M'caulley v. M'caulley

1 Del. 137

• Court: Superior Court of Delaware
• Decided: July 5, 1833
• Status: Published

Opinion

The Court

proceeded notwithstanding to hear the case and the facts being fully established they made the following decree:

“And now, to wit, this thirteenth day of April in the year of our Lord one thousand eight hundred and thirty-three, upon the hearing of this cause, it appearing to the court that the said Robert M. M£Caulley and Priscilla M£Caulley were lawfully married at the time in the petition set forth, and were and are lawful husband and wife, and as such have been commonly held, reputed and taken to be; and it further appearing to the said court, that the said Robert M£Caulley, after the solemnization of the said marriage, being altogether unmindful of his conjugal vow, did commit the crime of adultery, and that he did also treat the said Priscilla MUaulley his wife with extreme cruelty: it is therefore considered, adjudged and decreed by the court that the marriage between the said Robert M. M£Caulley and Priscilla M‘Caulley ought to be dissolved; and the marriage aforesaid between the said Robert M. M£Caulley and Priscilla M£Caulley is (according to the statute in such case made and provided) pronounced and declared to be dissolved, and the said parties to be divorced and separated accordingly; and that all and every the duties, rights and claims accruing to either of the said parties by reason of the said marriage shall henceforth cease and determine. And it is further considered, adjudged and decreed that the said Priscilla M£Caulley shall be restored to all her lands and tenements; and that she shall be further allowed out of the real and personal estate of the said Robert M. M£Caulley the sum of one hundred dollars; and it is also ordered, adjudged and decreed that the said Robert M. M£Caul-. lev pay the costs in this cause.”