William Binion vs. Eliza Binion

(Transcription follows scanned documents)

Petition for equity between William Binion and his second wife, Eliza Thompson Binion.

This is the William who was married to Susan Holbrook. He was my husband's 3rd great grandfather.

Here is what I suspect, but so far have not proven:

William Binion, b. abt 1818 in TN. married Susan Holbrook. After her death he married Eliza Louisa Bailey Thompson, b. 1851.

Eliza Louisa Bailey, b. 1851, married William M. Thompson, b. 1848. After he died, she married William Binion.

William and Susan Holbrook Binion had a son, Isaac (married to Nancy Garris and then to Abbie Barker). Isaac and Nancy had a son, William, b. 1878.
William M. and Louisa Bailey Thompson had a daughter, Almeda Thompson. William (b. 1878) married Almeda Thompson.

Thus, William (grandson of William, b. 1818) is now married to William's (his grandfather's) step-daughter, Almeda Thompson.
That would make William's wife, also his great-step aunt? The relationship chart says that William Binion is the second cousin of the husband of Almeda Binion.

Transcript of Foregoing Documents 
Transcription of Court Case from original papers by Pamela Binion
( ) any comments in parentheses are mine.  I tried to keep the original
spellings and abbreviations.
William Binion vs. Eliza Binion #8407 Petition in Equity Eliza Binion Filed February 9th 1892 Sumns & 1 Co iss ^ W. A. Davis, Clerk 7749 T. P. Carter Circuit Court William Binion Plft vs. Petition in Equity Eliza Binion Deft The Plaintiff William Binion states that he and the defendant Eliza Binion are now husban & wife and that the Defendant Eliza Binion is a Resident of Carter County Kentucky and has resided in Carter County for three years last past and is a resident of Carter County Kentucky at the present time, and that They were married the Saturday befor the 25th December 1891 and lived together about three week and the defendant abandoned Plaintiff and laid out with men of bad character & is still continuing shuch conduct and is having sexual intercours with yon Men and that boath parties have alway resided in Kentucky and still reside in said State and Plaintiffs cause of Divor occured within five years and in Kentucky. Wherefore Plaintiff pray that he be Divorced from the Defendant and be restored to all the rights of an unmarried man & all proper relief. William Binion (his signiture)
William Binion vs. Answer & Cross Petition Eliza Binion Filed February 25th 1892 Sumns & 1 Co issued attach granted. Attach & 1 Copy issd to Carter County. Attach & 1 Copy issd to Elliott Co W. A. David clk Prater for Deft (on side of paper) Sworn to before me by Eliza Binion Feb 25th 1892 Tho. W. Mitchel, Ex.CC Carter Circuit Court Wm. Binion Plff vs. Answer & Cross Petition Eliza Binion Deft The deft Eliza Binion for answer herein State that it is not true that She abandoned Plff. It is not true that Deft laid out with Man or Men either of bad or good character. It is not true that Deft is Still Continuing or ever did at any time Commit any Such Conduct as complained of in Plffs Petition. It is not true that deft is having sexual intercourse with two men, or any man whatever. It is not true that Plffs cause of action occured within five years or at any other time. The Deft for further answer Says that before her marriage to Plff he entered into a contract with her that he would marry her and take care of her children by her first husband, and after they had been married about three weeks, Plff told deft She had to make her children leave his premises which the children agreed to do if Plff would only take Care of and Support Deft. Plff then told Deft that She had to leave his premises, and he, Plff went and got a wagon and team and against defts consult loaded up her plunder and halled it a way from his premises. The Deft further Says that the Plff is the owner of a tract of land in Elliott County Ky where the Plff now lives and worth three hundred dollars and the Plff is also the owner of three yoke of Cattle worth $150.00 and two Cows worth $40.00 and three head of horses worth $150.00. That She Deft has every reason to believe and does Suspect that the Plff will fraudulently Sell convey or Conceal his property to prevent her from getting alimony out of it and for her Suport. She Says She has a valid and good defence to this action, and needs money to pay counsel, and the expence of taking proof that She is poor and has no property except one cow and calf, that her husband has an incum from his farm and Saw Mill and team and is ampelly able to contribute to her suport and that She is unable to give any bond in this action. Wherefore Deft makes this answer her answer and Cross Petition against the Plff Wm Binion and prays judgment for Eight hundred dollars and that she be granted an order of attachment against the Property of Plff and that Said Property be Sold to pay her claim herein and for costs and that Plffs action be dismissed and for all proper relief. Frank Prater, atty (his signature) for Deft. State of Ky Carter County/set (not sure if set is correct, hard to read) Eliza Binion says that She believes the Statements of this answer and cross petition are true. her Eliza X Binion mark
No. 139 EQUITY William Binion Vs. Summons in Cross Petition Eliza Binion Eliza Binion To March Term 1892 Prater , atty (written on left side) Executed February 25, 1892 by delivering to Wm. Binion a Copy of the within summens. John Johnson, Jailer O. O. THE COMMONWEALTH OF KENTUCKY, xCormen(?) or Jailer To the Sheriff ^ of Carter County, Greeting: You are hereby commanded to summon ___________________________ _____________________William Binion__________________________________ to answer on the first day of the next ______March______________ Term of the Carter Circuit Court, a ^ Copy ^ petition in equity filed against __him___ in said Court by ______________Eliza Binion______ and warn him that upon __his__ failing to answer the ^copy^ petition will be taken for confessed, or ___he__will be proceeded against for contempt, and you will make due return of this summons on the first day of the next __March__ Term of said Court. Witness: W. A. Davis, Clerk of said Court, this __25th __ day of __February__1892 W. A. Davis_____ Clerk (his signature)
93 Wm Binion vs. Judgment for F. Prater Eliza Binion _______________ _______________ Filed March 19" 1895 Recorded in Order Book No 24 page 38. Carter Circuit Court William Binion Plff vs. Judg. for Atty Fee Eliza Binion Deft This cause being Submitted for Fee of Frank Prater, atty for the defendant Eliza Binion and the Court after hereing the testimony and being advised adjudges that Frank Prater recover of the Plff Wm Binion the Sum of Fifty dollars with interest from March 18th 1895 until paid and his costs subject to a credit of Five dollars of even date, herewith, THE COMMONWEALTH OF KENTUCKY, or any Constable or Jailer To the Sheriff ^ of Carter County, Greeting: You are hereby commanded to summon ___________________________ _____________________Eliza Binion__________________________________ to answer on the first day of the next ______March______________ Term of the Carter Circuit Court, a petition in equity filed against __her___ in said Court by ______________William Binion______ and warn her that upon __her__ failing to answer the petition will be taken for confessed, or ___she__will be proceeded against for contempt, and you will make due return of this summons on the first day of the next __March__ Term of said Court. Witness: W. A. Davis, Clerk of said Court, this __9th __ day of __February__1892 W. A. Davis_____ Clerk (his signature)
Wm Binion vs. Steps in Equity Eliza Binion Carter Circuit Court William Binion Plaintiff Against / Steps in Equity Eliza Binion Defendant Petition in Equity filed February 9, 1892 Summons and 1 co issued Feb 25 1892 Defendant filed answer & cross petition Sums & 1 co issued attach grntd attach & 1 co issued to Carter Co. attach & 1 co issued to Elliott Co. Mch T.1892 O B 22,6. Deft filed answer & cross petition herein Feby 245, 1892 Same this day noted of record. Cause continued Sept T. 1892 OB 22, 258. Cause continued. March 1893 Cause continued June T. 1893 OB 22, 486 Cause continued. Oct T 1893 OB 23, 48. Cause continued Mch. T. 1894 OB 23, 213. Cause continued June " 1894 OB 23, 343. Cause continued Oct " 1894 OB 23, 469. Cause continued Mch " 1895 OB 24, 38. Cause submitted for fee of Frank Prater atty for Deft Eliza Binion. Evidence heard, Court advised, adjudges Plff Wm Binion pay Frank Prater atty $50.00 int from Mch 18, 1895 until paid and his costs subject to a Cr. of $5.00 of even date herewith & cause continued. June T. 1895 OB 24, 179. Cause continued Nov T. 1895 OB 24, 295. Cause continues Mch T. 1896 OB 24, 386. Filed away with leave to redocket.
Wm. Binion vs. Depositions Eliza Binion _________________ _________________ Filed February 25, 1892 by Examiner in Person. W. A. Davis Clerk The deposition of John Russell taken at the law office of J. R. Botts in the town of Grayson Carter County Kentucky on the 25th day of Feby 1892 to be read as evidence inan action between William Binion plaintiff and Eliza Binion defendant pending in the Carter Circuit Court. I am acquainted with William Binnion have been as long as I have known anyone and with the defendant for the last three years. They are reputed to be husband and wife. They are now living separate and apart from each other. The defendant lives in Carter County and each of them have lived in the State of Kentucky for the three years last past continuously. I met the defendant a short time ago at a corn shelling when we got done shelling corn, I was setting down and the defendant was near me. I took hold of her dress and pulled her and she set down in my lap and sat there some time. After a while me and a friend started down the Branch hame. Defendant and her sons went along with us. She walking by my side until we came the branch, and we all went on top her house. We went into her house after a while. My friend was getting sick and I said we had better be going. She said no we could stay ( the words "all night" are marked through). That my friend could lay on the the floor and we could both stay (the words "all night" are again marked through). While we were walking down to the branch she put her arm on my shoulder and then I put my arm on her shoulder and we walke on to the branch in that position. The night I went to the corn shelling, Franklin Segraves & James Fields went with me. Cross Examined by Defendant The corn shelling was at the house of Jake Field son in law of the defendant.There was not very many persons at the corn shelling only the neighbors of Fieldand defendant. It was Frank Segraves that was on the floor, he was drunk. This was after the plaintiff and defendant separated. On the trip down the branch spoken of by me, two of the sons of the defendant were along with us one was about 44 (could be 41) and the other about 16 years old. We all went along to gether the two sons, Segraves, and defendant and I. Her two were sober and that was on my route home. I am a neighbor of the defendant and have been three years, was at her house a few times during her first husbands life time. I am acquainted with the general reputation of the defendant in the neighborhood in which she lives. I am not acquainted with her reputation for chastity and virtue. I dont know that I understand what the word "chastity and virtue"means. She has a good reputation. She is a poor woman has but little property about her. I think her sons were present when I pulled her down in my lap. I believe I was the only one sitting down (two words marked through, can't read) at that time. Redirect" When she was sitting in my lap her sons made no objection to it. Jack Russell (his signature)
Also the deposition of Isaac Binion taken at the same time and place and for the purpose in the Caption above names. I am the son of the Plaintiff and am acquainted with the defendant in this action. I was at the house of the Plff the morning she took her thing from plaintiffs house. She asked me if I would take her things away, and I did so. I hauled them on a waggon to her house and put them in her house for her she went along with me. As we went along the road to her house Lonny Stone came along the road on horse back and overtook us. Stone got off his horse and walked along the road with the defendant. Jasper Bare got on Stone's horse and rode it, when we got to Pleasant Johnsons, Stone got on his horse and rode away, as he went away he said to the defendant when he got out of his difficulty if she needed any help call on him and he would help her. Stone gave her two drinks of whiskey while they were walking along the road together. It was between a quarter and half a mile that Stone and she walked together. The plaintiff and defendant lived together three weeks and two days. When she went away she left her husband at home. Of course she left him, she went away and she left him there. Cross Examined The team was my fathers with which I hauled her things. My father came to me and told me Eliza wanted them hauled away. After my father had asked her to haul her things away I went down to the house and then she asked me to haul them away. I heard nothing said between them anyway while I was there. When she and Stone were walking together I was driving the team Bear was riding beside me and Stone and defendant were behind the waggon. Her grown daughter a married woman and her small boy was along with she and Stone. It was in the daytime and along the County Road. This was the same day they separated and I was hauling her things home for her. Re direct his attest Isaac X Binion J. R. Botts mark State of Kentucky) SS Carter County ) I James R. Botts Examiner for Carter County Certify that the foregoing Deposition of Jack Russell and Isaac Binion were taken before me at the time place and in the action mentioned in the Caption. That they were duly sworn before giving them. That they were ? to ? by me in their presence and read to and subscribed by them in my presence. The plaintiff and J. R. Ward his attorney and the defendant and Frank Prater her attorney, being presant at the Examination. Given under my hand this 25 day of Fegruary 1892. J. R. Botts, Ex CC Examiners fee $2.00 Attest J. R. Botts Ex CC $1.00 paid by plaintiff
No. 198 EQUITY William Binion vs. Summons Eliza Binion To March Term 1892 J. R. Ward, atty (written on right side, cont. on left side): Executed on Eliza Binion by delivering to her a copy of the within Summons this 25 day of February 1892 (can't read name), Jailor Carter County (*note* John W. Riggs, Constable CCC is marked through.) I hereby appoint John Riggs to execute these summons this 15th day of Feb 1892. J. E. Walker of. P.E.C.

Submitted by: Pam Tankersley Binion

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