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SELFISH INTENTIONS - K-REx - Kansas State University

SELFISH INTENTIONS - K-REx - Kansas State University

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Downing therefore asked for divorce on the same grounds that Susanna had claimed: extreme<br />

cruelty. And he also asked that she be required to pay him the sum of $584 plus his furniture and<br />

whatever else the Court could provide for “equitable relief.”<br />

Susanna Downing denied William Downing’s claims, and it appeared that the case was<br />

headed for a lengthy series of legal claims and counter-claims. But then William Downing<br />

withdrew his entire petition, and as quickly as it had begun, it was over. On March 23, 1899, the<br />

Clay County district judge granted the divorce on the grounds that Susanna Downing had<br />

originally claimed: “The Court further finds upon the evidence adduced that said defendant has<br />

been guilty of extreme cruelty toward said plaintiff as claimed in her said petition and that<br />

because of said acts of extreme cruelty, said plaintiff is entitled to be divorced from said<br />

defendant on account of the fault of said defendant.” 152<br />

But in a twist, the judge also noted a rather surprising property settlement. William<br />

Downing would be paid $100, considerably smaller than the $584 he had asked for, but Susanna<br />

Downing, now once again Susanna Sanders, would be responsible for all family debts. In<br />

addition, in one of those dreary lists that tend to accompany divorce decrees, the judge<br />

enumerated the property to which William was entitled: three hogs, one cherry bedroom set, one<br />

spring, mattress, bedding, one stove and pipe, ten chairs, three window blinds and fixtures, one<br />

poker table, one rocking chair, one hammer, two saws, one water bucket, two spittoons, and one<br />

wash set. What had happened? It appears that William and Susanna Downing were probably<br />

guilty of the collusion that district judges worried about. In all likelihood, William had agreed to<br />

drop his counter suit in exchange for a reasonable property settlement.<br />

152 Downing v Downing, Clay Center District Court, Case No. 4549, <strong>State</strong> of <strong>Kansas</strong> (District Court Journal Entry<br />

March 24, 1899).<br />

67

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