| Notes |
- Know all men by these presents that .........Elisha Whittington and Thomas Choate are held and firmly bound unto Thomas Bolling Robertson Governor of the state of Louisiana, and to his successors in office in the sum of one thousand dollars, the which payment well and truly to be made and done, we bind ourselves ....(entire line obliterated)....severally, firmly by these presents ........... under our hands............. at Opelousas, this seventh day of July one thousand eight hundred & twenty four.
The condition of the above obligation is such, that whereas the above bound Elisha Whittington hath this day obtained a License to marry Malina Dalton. Now if there should be, or hereafter appear, no lawful cause to obstruct the said marriage, then this obligation to be null & void, otherwise to remain in full force.
Witness: Ben B Jefferson Elisha Whittington (seal)
Ths. Choate (seal)
======================
July 7th 1824
Judge Kinge sin you oblige me to let Elisha Whittington have licence four to wed my dautor
Melina Dalton.
Teste --- Ths. Choate Delilah Dalton
=======================
From 1824 until about 1831, they lived near Opelousas, most likely at Bayou Chicot.
1830 St. Landry Parish, Louisiana census, p. 45 "Schedule of the Whole Number of Persons within the Division allotted to Lewis Andress By the Marshal of the Western District (or Territory) of Louisiana" -- Elisha is listed seventh household from top of page, listed under category "Free Colored Persons":
2 males under 10 years of age (John Dalton & Harbert)
1 male 24 - 36 years of age (Elisha)
2 females under 10 years of age (Jane & Ann Elizabeth)
1 female 24 - 36 years of age (Melina)
1 female 55 - 100 years of age (perhaps this is Melina's widowed mother Delilah Holstein Dalton)
The whole household is enumerated as free colored persons. The family of John Whittington, Elisha's brother is listed as "white."
Who were the two females under 10? These must be Jane and Ann Elizabeth -- who are listed by some as children of Mary Milam.
In March 23rd, 1836, St. Landry Parish, Louisiana, Elisha filed petition for divorce against Melina Dalton "in absentia", saying that she had abandoned him in June of 1831. She never answered the charges, the divorce was granted May 26, 1837 and Elisha retained custody of the children born in Louisiana and soon remarried Lucinda Futch and had a large family with her. He lived out his days in St. Landry Parish.
=======================
To the Honorable Judge of the fifth judicial district in the western circuit division of the State of Louisiana, holding Court in and for the Parish of St. Landry----
The petition of Elisha Whittington a resident in the Parish of St. Landry respectfully sheweth --- That some time about the month of July in the year one thousand eight hundred and twenty four he intermarried with Melvina Dalton his wife, and lived with her always treating her kindly, until about the month of June in the year one thousand eight hundred and thirty one, when in violation of her marriage vows and without any good cause for so doing, his said wife abandoned him and went off into the Province of Texas without the territorial limits of the United States, and has been there living for a considerable time in the habit of committing adultery with some person or persons to your petitioner unknown, and has actually brought forth one or two illegitimate children -- since she abandoned your petitioner -----.
The premises considered, your petitioner prays that a curator ad hoc may be appointed to represent and defend his said wife in this suit, that such curator ad hoc may be cited, as the law directs, to appear before your Honorable Court, to answer to this petition, that after hearing the evidence a judgment may be legally rendered in your petitioner's favor against the said Melina Dalton, divorcing him and her from the bonds of matrimony and placing them in the same situation in relationship to each other as if they had never married. -- He prays for all other and further relief, in the premises, that law of equity will allow Je. --
Thos H. Lemiz Atty.
for Petitioner
Let Caleb L. Swayze Esqr. be and he is hereby appointed curator ad hoc to represent & defend the aforesaid Melina Dalton the defendant, and let citation issue as prayed for.--- Given at Opelousas this 23d March A.D. 1836 ---.
S Lewis District Judge
Filed 23d March 1836
Robert Taylor DLblksd Court
=======================
Elisha Whittington Court of Fifth District
vs. Parish of St. Landry Louisiana
Melina Dalton Spring term 1836
The defendant in the above entitled suit for answer to Plaintiffs Petition denies all and singular the allegations therein contained wherefore she prays that Plaintiffs Petition may be rejected at his costs and for further answer says that Plaintiff maltreated her that he failed to furnish her with the necessaries of life, denying her the dues of matrimony and devoted that which justly and legally belonged to her by the act of marriage to another use & gratification and for further answer denies ever having committed adultery and puts him to strict proof of the allegations in said petition contained. &
Garland & Swayze
Attorneys for Defendant
Filed 24a May 1836
Robert Taylor Dlblksd Court
=======================
Elisha Whittington District Court
vs. No. 2224
Melvina Dalton his wife Parish of St. Landry
Spring Term 1837
On the trial of this cause the plaintiff having satisfactorily proven all the material allegations in his petition contained and particularly the acts of adultery charged upon the defendant and the law and evidence being in favor of the plaintiff and against the defendant (see acts of the Legislature _?_.130 section 8. act relative to divorces. Approved March 19th 1827 ) -- It is therefore ordered, Judged and decreed by the Court that the plaintiff Elisha Whittington and the defendant Melvina Dalton his wife be, and they are hereby, forever divorced from the bonds of matrimony, and placed in the same situation with regard to each other as if they had never been married. That the plaintiff be entitled to keep the custody of the children issue of and marriage now in his possession ---
It is further decreed that the defendant do pay the costs of this suit to be taxed -- and that twenty five Dollars be allowed to Caleb L. Swayze Esqr. curator ad hoc appointed by the Court to defend this suit---
Signed in open Court this 26th day of May A.D. 1837. ----- H. Myer Judge of the fifth District
Married:
- Her mother, Delilah, gave consent and a Baptist minister performed the ceremony. "Louisiana Marriages to 1850" on www.ancestry.com notes: Dalton, Maline married Whittington, Elisha on 07 Jul 1824 in St. Landry Parish, Louisiana.
|
