The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-25

The sensational divorce suit of Sa-
dies Kelsey against Lewis p. Kelsey.
with all it's complications, came to
a sudden and abrupt termination yes
terday by the defendant withdrawing
his answer to the complaint, admitting
all the material allegations thereof,
and allowing Mrs. Kelsey to take her
decree. She accepted $500 temporary
and permanent alimony in lieu of all
dover. thus relinquishing all interest
she had in the real estate which her
husband at any time owned. thereby
removing any cloud from the titles of
The present holders of real espa te
bought from Kelsey and conveyed to
them without Mrs. Kelsey joining in
the conveyance.
This settlement of the case is gem
orally considered the best disposition
that could be made Of it. The amount
of alimony is small, but Mrs. Kelsey
realized that her husband financial
affairs are not in very coed shape and,
as her attorney says, having fought
him to a finish aud beat him at every
turn she resolved to be magnanimous
The proposition to settle in the way
that was accepted came from Mrs
Kelsey, and having gained the ac-
acknowledgements that she was his wife
and their child legitimate. she IS sat
isfied.
Neither party appeared in court
resenting Mrs. Kelsey and At
torneys Dickson and Ellis. rep
resenting Kelsey, appeared be
fore Chief Justice Merritt The at
torneys for the defendant withdrew
the answer and the court being fully
advised in the law and the premises
made the following findings OF fact
and decree:
Findings of Fact.
First-Plantin and defendant at
the time of the commencement Of this
suit ana Tor more than one year prior
thereto We're actual and bona fide resi-
dents of the county of Salt Lake and
territory of Utah.
SecOnd-The plaintiff and defendant
intermarried at the city and county of
Salt Lake, IN the territory OF l tab on
or about the 10th day of October. 1888,
and ever since have been and now are
husband and VIE.
Third-That the only issue of their
said marriage is Lewis Marmaduke
Kelsey, a boy of the age of SIX years.
tourth-That for more than one year
prior to the commencement O. this
suit the defendant has continuously
deserted plaintiff and wilfully neglected
and refused to provide the common
necessaries of life or at all for the
plaintlff, although able SO to do. and
plaintiff has been during said times.
with her child, maintained by the
charity of her relatives and friends
and her own eXertions.
Fifth-That the child of plaintiff
ana defendant required the care and
attention of mother and plaintiff is
g. ut ana proper person to have the
care and custody of said child.
Sixth-That $500 is d proper necessary
sum TO be awarded plaintiff as per-
manent and final alimony and in lieu
of dover or other claim or interest Of
plalntiff in or to any property real or
personal of defendant
Sixth-That plaintiff, in open court
valves and releases all or any claims
or claim, dover right or interest, in
or to any real property at any time
owned in whole of in part, during
the marlLag" of the parties, by the
defendant and accepts the sum of $500
as fun and final award of alimony.
AS conclusions of law the court finds
thai plaintiff is entitled to a decree
dissolving the bonds of natrimony be-
tween plaintiff and defendant and
awarding to her the care and custody
OF the child, Lewis Marmaduke Kel-
sey, and requiring defendant to pay
to her the sum OF $500 and costs of this
suit. MERRITT,
District Judge.
Dated December "a, 1895
The decree was drawn and signed
in conformity with the above findings
of fact ana conclusions of law. Mr..
Varian RENTED his entire fees in the
case.