Source:Lowe vs Lowe filed 7 Feb 1871
From EE Barton papers microfilm #219 Samuel Lowe File
File: Lowe, Samuel heirs
Thos J. Lowe Jr. assignee of
P Cir C. Pkg 321
Ireland + Deaderick Attys
James A Lowe
Vs} pet. Filed Feb 7, 1871
James I. Bovar Admr. Of Mary Lowe, decd
Letha Callen, + Jonathan Callen her husband
John W. Lowe
Sallie Daugherty, + Geo L. Daugherty her husband
Z N Lowe
(only heirs of Mary Lowe, decd
That Mary Lowe by her note of May 18, 1857 promised to pay James Lowe $35. on Dec 25, 1857, and afterwards the sd James Lowe assigned the note to plff.
The note was in part payment of undivided 1/7 of a tr. of land:
Be at stu in Hawkin’s back ln, cor to Shivelys heirs, sd stone near a Hky stump; the S 19 ¼ W 160 P to cor. Of the Young tr at 27 ½ P to a stone wit by Wal, Sug + Hky, cor in Laundermins ln; the S 50 ½ E 83 P to lrg Beech Jerry Wells cor; the wf Wells Ln S 78 E 55 p to Bki Elm stump, cor to Z N Lowe in Well’s ln; the wf Z N Lowe’s ln N 19 ¼ E 160 ½ p to lrg ash in Hawkins ln passing cor or Young tr at 133 ¼ p; th wf Hawkin’s ln N 68 ½ W 178 p to beg. Cont 189 Acres
This is excluded from above 30 acres known as the Young tr.
Afterwards, Mary Lowe died and James I Bovar was appt’d admr. Plffs has a lien etc
(note: A fragment of the promissory note in the papers shows signature “J A X Lowe “>
James Lowe , sums Nov 18/71 in Pend. Co.
All defts sumd in Pend Co.
Note $35 May 18, 1857 to James Lowe for his int in lands of Samuel Lowe, dec’d
Attest Wm A Brann
Aus. Apr 28, 71 of James I Bovar Admirl, Samul. Lowe, Thomas Lowe, Letha Callen+ Jonathan Callen, husb., Sallie Daugherty + Geo L. Daugherty, husb. + Z N Lowe (by Perrin, atty)
That Thos J. Lowe is not the real party in interest in this action; the real party is James Lowe; the plff is used a a shield for his father James Lowe; the note has long since been pd to James Lowe… Verified by John Lowe ( John W. Lowe) April 15, 1871
Aus. Of James Feb 6, 72. At the date of sd assignment sd Thos J. Lowe Jr. was 21 yrs old; assignment of note was in good faith, + note never was paid….
Verified Jan 22, 1872 James X Lowe
d. Crozer J PPC