Emily Manning, a married woman separated from her husband and suing by her next friend, William Mock, asks that her share in her father's estate be handed over to her rather than to her husband. Emily recounts that she was married on 23 December 1847 to Moses T. Manning, and that she and her new husband lived together for only a short period of time. Arriving as a bride at Moses's house, Emily discovered that her husband had been engaged in "a criminal and adulterous intercourse" with a mulatto girl named Epsey for more than two years. She states that she spoke with Moses about a "conduct so degrading to himself- so regardless of the laws of society- and so abominable in the sight to God," but his response was to threaten to whip her if she said any more. From then on, he "exhibited openly his fondness and partiality" for Epsey. He rose from their bed at night and went to Epsey's house "in the yard," sometimes remaining there "till near day, when he would return to his own bed." In March 1848, he took a separate bedroom so "that he might with less restraint carry on his criminal intercourse." When "all hope had vanished of ever enjoying the affections of her husband," Emily abandoned the home that her husband "had made the theatre of low and degrading debauchery," and "sought refuge from insult in the house of her father." While separated from Moses, Emily also learned about another liaison between her husband and a free mulatto woman named Venus. In this bill of complaint, she accuses her husband of profligacy and intemperance. He is unfit to manage her property, she says, and cannot be trusted to provide for her support and maintenance. Related documents reveal that Emily had petitioned for but was not granted divorce. In his related answer, Moses Manning denies charges of adultery, and accuses his wife of having abandoned him without cause, and of living in adultery with a man named Kelly in Texas.
Result: Granted; appealed; reversed.
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Repository: Lowndes County Courthouse, Hayneville, Alabama
