Source:Lowe vs Lowe deposition filed 8 Oct 1869
From EE Barton papers microfilm #219 Samuel Lowe File
Transcription
File: Lowe, Samuel
James Lowe xe
Vs } P Cir Ct Pkg 240
Jno W Lowe xe
Depositions Oct 8, 69 at Fal (Falmouth)
W.A. Brann, Esq. The bond of James Lowe to Mary Lowe was written my James Said. I think I wrote James Lowes name and he made his mark. It was at Mary Lowe’s house, on the land Mary lived on, which Samuel Lowe owned when he died. I think the assignment by Mary Lowe, on back of the bond is in the writing of Jeremiah Wells. Etha W. Callen and Sarah D. Daugherty are children of Mary Lowe and Samuel Lowe Sr. A part of what James Lowe got for his unit in land, was a cow.
James Said Oct 16, 69. I have been acquainted with Mary Lowe for 20 years or more. I wrote the title bond from James Lowe to Mary Lowe. I surved the old Lowe homestead; contained 160 ¾ A. But the tract named in the bond contained 129 A. 3 R 9P and 31 A. I made the survey in 1846, by agreement of the heirs.
Jeremiah Wells I knew Mary Lowe 30 or 35 years, maybe longer. I wrote the assignment on the bond – when Mary Lowe assigned it. Albert Hanson, Nancy Callen, the old lady and myself were present.
Jacob Fogle Sept 30, 70. I have known Samuel Lowe ever since I knew anyone. Up to the time of his death. I lived ab ½ mile from him up till I married, and not over 1 mile from the old place yet. Have lived close, ever since I was born. Samuel Lowed claimed 130 a. land joining my father’s land. I am well acquainted with the Young tr.land, 30 A. He never laid any claim to it that ever heard of.
Mr. John Lowe has had it in possn. full 20 yrs.
John Lowe fenced the 30 a. long before Samuel Lowe Sr. died; and has had possn ever since; & pd tax on it. Samuel Lowe Sr. has been dead 20 years at least. Two of Samuel Lowe’s Sr. corners joined my father Jacob Fogle’s land. It laid along side of the Young Tr. I thin the N.W. end joined old John Shively. The other side was right along side of Jeremiah Wells land-used to be called the Hawkins Tr. The 30 A. of Young tr. Was outside of the Hawkins land. There was a man named Robertson who lived on the Hawkins land one time.
The Young tr. of 30 A. was all old waste field and John Lowe just took it up and fenced it; there was no body claimed it or had any thing to do with it since the Young family went away. The Young Family – there was a boy Bill, one called John, and girl called Nancy and a girl called Jennie. It has been 40 years since they left; they said they were going to Indiana. I never heard of the Youngs claiming any title to the land; they just lived on it, & went away and left it; they lived there a good while. I can’t say how long. When Bill Young came back from Ind. he never made any inquiry of the land from me.
Samuel Lowe I am a son of Saml Lowe, decd, and a bro. of plffs & defts. My father had 130 A. My bro. has possn of the Young tr. of 30 A. My father gave it to him; told him there was the Young tr. – if he would fence it he could have it. My father never did claim it. It was left in his care when the widow Young went away. About 15 acres of it was cleared; it was out on the commons for anybodys stock.
The Young had left some 14 years before John took up the land. John build some cabins on the land later; black Jerry lived in the cabins firs; Jim Lowe next; next Moses Lowe. John Lowe lived at my father’s when Samuel Lowe died. John was then 24 or 25 yrs old. The Young tr. is beside the Hawkins survey. The boundary lines of the land in title bond of Fugate to my father- are Jacob Fogles farm joins it. The Young tr. of 30 A. joins it; 70 or 80 pales on Lewis Myers to Shively’s corner; with Shively’s line to old Jacob Fogles corner. I saw the home tr & Young tr. run around together by old man Said, 16 or 17 years ago. The Young tr. of 30 A. is outside the Fugate Bond. John +me+Newt had Mr. Said do the surveying; he surveyed around the whole tr. 160 A. My father had 130 A. only the Young tr. was surveyed in with the home tr. John pd. For that part of the survey of the 30 A.
Sallie Daugherty – My father Saml Lowe had been dead 25 or 26 years as nigh as I can tell.
Elizabeth Luckett, Oct 5, 70 I knew Samuel Lowe Sr. about 30 years before his death (since 1816). I lived about a mile from him, part of the time closer. I have known the Young land ever since I have been in the neighborhood. Samuel Lowe had possn of it after Youngs left; for a good while. I thing the Youngs left about 1825. Samuel Lowe has been dead 25 years the first day of next Feb. (Feb 1, 1846)
I think Newton, Same and James Lowe had a hand in fencing the Young land – right smart awhile before the old mans death. There was supposed to be 30 A. of the Young tr. The members of the Young family- There was Bill, Nancy, Jennie, John, Betsy- think there were 2 more, but don’t recollect their names. The old lady’s name was Jenny. Old man Sam Lowe put the black man called Peter, on the Young tr. Newton was a man grown when his father died. John Lowe was a tanner, at Callensville all the time I recollect about. John was net there at the house place from the time he was grown, till a few years back.
Thos. Lowe, Jr. I have known Jno W. Lowe since I have known anybody. John said his father gave him the Young T.
Philip Fogle Apr 5, 70 I know Jno Lowe, + knew Mary Lowe during her life; live close neighbor
Albert Hanson Oct 14, 70 I think John is the oldest; I knew him when he was in his cradle. I was about 14 yrs old. I knew old man Young. I was but a boy when he died. I know the 30 A. he claimed.
Mary Lowe has been dead 3 years I reckon. I have lived in the family 40 years. I recollect when Sam Lowe, (some of James Lowe) worked there, something near 3 yrs ago. John Lowe’s health was bad when he was working there. Mrs. Young went to Ind. + but one of the heirs has ever been back here since. I lived with Samuel Lowe Sr. 15 years I reckon, during his lifetime. John Lowe went to Callensville to learn the tanners trade with Fugate; left home at age of 14 or maybe older.
J.S. Lowe Oct 12, 70 I will be 25 yrs old the 27th day of next March. I am James Lowe’s son. I was at work on the farm for John Lowe, on the farm that my Grandmother claims – we were going out to feed the hogs, when John Lowe told me his father gave him the 30 acres. My father lived there on the place there. My grandmother Mary Lowe was living when I worked there.
Roland West summed me last Saturday to come here as a witness,-summoned while I was going home from Uncle Tom Lowes. (signed) JS Lowe.
Sarah E Lowe I will be 21 years old the 27th day of next Dec. My fathers name is James Lowe. My father lived on the 30 A. tr. Mary Lowe was living at the time
Jno B. Applegate Samuel Lowe assessed land in the years 1840, 1841, + 1843 – 130 A.
- In year 1844 – 160 A.; in 1845, 333 A.
In 1855, Jno W. Lowe assessed ¾ A land
In 1860 to 1869, Jno Lowe assessed 30 A. land.