It is amazing to me that there are still new avenues to search when it comes to genealogy. I would have never thought to dig into court documents – other than for disputed wills or estates, of course – in order to discover more information about my ancestors. Who knew that today’s litigious society has its roots in ancestral times, and that searching through court cases can lead to new and unexpected discoveries?
Eilene Lyon’s presentation on “Overlooked Records: What You Can Learn from Lawsuits” provided a unique perspective into a whole new area of research. According to Eilene, our ancestors were in court far more often than we would ever realize. The most common types of cases involved debt, slander, fraud, and probate proceedings. The cases that involved the promise or transfer of money were, by far, the most common type of proceedings to wind up in civil court. Another fun fact that Eilene discovered was that our wayward ancestors would often be repeat offenders. This probably explains why court cases in the past were considered entertainment for the scofflaw’s neighbors and friends.
How and what can we learn from court cases? To start, Eilene suggested using the full-text search option on FamilySearch.org if you have a question about an ancestor’s possible involvement in a court case. If you have discovered an ancestor listed in a newspaper legal notice about the settlement of an estate or a court judgement, this is an excellent opportunity to dive into records associated with civil lawsuits typically handled at the county court level. Since most of these cases centered around the citizens in a local area, you may be able to find previously unknown family members and documents pertaining to their interactions with fellow citizens.
Contained within court case files we can find testimonies, proceedings, and judgements that affect all parties involved. Take the story of my second great-granduncle, Charles Henry Glover, a serial husband, philanderer, and all-around womanizer who ended up in front of a judge many times. He was married five times (that we know of), divorced only twice, and ended up in court answering claims of abandonment, abuse, and eventually being sent to jail for defaulting on a $300 bond awarded by a jury. I found out about him from newspaper articles detailing his bigamy, abandonment, drunkenness, and cruelty toward several of his wives. From there I searched for court records to get the details of his life, the children he fathered, and his various descendants. Without this documentation, I would never have been able to find my cousin, Cindy Glover, who shares my love of family and genealogy.
Have you explored court cases involving your ancestors?