, Bailey Hill made a reasonable decision and filed for a homestead by proving he had been on the land three years and made improvements.  And there he stayed for the rest of his life.

Posted in Uncategorized | Leave a comment

Springtime has come to North Texas

 

Flowering Quince

Flowering Quince often marks the site of old homesites in North Texas.

Spring time has come to north Texas. Every morning the robins, mockingbirds, and other native song birds awaken us with their lovely and lively tunes. Everywhere daffodils and forsythia are bursting with bright yellow blossoms. The dull gray of winter is slowly leaving us.

A drive through rural sections of north and east Texas reveals places where daffodils, forsythia, Bridal Wreath (spiraea), and flowering quince appear to grow wild. In fact, they almost are. When pioneers left their old homes, some one would give a cutting, seeds, or bulbs to the woman in order to brighten her new home. These treasured gifts were carefully carried to the new home, lovingly planted in the spring, and often given to others as a pass-along plant. When the family moved on, the wife took cuttings, seeds, or bulbs along to remember the old home.

Long after the wife was gone the plants continue to brighten the rural Texas landscape before grass and trees turn green. Often the farm house has fallen in or been torn down. But the legacy of those pass-along plants lives on.

Posted in Uncategorized | Leave a comment

Tracing Yeoman Farmers and Plain Folk

Carol Coley and Virgil Seay

Carol Coley Taylor and her grandfather, Virgil Seay

This blog was created to assist genealogists, local historians, history buffs, and generally curious people to learn about the average American citizen from the 1700s through the 1930s. By the 1850 census, over 90% of Americans lived in rural areas. In the South, this figure remained high until the 1930s when economic disaster and unimaginable droughts brought farmers and others to their knees.

During Colonial America, farmers throughout the colonies were referred to as “middling,” a term loosely meaning middle or middle class. These were definitely not the Planter Class but what Thomas Jefferson called “yeomen.” Jefferson had high hopes for democracy among the Yeomen Class of citizens. There were no airs or pretenses among the farmers and middle class citizens, at least in Jefferson’s mind.

During the Civil War, Confederate draft laws exempted anyone who owned or supervised twenty or more slaves. This contentious plan added to class resentment and eventual desertions among many of the yeomen class in the war. Pockets of yeomen farmers throughout the South sided with the Union, the land of their fathers. These Unionists had few if any slaves and often called the war “A rich man’s fight; but a poor man’s war.”

In the early 1900s the new professional historians coined the term Plain Folk to refer to Jefferson’s yeomen. In this blog the terms yeomen, plain folk, and middling will be used interchangeably, although in somewhat chronological order. You will discover that the term yeomen is my favorite term; possibly because I think Thomas Jefferson was a very unique and human person. Besides, I am fascinated with his gardens and gardening skills; but that is another blog.

Posted in Uncategorized | Leave a comment