17 July 2011

Update Divorce Action in Williams County, Ohio - Dailey (Roll 47)

Jeremiah E. Dailey v Lusincia S. Phillips Dailey (Journal 8 p398 - 3 Nov 1875; p489 - 9 Mar 1876; p539 - 22 May 1876; Journal 15 p72 – 17 July 1889 case number 2072; Roll 28 case number 40; Roll 47 Box 156 case number 2077 – 4 May 1889)

By Pamela Pattison Lash (updated 17 July 2011)

There are two things that need to be mentioned about this case.
1.  The spelling of the wife is all over the map – Lusina, Lusena, Suannah, etc so I tried to keep it as accurate per document as possible.
2.  This is another is a long line of documents for a divorce.  This time it is the husband, Jeremiah, who wanted a divorce.  As was the case before, Lusena asked for a dismissal and the court agreed.  Here is the information from the latest proceeding uncovered for the couple.

Jeremiah stated that the couple was married on 15 April 1845 in Maumee City, Lucas Co, OH. (Note different date from the Roll 28 info).  He said Lusina was guilty of gross neglect and had abandoned him.  She refused to live with him for three years or more. 

Lusina in her answer denied these charges.  She inherited 11 acres of property in Wood Co, OH valued at $1,000.  In 1860 Jeremiah converted this as his own property and later he conveyed property of Lot 6 Bostater’s Addition in Bryan (but never mentioned in proceeding to whom he conveyed this).  Lusina was in poor health and needed the rent from land at $5-6.50 per month.  She said Jeremiah is in good health and able to work.  He owned Lot 268 Edgerton and Trevitt’s Addition in Bryan where the family homestead sat.  Later Lusina wanted the case to be dismissed.  Evidently it was dismissed.  Journal 15 shows that on 17 July 1889 the divorce action was indeed dismissed recorded as Jeremiah Dailey v Lusena L Dailey.

Susanna Lucina/Lusena Philips Dailey v Jeremiah E. Dailey (Journal 8 p398 - 3 Nov 1875; p489 - 9 Mar 1876; p539 - 22 May 1876; Roll 28 case number 40; Roll 47)

A. Rapp, a Catholic priest, married the couple in Maumee, Lucas Co, OH on 21 Apr 1845.  Susanna told the court the date was 15 May 1846. The family was enumerated in the 1850 Troy, Wood Co, OH federal census, p218, as Jeremiah Dailey 26 CAN, Susan 25 NY, and children John 3 OH, Mary M 4 OH, and Sarah 1 OH; his parents Cornelia and Catherine Dailey, both natives of Ireland, were next door neighbors along with Jeremiah’s siblings.  In the 1860 Bryan, Pulaski Twp federal census, p33, the family was listed as Jeremiah Dailey 35 Upper Canada, Susan 34 NY, and children all born in Ohio, Mary 14, John 12, Sarah 10, Jeremiah 8, and Alice 2.  In the 1870 Bryan federal census, p43, the family appeared as Jeremiah 45 CAN teamster, Luena 44 NY, Jeremiah 19, Alice 13, and Jennie 5.

Susanna was a resident of Ohio for more than 30 years and more than 20 years of those were in Wms Co.  She stated that on 1 Apr 1871 in Bryan Jeremiah was violent to her; in fact a year after they married he was violent and abusive, and he refused to buy her clothing.  On 15 Sept 1873 he was cruel and neglectful and left her for a time. She catalogued abuse on 20 July 1874 when he refused her a table to eat on and proper food.  On 20 May 1875 he kicked her out of their home.  Susan stated that she was 48 years old and the last four years she has been in poor and feeble health, living through charity of her friends and neighbors in Pulaski Twp; she even asked for help from the township trustees.  On 15 Jan 1874 he committed assault and battery on her. 

The couple had the following children: Mary (28) married to Byron DeLong, John (27), Jeremiah S. (24), Alva Alice B. (18), a child named Sarah (b1850) who died young, and Jennie (10).  Jeremiah owned Lot #268 in Edgerton and Trevitt Addition, Bryan, valued at $2800 plus much personal property.    Throughout the course of these proceedings Susana amended her petition, asked for reasonable alimony of $300 one time and $110 another. This case was dismissed.

According to the 1880 Bryan federal census, p641B, the Dailey household appeared as JE 55 CAN street commissioner with Irish parentage, Jeremiah 27 OH laborer, Lucena 54 NY with Massachusetts parentage, and Jennie 15 OH.  Jeremiah Dailey (1824 - 1901) and Lusena, his wife, (1826 - 1896) were buried together in the Bryan Fountain Grove Cemetery.  Lusena’s obit in The Bryan Democrat, 3 Sept 1896 p5 c5, stated that Lusena L. Phillips Dailey was born in Canandaigua, NY on 28 Jan 1826 and died 17 Aug 1896 at 70Y 6M 19D.  She was the mother of eight children with five preceding her in death.  She left a husband, a son, and two daughters to mourn her.

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