Tuesday, November 26, 2019

The Fragers Are Fighting

Peter and Sophia (nee Spangler) Frager, husband and wife, apparently got along splendidly at one time, but then came the matter of land and the relationship seemed to fall apart.  Just whose side would you take in this argument? 

From the Defiance Daily Express, October 14, 1899: 

"THE COURTS
A VERY INTERESTING SUIT HAS BEEN FILED.

Peter Frager, plaintiff, against Sophia Frager, defendant, is the title of a suit just begun in the common pleas court.

Plaintiff, in his petition, alleges that he was married to the defendant in Stark county, about the year 1842; that himself and his wife came to Defiance county in 1855, and that in the year 1857, his wife purchased forty acres of land in Milford township, and paid for the same out of the money which she received from the estate of her father.  He says that these lands were at that time unimproved, but that he proceeded to improve the same, by the erection of a house and barn, and by clearing said lands for farming purposes.

He says that in 1873, he received $425 from the estate of his father and that about that time he received this money, he purchased at Sheriff's sale forty acres of land adjoining that belonging to his wife.  He avers (states or alleges) that at the time he came to Defiance to purchase this land, he brought his son with him who did the bidding at the sale; that when the sheriff came to make out the deed, he made the deed to his son, although he, the plaintiff, paid the entire amount of the purchase money.  He claims that some time after this, the son, at the request of his mother, made a deed conveying the land to her, but he says she never paid either himself or his son or any other person anything for the land, and that while the legal title is in his wife's name, she, in fact, holds the title in trust for the plaintiff.

Plaintiff says that in January, 1898, he went to Williams county to visit his grandson where he remained until April of that year; that upon his return home,his wife refused to perform any work for him or on his behalf.  He says that for many years, he has been afflicted with rheumatism, that he is badly crippled and unable to perform manual labor; and that on account of the refusal of his wife to prepare meals for him, he was obliged to live for some time with neighbors and relatives who provided for him.  He says that not being contented with depending upon the charity of his friends and neighbors, he applied for admission to the county infirmary where he remained for some time; that not desiring to remain at the county infirmary, he again went to his old home, but that the defendant locked the doors on him, and refused to permit him to enter.

He says that he has several times tried to see his wife, the defendant, with a view of bringing about a reconciliation, but that his wife refuses to allow him to see her.  He avers that he is now about 75 years old, that he is entire penniless and depended upon the charity of his neighbors and friends for his support.  He therefore prays that the said forty acres of land purchased and paid for by him, to be decreed to be his absolutely, but that if the court for any reason is unable to make such an order, then the court will grant him such alimony as may be proper in the premises.  Winn & Hay, attorneys for the plaintiff."

The Fragers first appeared on the 1860 census of Milford Township, Defiance County with children: William, 16; Angeline, 14; and Theodore, 9.  Peter was 35 at the time and Sophia, 36.  Peter registered for the Civil War draft in 1863, but there was no evidence that he served in the war.

They continued to live in Milford Township through the 1870 and 1880 censuses. By the 1900 census, Peter, 74, was a boarder with S. Wickerham in Milford Township.  Finally on July 3, 1901, Judge Hubbard held a hearing on the alimony case where Peter sued Sophia for alimony. Really, Peter wanted 40 acres set aside for him.

The case lingered in court until January 20, 1905, when a sheriff's sale for the 40 acres of real estate was ordered  The land then was appraised at $800.  By this time, Sophia's mental health had declined so that by January 22, 1906, C. E. Stone was appointed as the guardian of Sophia Frager, imbecile.  She died in December of that year, but it took until December 7, 1908 for Samuel Fritz, her son-in-law to be appointed administrator of her estate.  Peter did not last much longer either, passing away on February 25, 1907.

It would be interesting to know more about each personality.  The news article is definitely a telling of Peter's side.  I wonder what Sophia would have to say.

And what happened to the land? On the 1870 plat map, it seems that Frager was Fraker with S. Fraker and her 40 acres next to T. Fraker - Theodore? A good search of the land records would give the Frager researcher the answer. 

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