Divorced

Have you encountered a hint on a census record that you’ve yet to prove? That’s my situation with the 1880 census record for Alexander Briles.

Alex Briles was listed as a head of household on the 1880 census in Coffey county, Kansas. According to the census, Alex was a 60 year old divorced male farmer who was born in North Carolina. Alex’s household included his granddaughter, Anna Ruggles, a 13 year old female and his son, Benjamin Briles, aged 26.

1860 U.S. Census, Coffey County, Kansas, population schedule, Neosho Township, Coffey County, Kansas, page 68 Image 4 of 9, household 513, Alexander Briles; digital image, Ancestry.com (www.ancestry.com : viewed online July 2017); NARA microfilm publication M653

Since Alexander’s first wife, Sarah died in 1872, the census record hints at a second marriage and subsequent divorce. While I haven’t located an image of a marriage record for Alexander, I did find an index record. According to that index, Alexander Briles married Elizabeth Eltzworth (Ellsworth) on May 30, 1875 in Coffey County, Kansas.

Kansas Marriages, 1840-1935 index (http://familysearch.org: FamilySearch), Alexander Briles – Elizabeth Eltzworth

Unfortunately, these records have not been digitized. Thus, I have yet to obtain a copy of the license. However, a deed supports the marriage of Alexander and Elizabeth. On 1 Jan 1877, Alexander Briles and Elizabeth M. Briles, his wife, sold land to Alexander’s son, Robert A. Briles.

This indenture, made this thirty first day of January in the year of our Lord one thousand eight hundred and seventy seven between Alexander Briles and Elizabeth M Briles his wife of the county of Coffey and state of Kansas of the first part, and Robert A Briles of same place of the second part, witnesseth that the parties of the first part, in consideration of the sum of two hundred (200) dollars to them duly paid, have bargained and sole, and by these presents do grant and convey to the said party of the second part his heirs and assigns, all that land or parcel of land situated in Coffey County and State of Kansas and described as follows, to wit:
The South East quarter of the North East Quarter of section twelve (12) in Township twenty three (23) of range fifteen (15) containing 40 acres more or less.
With the appurtenances, and all the estate, title and interest, of the said parties of the first part therein. And the said Alexander Briles does hereby covenant and agree, that at the delivery hereof he is the lawful owner of the premises above granted, and seized of a good and indefensible estate of inheritance therein, in fee simple, and that the same are free and clear of all encumbrances, and that he will warrant defend the same in the quiet and peaceable possession of said party of the second part, his heirs and assigns forever, against the lawful claims of all persons whomsoever.
In witness whereof the said parties of the first part have hereunto set their hands and seals the day and year above written.
Alexander Briles (seal)
Elizabet M Briles (seal)
State of Kansas
Coffey County
On this 31st day of January AD 1877 before me a notary public in and for said county, personally came Alexander Briles and Elizabeth M Briles his wife to me personally known to be the same person above named and affixed to the foregoing conveyance as grantors and they duly acknowledge the execution of the same.
In testimony, whereof I have hereunto subscribed my name and affixed my official seal on the day and year last above written.
Wm H Bear
Notary Public
The testament, of which the foregoing is a true copy, was filed for record on the 31st day of January 1877, at 3 o’clock and 0 minutes p M.
Wm H Bear

Kansas, Coffey County. Deed Records, 1857-1903. Film #1510473 DGS 8561300. Alexander Briles to Robert Briles, 31 January 1877 Vo. 17: page 542; digitized images, FamilySearch http://www.familysearch.org : viewed online 3 August 2022.

Since the 1880 census record indicates that Alexander Briles was divorced, that divorce had to have taken place sometime between the time Alexander and Elizabeth, his wife, sold land to Robert and June of 1880. A clue to that divorce may be in another deed. In this case, Alexander Briles sold 30 acres of land to Elizabeth M. Briles. Unlike the earlier deed, Elizabeth M. Briles is not referred to as Alexander’s wife.

Page 330 – image 271
This Indenture, made this 2nd day of December in the year of
our Lord one thousand eight hundred and seventy nine, between Alexander Briles
of the County of Coffey
and state of Kansas of the first part, and Elizabeth M. Briles
of the same place
of the second part: Witnesseth, that the party of the first part, in consideration of the sum of
Two Hundred dollars
to him duly paid has bargained and sold, and by these presents do grant and convey to the said
party of the second part his heirs and assigns, all that tract or parcel of land, situated in Coffey
County, and State of Kansas and described as follows, to wit:
Commencing at the south east corner of the north
east quarter of the north east quarter of section
seven in township twenty three of range sixteen
thence west to 4 rods East of the center of said quarter
section (being the southwest corner of said NE quarter
of NE quarter section) thence north to the middle or
channel of Turkey Creek, thence down the channel
of said creek to the point where the same crosses the north
line of said section, thence East to the point where said
north line of section intersects the channel of said Tur-
key creek, thence down the channel of said creek to
point where the same crosses the East line of said section
thence south to place of beginning containing 30 acres
more or less
with the appurtenances, and all the estate, title and interest of said part of the first part therein And
the said Alexander Briles
do hereby covenant and agree, that at the delivery hereof, he is the lawful owner of the premises
above granted, and seized of a good and indefeasible estate of inheritance therein in fee simple, and that the
same are free and clear of all incumbrances,, and that he will warrant and defend the same in the
quiet and peaceable possession of said party of the second part, her heirs and assigns forever, against
the lawful claims of all persons whomsoever.
In witness whereof, the said party of the first part has hereunto set hand and seal
the day and year above written.
Alexander Briles

State of Kansas, Coffey County
On this 2nd day of December A.D. 1879, before me, a
Notary Public in and for said County, personally came
Alexander Briles
to me personally known to be the same person whose name is affixed
to the foregoing conveyance as grantor and he duly acknowledged the execution of the same.
In testimony whereof, I have hereunto subscribed my name and affixed my
seal, on the day and year last above written.
S. C. Junkins
Notary Public
The instrument of which the foregoing is a true copy, was filed for record on the 3rd
day of December 1879, at 5 ou8217’clock and 0 minutes P.M.
Wm H. Bear Register of Deeds
By M. L. B. Floyd Deputy
Entered in Transfer record in my office on this 3rd day of Dec. A.D. 1879
Wm. H. Throckmorton County Clerk

Kansas, Coffey County. Deed Records, 1857-1903. Film #1510476 DGS 8561303. Alexander Briles, 2 Dec 1879 Vol. 25: page 330; digitized images, FamilySearch http://www.familysearch.org : viewed online 5 August 2022.

Based on this 1879 deed, I think Alexander and Elizabeth were likely divorced around the time the 30 acres of land was sold to Elizabeth. However, I will need to locate a record of the divorce to confirm that suspicion.