A divorce a mensa et thoro is a legal separation without affecting the
marriage itself. See Black's Law Dictionary.
HBG
At 10:32 AM 8/10/2005 -0500, Paul Drake wrote:
>Mr. Gill. As I understand the law, at that time period the circuit court
>had the power to grant divorce a mensa et thoro and the power to recognize
>the corollary to those separations by finding the wife to be a sole
>trader. If I am wrong, please tell me (and all subscribers) in order that
>others do not err in the matter and go hunting divorces a mensa et thoro
>in courts' minutes or orders. Thanks. Paul
> ----- Original Message -----
> From: H. B. Gill
> To: [log in to unmask]
> Sent: Wednesday, August 10, 2005 9:23 AM
> Subject: Re: divorce in antebellum America
>
>
> The only legal divorce in Virginia before 1827 was by act of the
> legislature. The first petition for divorce presented to the Virginia
> legislature was in 1789. See my article, "Till Death (or the Legislature)
> do us Part," in the Colonial Williamsburg Journal, Autumn 2003, pp. 30-35.
> H, B. Gill
>
> At 06:46 AM 8/10/2005 -0500, Paul Drake wrote:
> >Hi, Marietta. The ad does not reveal divorce, however it demonstrates
> >that, if true, he had a basis for seeking divorce. Yet, without knowing
> >the result of his further actions through courts' minutes or legislative
> >acts, you can not so presume. She may have returned, he may have gained a
> >divorce from "bed and board" (a mensa et thoro) or he may have been
> >granted a full divorce (a vinculo matrimonii).
> > ----- Original Message -----
> > From: Marietta Sexton
> > To: Paul Drake ; [log in to unmask]
> > Sent: Wednesday, August 10, 2005 12:19 AM
> > Subject: Re: divorce in antebellum America
> >
> >
> > Two of my great, greats (one in VA 1770 and the other in GA 1797 )
> posted
> > messages in the Augusta Chronicle
> > and the Virginia Gazette, basically the same : Whereas my
> wife-----, has
> > eloped from my bed , I hereby forewarn
> > all persons from trusting her on my account as I will pay no debts
> of her
> > contracting.
> > Neither wife was menrioned in their wills. Wouldn't this signify a
> > divorce ?
> > Marietta
> > ----- Original Message -----
> > From: "Paul Drake" <[log in to unmask]>
> > To: <[log in to unmask]>
> > Sent: Tuesday, August 09, 2005 8:14 AM
> > Subject: divorce in antebellum America
> >
> >
> > I have received a lot of question lately concerning divorce in the
> > pre-Civil
> > War South. Here is a simplified, copy and paste article with helpful
> > end-notes that might help a lot of folks. Paul
> > http://www.arches.uga.edu/~mgagnon/students/Marino.htm
> >
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