Source:Lowe vs Lowe filed 28 Jan 1869

From EE Barton papers microfilm #219 Samuel Lowe File

Transcription

File: Lowe, Samuel

P. Cir. Ct Pkg 240 Pet. Filed Jan. 28, 1869 by Ireland and Duncan

James Lowe and Zadock N. Lowe Vs. John W. Lowe Thos Lowe Samuel Lowe (Jr.) Letha Callen (Late Lowe) and Jonathan Callen Sally Daugherty (Late Lowe) and Geo L. Daugherty

Samuel Lowe, Sr. died intestate in Pend. Co. 23 years ago next February (1846). He owned 162 A. on waters of Little Fork Lick which he held under a title bond from Harry Hawkins to Martin Fugate, & by him assigned to their ancestor Samuel Lowe Sr. The title bond is in possn of deft John Lowe. The said Samuel Lowe Sr. and his children have been in possn of sd land for the last 30 years. Samuel Lowe Sr. left surviving him his widow Mary Lowe, who has since died; and plffs & defts are the only children & heirs and are each entitled to 1/7 part of sd. Land. Pray for a division.

Aus. Of Sally & G L Daugherty Feb 18, 69 W. T. Simmons, Atty That Mary Lowe pur. of James Lowe his undiv. interest in the land (sd contract is in possn of Jeremiah Wells for safe keeping); sd Mary Lowe sold the interest pur. from James Lowe, to Sally Lowe (now Daugherty) Letha Callen (late Lowe) and John W. Lowe, and Mary executed a writing therefore, which is also in possn. of Jeremiah Wells. James Lowe now has no interest in sd. land; but these defts. own his interest. These defts are each entitled to 1/7 and 1/3 of 1/7th.

Aus of John Lowe, April 21, 69 by Perrin That Samuel Lowe Sr. owned 130 acres instead of 162 a. Sets up sale of James Lowes unit(?) to Mary, & sale by her to 3 children. Jon Lowe Amended Aus of Sally Daugherty, Oct 69 by Simmons, McWanawa, and Simon That Jno W. Lowe has title bond that Mary Lowe gave Geo R. Rule, C A Waudeloler & F.G. Kelly Couirs to divide. Plat & division filed: Geo R. Rule, C.A. Waudeloler and F.G. Kelly Couirs. Nov 1870