Source:Lowe vs Lowe deposition filed 7 Feb 1871
From EE Barton papers microfilm #219 Samuel Lowe File
Transcription
These depositions continued on the same page as the lawsuit petition. P Cir C Pkg 321
Depositons, July 19, 71 at Fal. At office McManama + Simon
Z.N. Lowe Mary Lowe is my mother. James Lowe is my brother and Thomas Lowe (Jr.) is son of James Lowe. A few months before Mary Lowe died, she said she owed James Lowe for his share; it was the last time she was at my house.
I suppose James Lowe now lives in Ohio. He is a poor man. 4 or 5 yrs before Mary Lowe died James Lowe moved from Grant Co. to Pend. Co.
Plff Thos J. Lowe Jr. is 20, 21 or 22 years old I reckon.
James Lowe, July 26, 71 at Fal.
The plff Thos J Lowe Jr. is my son; he was born Nov 3, 1849. The note was given for my share in my fathers old home farm. I cant read.
I think it was 4 yrs ago last May or April when my mother Mary Lowe died. I never said in presence of Albert Henson that the note was paid.
Letha Callen was never in my house while I lived in Grant. Co. My mother was to pay me $70 of the land. She let me have a cow for $35, and gave this note for $35. I always made my own jeans and never got any from my mother. She never done any weaving for me since she gave the note.
Sallie Daugherty, james Lowe is my bro.; Mary Lowe was my mother. In 1857 I lived with my mother on little fork lick, Pend. Co. About 10 years ago James Lowe lived in Pend. Co. about 1 Mi from his mothers (1 ½ mi). I think it was 12 to 14 yrs ago when James Lowe moved to Grant Co.; think it was 5 or 6 yrs ago when he moved back from Grant Co.......
G. L. Daughery The acct is in my handwritng except the 2 last articles. I was authorized by Mary Lowe decd, James Lowe + Z N Lowe to keep this acct. They gave me the items and I put them down. I understood that James Lowe got these articles as payment on his undivided int. in Samuel Lowe’s lands I was living in Grant + Pend. Cos – 4 to 6 mi from Mrs. Lowe, when this acct was made.
I was a frequent visitor and had boarded with them (Mrs. Lowe) and none of them could write and I was called on to keep the acct. The acct was made out before I was married – last June 4 years. The acct was made out in 1858.
Acct.
Pendleton Co. Ky. July 19, 1858
James Lowe to Mary Lowe, Dr
To 1 cow $25. 2 Bed Stids $5.80, cash by Z N Lowe $5.00
Cash by L Lowe $5.00, 1 Bold Cotton $3.15, 9 yds Calico @ 12 1/2cents 1.12 ½
2 ½ yds Jeans @60 cents $1.50, 1 ½ doz S Cotton@ 15 cents .22 1.2
Weaving 4 yards Janes @10cents. 40, Weaving 26 yds Linsey at 6 1/2cents $1.69, 1 month Pasterage 1.00, Bacon by Z N Lowe $2.00 3 lbs lard @ 9cents .27,
Note paid H Hysuik $5.35, 1 Horse $25.
J. Callen, Oct 2,72 at Fal.
I have known John W. Lowe and James Lowe since 1832, and Thos. J Lowe Jr. since he was a little boy. I knew Mary Lowe from 1832 to her death, which was on Apr 25, 1868 She was my mother-in-law. I was acquainted with Samuel Lowe in his lifetime.
John W. Lowe, James Lowe is my brother.
Samuel Lowe, Oct 8,72 at Fal.
I am a brother of T J Lowe the plff. My father J A. Lowe gave Henry Hysink a note, and Thos. Lowe worked and paid it- in time of the war.
I will be 26 yrs old next March
Thomas J Lowe will be 23 yrs old at his next birthday
The Hysink note was written in Callensville at Hysink’s shop. I ws quite a small chap then. It ws before the war a right smart while.
Q.Did you know Ben Fugate, Roland West of John Fugate then – did either of them write it.
A.I could not say
Q.did you know Thomas Moor, Charles Duncan and Jrio M. curry – did either of them write it?
A.I know all of them. Don’t think either of them wrote it.
Louisa Lowe, May 14, 73 at Fal.
Mary Lowe was my mother-in-law. I think Thos J. Lowe Jr. lives down by the Ohio River. Think I saw him last Summer or Fall. I heard it ws my sister Susan Lowe who told Thos J. Lowe what I would prove.
(note: Newton Lowe was referred to in Louisa’s deposition in such terms that he may have been her husband. This may have been Z. N. Lowe?)
Daniel M. Cox, Oct 24, 73 at Fal
I have known John W. Lowe and Thos J Lowe for about 5 yrs. Last may I was going to Boone Co. to get me a place and was going to David Fogel and he wanted to send word to Davy Fogle to come up here and be a witness for him. I told Dave and he said he had not time to come but to tell Tanner Lowe to come down there and take his deposition. On my way back at Williamstown I saw Tanner Lowe took him out to one side and told him what Davy Fogle said. I was at work in the cooper shop at Morgan when I was subpoened.
David K. Fogle, May 28, 1874 at Fal.
I heard conversation bet. James Lowe and Mary Lowe at her old res on Little Fork Lick in Pend. Co. He told her the note was paid off; she said she would like to have the note. He told her the note was lost.
I live in Pend. Co. The conversation mentioned was in the evening; I had been down to my uncle’s and was on my way home. I was not living in that county when Mary Lowe died. Mary Lowe said to Jim Lowe-I want you to go home and get Polly to come down – I want this deed fixed up.
Elizabeth Luckett, June 2, 74 at Fal
I knew Mrs. Mary Lowe about 40 yrs before her death. On Thursday evening before she died, Mary Lowe said the note was not paid off. She died on Saturday night at 8 oclock
Q.Do you know David Fogle
A.I ought to – he used to be my son. David said he wished the “damed” Lowes would quit bothering him about this note. When I had the conversation with Mary Lowe, the family was making garden and Mary Lowe and I were all that was present. She was in bed. There were 3 rooms in the house, and we were in the room next to Newt Lowe’s house. I was there from about 1 to 4 oclock.