Court Case 1886

State of Kansas in the District Court  Norton County to the April Term 1886

Elizabeth Turner plaintiff vs Edwin M. Turner and Benjamin Turner Defendants.

Motion for order in reference to temporary Alimony and Suit-money.

She tells about her leaving in 1882 for Blissfield MI. and E. M. was supposed to send money for alimony and support of children, but all received was 5 dollars.

Her first husband was deceased when she married Turner.

Continue of case papers: That the said plaintiff is in very poor health and unable to support herself by labor and unable to labor for the support of her said children and is in destitute circumstances both for food and for clothes and that she would be entirely un-provided for but for the charity of the people of the county where she lives.

That her said husband is a practicing physician at said Norton and has a fairly lucrutative practice and is making therefore as she is informed and believes ten hundred dollars to twelve hundred dollars per year, and that he also has and owns a team of horses, a harness for said team, and buggy, office and household furniture, meat cattle, hogs, moneys and credits aggregating the probable values of twenty-five hundred dollars; also that he is possessor of the following describe real estate in said county of Norton town site: the NW1/4 of  section 5 in township 2 range 22 of the probable value of fifteen hundred dollars; also Lot 29 in Block 19 in the Norton Association Addition in the town of Norton of the probable value of Three Thousand dollars, also a certain interest in an to a certain five acre tract in town site; the N1/2 of the S1/2 of the NW1/4 of section 3 in township 3 range 23 in said county, by virtue of a title bond executed by one Joseph Boddy of said county to said defendant Edwin M. Turner, of the probable value of two hundred and fifty dollars ; and that said defendant is amply able to financially to support his own family.

That plaintiff is desirous of being present at the next term of said court to prosecute her said petition, but that she has not the means to defray her expenses from said Blissfield to said Norton nor any way of providing for her children during her absence.

In view of all the foregoing facts she prays the said Judge of the said court to make an order commanding said defendant to deposit with the Clerk in this court the sum of $300.00 for the use of and to be paid to this defendant by said clerk upon her order, said money to be paid by defendant either in gross or in installments as maybe deemed best . Said money to be expended by this plaintiff in the support of herself and family during this suit and in defraying the expense of coming to said Norton to attend the trial.

And further that the court also allow a reasonable fee to plaintiffs attorneys for preparing this case for trial to be paid by said defendant.

And plaintiff further says that the said Edwin M Turner in order to cheat and defraud this plaintiff and to prevent her from obtaining a satisfaction for any decree for alimony she might obtain against him has on this day of-----18 the following described real estate town site Lot 29 in Block 19 in Norton Town Association addition to the town of Norton, Norton County Kansas conveys without consideration to one Benjamin Turner which was made for the purpose aforesaid but which said last piece or parcel of land is in truth and in face the property of said defendant herein.

And further that the Judge at a foresaid may grant a restraining order, therefore against said defendant and said Benjamin Turner, from selling, transferring or any wise changing the condition or title of all of said property as aforesaid, until the rights of the parties hereto are finally adjudicated.

State of Michigan, Lewanee County –Elizabeth says she has heard the above and it is true.

Sworn before J. Carpenter, Notary Public the 18 March 1886.. Her Attorneys are E. S. Jones and C. D. Jones  filed April 16, 1886.—A Dr. Kimberling? of Blissfield says in note she is not able to work, and F. W. Lawsen states the county has been helping with necessities.

More notes from court; #265—Garnishment Jan. 28, 1896.

E. M. Turner supposed to pay Elizabeth $12.00 every three months for care of Jennie since 13 Oct. 1883. Was a judgment issued and returned. No property found and on 13 Dec. 1895 execution issued against the property of Turner, was returned by sheriff 29 Jan. 1896 No  Property Found.

#139- Plaintiff says that she believes John Gleason is indebted to E. M. and has property of E. M.’s in his possession and under his rules.

John Gleason to appear and answer question on indebtedness of E. M. 28, Jan 1896. John owed $22,50 and this was to go to Elizabeth. I believe this and the five dollars is all she every got.