Bill of Complaint of Ezekiel

Brooks by his guard. Alex.

Brooks against Siddy Brooks

1843 Suit of Alexander Brooks vs. Siddy Green Brooks

To the Honourable the Judge of the Court of equity for Anson County

The Bill of complaint of Ezekiel Brooks by his guardian Alexander Brooks against Sidey Brooks

Humbly complaining showeth unto your Honour Your orator Ezekiel Brooks that about the year 1795 he was born in Anson County an idiot and about the year 1812 his father died upon whose death he inherited some land and included to some personal estate In the year 1818 he being then an inhabitant of Montgomery County and his property being also in that county his friends for the better taking care of his person and security an improvement of his estate applied to the County Court of that County for a commission to inquire of the state of his mind and a commission was issued accordingly in due form of law and properly executed and the Jury of inquest found that your orator was an idiot from his birth and the commission and the proceedings thereon were returned to and confirmed by the Court and Alexander Brooks your Orator's brother who then resided and now resides in Anson County was appointed his guardian who accepted the office and was qualified according to law to perform its duties and has ever since continued in the performance of his duties as guardian In or about the year 1820 Sidey Green the defendant a woman without property or character knowing that your orator was an idiot from his birth conceived the design of procuring the ceremony of marriage to be performed between your orator and her and of thus placing herself in the ostensible state and condition of his wife and shortly thereafter the design was executed by going through a form of marriage between your orator and her before a Justice of the Peace one Jacob Austin The defendant had no other motive in pretending to be married to your orator than the enjoyment of the use of his property and such other advantages as aught be derived from the reputation Neither your orators guardian nor any other of his friends and relations was acquainted with the desing of making this pretended marriage nor was present at nor in any way assenting to the performance of the ceremony by which it was accomplished afterwards towit about the year 1834 the said Jacob Austin exhibited his affidavit to the County Court of Montgomery setting forth that your orator was of sound mind and that he was unlawfully detained in custody by his guardian Alexander Brooks and praying a commission to inquire of your orators state of mind and such commission found and the Jury of inquest again found that your orator was an idiot from his birth and the proceedings on the commission was confirmed by the said court - Your orator further shows unto your Honour that notwithstanding all the facts above set forth the defendant claims to be the lawful wife of your orator and asserts that a marriage has been lawfully contracted between them and that she is instilled to all the rights and privileges of his wife - In consideration of the premises and to the end that the defendant may true full and perfect answers make to the several matters and things herein before set forth and to the further end that your Honour may pronounce and declare the said pretended marriage de facto contracted and celebrated between your orator and the said Sidey Green to have been and to be utterly null and of no effect and that your orator is and of right ought to be free and at liberty from any bond of said pretended marriage de facto and that your orator be freed and divorced from the said Sidey May it please your Honour to grant unto your orator the State's writ of Subpoena commanding the said Sidey Green to appear at the next Term of this Courthouse in Wadesborough on the second monday of September next to dismiss plead or answer to this bill of complaint and to stand to and abide by your Honour's decree in the promises

Winston & Helms and A. Little