State of Indiana
Tippecanoe County
Tippecanoe Circuit Court
February Term 1847

Mary M. Wiggins
vs.
Lemuel G. Wiggins
In chancery for divorce

To the judges of said court in chancery sitting.

The petition of Mary M. Wiggins showeth unto your honor that the causes of divorce set forth and charged in the Bill of said complainant are wholly untrue, and she further showeth that the said complainant and this petitioner are now and have been ever since their separation living apart by agreement, and in pursuance of an expressed wish of the complainant at the time of such separation.  And your petitioner further showeth that said complainant for some time previous to such separation refused to treat your petitioner as a wife and his conduct to her was marked by cold  neglect, and studied insults.  And your petitioner further showeth that the said complainant has failed to provide for the support of your petitioner for the last three years.  And your petitioner further showeth unto your Honor that she is poor and has been compelled to make a living by her own manual labour for herself, and child by a former marriage, and if she is forced to pay the expenses of a defense to this suit it will be serious to her as it will take that which would be necessary for the clothing and subsistence of herself and child.

And your petitioner further showeth that the complainant possessed of a considerable amount of property but to what amount this petitioner is unable to state, and your petitioner believes that to secure her rights in the premises it is reasonable and just that said complainant by an order of this court be compelled to provide your petitioner the means for the defense of this suit as your petitioner has been unwillingly brought into this court to answer a Bill filed by him whose duty it is to provide for your petitioner.  And your petitioner further showeth unto your Honor that she believes she has an interest in the defense of this Suit not only to vindicate her character and procure a provision for her future support but this petition has been advised and believes it to be true that said complainant was during the coviture of your petitioner with the said complainant, seized in for a larger and valuable real estate, in which your petition has never conveyed or released a right of dower.  And your petitioner further showeth that she cannot safely enter upon the trial of this cause at this present term of this court for the want of the testimony of Nancy Timmons who is a competent and material witness for her and the trial of this cause.  This petitioner expects to be able to prove by said witness that when this petitioner left the house of complainant it was by his express consent and direction and that this petitioner then told complainant that it should be as he wished that if he wished she would stay but if it was his wish she would go and that complainant then expressed his wish that your petitioner should leave and this petitioner knows of no other witness by whom she can prove the same facts and this petitioner so far as a continuance is concerned is not made for delay but for the furtherance of justice and that your petitioner expects to be able to provide the testimony of said witness by the next term of this court if this cause is continued and further that your petitioner has been informed and believes it to be true that said witness has been duly subpoenaed to attend at this term but is not in attendance and further that said witness is a resident in said county of Tippecanoe.

Your petitioner therefore prays that this court would make an order compelling said complainant before he proceeds further with this suit to provide means to this petitioner to pay the expenses of her defense, and further  that the court may make such further and other order as justice and equity may require and further your petitioner will ever pray so.

Subscribed and sworn to in open court this 27th day of February A. D. 1847
Mary M. Wiggins

Mark Jones, Clerk
By D. E. Crane