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is now in the enjoyment of a seperate Estate by virtue of the will of her father,
Complainant is a resident of Limestone County and has been for more than three years
Respondent having fully answered prays to be hence dismissed etc
J. W. McClung Solicitor for Defendant.
[margin] verification of Answer State of Alabama } Limestone County} Personally appeared before me Robert W Figg an acting Justice of the Peace of said County and State, said Susan Hardin, and after being duly sworn states that the facts set forth in the foregoing answer on her own information, are true, and those stated on the information of others she believes to be true.
Sworn and subscribed bbefore me } Susannah J Hardin this 16th day of September 1846. } Ro. W Figg. J. P. (Endorsed)
[margin] When filed Filed in the Office of the Register of the Chancery Court of the 31st District of Northern Division of the State of Alabama this 16th September 1846 Test. Robert Austin Register
[margin] Complainants Testimony. Commission to take. (Testimony of complaintant) The State of Alabama, I, Robert W Figg of the County of Limestone in the State of Alabama Greeting. Know ye, that we in confidence of your prudence and fidelity do hereby commission, authorize, and require you to call and cause to come before you at such time and place as you may appoint, William Pilant, Witness in behalf of the Complainant in a certain cause now pending in the chancery court held for the 31st Chancery District of the State of Alabama, at Athens, wherein John Hardin is Complainant and Susan Hardin is Defendant, and him afyter being just duly qualified on Oath examine in the interrogatories of said Complainant hereunto annexed, and such examination so taken from under your hand and Seal send certified to the Register of said Chancery Court, at the term thereof to be held at the courthouse in the Town of Athens on the 4th Monday in May next to be read in evidence on trial of said cause, witness Robert Austin, Register of said Chancery Court, at Office in Athens this 27th day of October in the year of our Lord One thousand Eight hundred and forty six, and of American Independence the 71st year, Test. Robert Austin, Register, C. C.
In Chancery at Athens
[margin] Complainants Interrogations to William Pilant Interrogatories to be propounded to William Pilant, of the County of Limestone, and State of Alabama, the answers of which to be read in evidence on the final hearing of a cause now pending in the Chancery Court of said County and State, wherein John Hardin is complainant, and Susan Hardin is Defendant in behalf of the Complainant,
Interrogatory 1st Are you acquainted with the parties to this cause? Integorratory 2nd Were they ever married; and if so did they ever seperate and when? were you present at the seperation; if so state what occured? Interrogatory 3rd Did Defendant voluntarily abandon Complainant with the intention of never returning ? Interrogatory 4th Did Complainant make any effort to prevent her leaving or to induce her to return; if so what were they and their results ? Interrogatory 5th How long has Complainant been a resident of this County and State ?
[margin] Caption of Deposition The State of Alabama. } - (Endorsed) Executed and Copy left Friday the 16th October 1846 J. Collier Shff. Limestone County } By virtue of the annexed commission to me directed
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page 470 from Robert Austin Register of the Chancery Court , held for the 31st Chancery District of the stste of Alabama at Athens, I have called and caused William Pilant to come before me at my office in teh town of Athens in the county of Limestone, for the purpose of taking his deposition on behalf of complainant, to be read as evidence in a certain suit now pending before said chancery court, wherein John Hardin is complainant and Susan Hardin is Defendant, and him the said William Pilant being first duly sworn by me, and charged to speak the truth the hold truth and nothen but the truth im the premises deposeth and say in - [margin Testimony of] Answer to the 1st Int. - I am William Pilant] Answer to the 2nd int - They were married, and did seperate, but the exact time I do not recollect, It was some time in June in the year Eighteen hunderd and forty three, I was present at teh seperation , Mr Hardin in the morning of the seperation came to my house, and asked me and my wife. to go to his house and try and induce his wife to stay , we did go, and I talked with her and tried to persuade her to remain but she said she would not. Mr Hardin insisted very much in her remaining , and tried to git to talk to her privately but her sister Mrs Glaz interfered and he did not git to do so, she left his house against his expressed wishes , and took all the property tha she brought them Answer to the 3rd int - She left voluntarily , but I do not know what wre ? her intentions about returning , She never has returned , - Answer to the 4th Int , He made every effort I thought a man could, to prevent her leaving , and was alway anxious for her to return, I went with him over to her father, where she was ,in order to induce her to return, but she went into another room and would not see him, or let him talk to her at all, he persuaded her father and mother to let her go back, but her father told him to never come back any more on that business, answer to teh 5th Int, - Twenty Six years , Furthermore this deposent saith not Sworn to and subscribed before me this 1st day of Decemeber 1846 [Margin Commissioners Certificate] Ro. W. Frigg , J,P I Robert W Frigg - certify that the above deposition of William Pilant was taken at the time and place mentioned in the caption, after the deposent had been sworn that the said deposition was read to him and heard throughout , and by him fully approved and signed and that the said deposition was not our of my possession until the same was sealed up and delivered to Robert Austin Register of the Chancery court for the 31st Chancery District of the State of Alabama at Athens, Given under my hand and seal this 1st day of Decemebr 1846, - Ro, W, Frigg, Course? Seal [Margin Commision to take ] The State of Alabama To Robert W Frigg of the County of Limestone in the stse of Alabama Greeting Know ye that we in confidence of your prudence and fidelity, do hereby commiss ion, authorize and require you to call and causeto come before you,at such time and place aas you may appoint , John T Hardin, Susan E Hardin and Franklin J MAlone , witness in behalf of the complainant in a certain cause now pending in the chancery court , held for the 31st Chancery District of the state of Alabama at Athens, wherein John Hardin is complainant and Susan Hardin is defendant, and there after being first duly qualified on oath examine on the interrogations of said complainant hereto annexed and such examination, so taken from under your hand and seal, send certified to the
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Register of said Chancery Court, at the term there to be held at the Court house in the town of Athens, on the 4th Monday in May next, to be read in evidence on the trial of said cause, Witness Robert Austin Registerof said Chancery Court at Office in Athens this 19th day of October, in the year of Our Lord One Thousand Eight hundred and forty SIx and of American Independence the 71st year , Test Robert Austin, Register, C,C, In Chancery at Athens [margin Interogatories] Interogatories to be propounded to John T Hardin, Susan E Hardin , and Franklin [to John T Hardin] J MAlone, of the county of Limestone, and State of Alabama, the answers to which to be heard in evdence, on the final hearing of a cause, now pending in the Chancery court of the said County and State, wherein John Hardin is complainant and Susan Hardin is Defendant, in behalf of complainant , Interogatory 1st - Are you acquainted with the parties to this cause; and if so were they ever married and when and were you present ? Interogatory 2nd - How long did they live togetehr as man and wife, and when did they seperate? did Defendant abandon Complainant and if so has she never returned or signified a willingness to do so ?was her abandonment voluntary? Interogatory 3rd What was the deportment of Complainant to Defendant while she was with him? What were your opportunities to witness it ? did you ever hear Complainant sporeak disrespectfully of her before her elopement ? did you ever hear defendant complain of Complainants treatment, or the contrary? Interogatory 4thDid Complainant ever make any efforts to induce her to return to her duty as a wife , and if so what were they, and their results ? Interogatory 5th Is the defendant well known by the name of Susan, as of Susannah ? Interogatory 6th How long have the parties been resident citizens of the county and State aforesaid ? Egbt J Jones, Sol, for Counsel (Endorsed) __ Executed and Copy left Friday the 16th October 1846 J.Collier. Sheriff. The State of Alabama SS Limestone County By virtue of the annexed commission to me directed from Robert Austin Register of the Chancery court held for the 31st Chancery District of the State of Alabama at Athens, I have called and caused John T Hardin to come before me at my office in the town of Athens , in the county of Limestone in the State of Alabama, for the purpose of of taking there deposition on behalf of Complainant, to be read as evidence in a certain suit now pending before said court wherein John hardin is Complainant and Susan Hardin is defendant, and then the said John T Hardin, being duly sworn by me and charged to speak the truth the hold truth and nothing but the truth in the premises deposeth and says to the Margin Testemony of John T Hardin 1st; Int 1st , they were married and were present at there marriage , Ans to 2nd Int. They wer married 2nd June in the year Eighteen hundred and forty two and they seperated fouteenth od 15 of July in the year Eighteen hundred and forty three, the defendant did abandon complainant, she has never returned or signified a willingness to do so, she abandonent complainant voluntarily. Answer to 3rd Int. The Complainant deportment towards defendant while she lived with him, was as an affectionate husband . I lived in the house that they lived in from the time they were married till they seperated. I never heard complain= =ant speak disrespectfully of defendant while they lived together , nor I never heard complain of bad treatment of complainant. - answer ot 4th Int Complainant did make efforts to induce defendant to
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return through me and others but she could not be prevailed on to return .- Answer ot 5th Int _ Defendant is well known by the name of Susan . Answer to 6th Int _ They have been citizens of the county and State ever since I knew them, Sworn to and Subscribed before me this 17th day of April 1847 Ro H. Figg Comsr margin Commissioners Setificate I Robert W.Figg do certify that _ above deposition of John T Hardin was taken at the time and place mentioned above, after the deposent had been duly sworn that said deposition was read to him and heard throughout, and by him fully approved and signed, and that the said deposition was not out of my possession until the same was sealed up and delivered to the Register of the said Chancery Court, Given under my hand and seal this 20th day of May 1847. _ Ro. W Figg Commr Seal The State of Alabama Margin Commision to take To Franklin Malone , of the County of Limestone in theState of Alabama Greeting Know ye, that in confidence of your prudence and fidelity , do hereby commission, authorize and require you to call and cause to come before you , at such time and place as you may appoint, William Rhodes and Nancy Rhodes, Witness in behalf of the complainant , in certain cause now pending in the Chancery Court , held for the 31st Chancery District of the state of Alabama at Athens, wherein John Hardin is complainant and Susan Hardin is defendant and the nafter being first duly qualified on oath, examine in the interrogatories of said Complainant hereunto annexed , and such examination so taken from under your hand and seal send certified to the Register of said Chancery Court at the term thereof to be held at the courthouse in the town of Athens, on the 4th Monday in MAy next, to be read in evdence in the trial of said cause. Witness Robert AUstin Register of said Chancery Court, at Athens this 30th day of November in the year of our Lord One thousand eight hundred and forty six, and of American Independence the 71st year Test Robert Austin, Register CC In Chancerey at AThens
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