More on McDowell vs. McDowell - Bullitt Co E. McDowell vs. W. McDowell Ellen MCDOWELL vs. Woodford MCDOWELL Bullitt Circuit Court Chancery Decree # 302 (v. 9) Paper # 9 Notice 17 May 1869 The deft. Is notified that the plantiff will take depositions at the office of R.H. FIELD in Shepherdsville on the 19 Inst Yrs. May 17, 1869 (signed) Ellen G. MCDOWELL 17 April 1869 executed on Wood MCDOWELL by W. PHELPS, SBC Paper # 10 Summons; 17 May 1869, to Bullitt County, summoning Jack RICKERSON & John BRIDGES to give their depositions. (signed) R. MCCONATHY, Examiner for Bullitt Co., Executed by W. PHELPS, SBC. Paper # 11 Summons; 19 May 1869, to any constable of Bullitt Co., or the Town Marshal of Shepherdsville, commanding them to summon Wat MARAMAN to give his deposition in the law office of R.H. FIELD in Shepherdsville on the 19th May, & Worden P. STALLINGS on the 20th May 1869. R. MCCONATHY, Examiner. Executed 19 May 1869 by H.F. TROUTMAN, SBC. Paper # 12 Amended Asnwer of Woodford MCDOWELL; 19 May 1869; filed in court 9 June 1869. The defendant Woodford MCDOWELL .. amends his answer herein and states that since the filing of his original answer herein, the commissioners appointed by this court in this cause have divided the land in controversy and in that division that portion of the land on which the house in controversy was built, was allotted by them to this defendant, and the house thereon & in controversy herein was charged to and accounted for by him in said division=97and by reason thirty seven and 1/8 acres, while plantiff received fifty eight acres =96 near twenty one acres more land than that received by deft. Deft. Says for such portion of the house as he contributed toward building amounting to $ , he says he is entitled to a decree against plantiff for . He asks for all..... relief. Tho. & A. H. FIELD, pd Sworn to by Wood MCDOWELL 19 May 1869, R.H. LANSDALE, clk. (page 238) Depostion of John T. RICKERSON: taken 19 May 1869 at the law office of R.H. FIELD in Shepherdsville, KY. Q. (by deft) Did you do the carpenter work in the house in controversy in this suit? A. I did. Q. (by pltff) And by whom were you paid , if at all? A. I was paid by Jno. B. MCDOWELL. He gave me the money himself. I was charging him by the day. The work came to sixty dollars. Q. (by pltff) Was there or not some material bought in Louisville; doors & sash? If there was, state what, the cost and by whom purchased. A. Jno. MCDOWELL and I went to the fair together and he gave me the money to pay for the sash. They cost in Louisville $7.20. I afterwards bought two panel doors. They cost $9.60. He also gave me money to pay for them. I bought three barrels of lime of Callahan & paid $1.50 per barrel, and three pairs of hinges, which I think were worth $1.00. He gave me the money to pay Callahan & I did so. Q. (by pltff.) How many shingles were used in covering the house? Who purchased them? And what did they cost? A. There was 6000 used. Frank TROUTMAN purchased them. I don't know what they cost. Q. (by pltff) Were they or not worth about $4 per thousand? Is not $4.00 a fair price? A. I don't know what they were worth then. I think they were worth $3.50 at the machine. Q. (by pltff) Could a wagon make more than one load a day from the machine to the building? A. They could not make more than one load. Q. ( by pltff) Is or not $3.00 per day a low price for a wagon? A. I think it is little enough. (page 243) Paper # 13 contd. Deposition of L. HOGLAN; taken 19 May 1869 at the lasw office of R. H. FIELD in Shepherdsville,KY. Q. (by pltff) If you know the price of laths within the last year or two, please state. R. I paid ($3.00) three dollars for cut laths when I was building, which was in the fall of 1867. Sawed ones are worth 50 cents more. The freight on 2000 from Louisville would be 50 cents. (signed) L. HOGLAN The further taking of depositions is adjourned until tomorrow the 20th May 1869. (signed) R. MCCONATHY, Examiner The foregoing depositions certified and written by R. CONATHY, Examiner for Bullitt Conty. The plaintiff by be attorney was present. The defendant was present in person and by his attorney. Fees for taking the above depositions, amounting in all to $9.10, were paid Ellen MCDOWELL by her attorney, R.H. FIELD. Paper #14 Summons: 19 May 1869 ; To Town Marshall of Shepherdsville, directing him to summon W.B.M. BROOKS & G.C. SHANKLIN to appear 28 May 1869 at A. H. FIELD's law office in Shepherdsville to give their depositions. Also J.M. ABBOTT. Executed 24 May 1869 on J.M. ABBOTT & G. C. SHANKLIN and 28 May 1869 on W.B.M. BROOKS by H.F. TROUTMAN, town marshall. Paper # 23 (pg. 248) Notice 25 Sept. 1869 The defendant is notified that the plantiff will take depositions at the house of Susie SMITH in this county on the 27th Inst. And at the office of R.H. FIELD in Shepherdsville on the 28 Inst.... (signed) R.H. FIELD, attorney Sept. 25, 1869 for plaintiff Executed on Wood MCDOWELL 25 SEpt. 1869, by H. F. TROUTMAN, town marshal of Shepherdsville. Paper #24 Deposition of Wilhite CAREPENTER; taken 14 Oct 1869 in Bullitt County, KY Q. (by deft. Woodford MdDowell) State whether or not some nails were bought of you to be used in the erection of the house on the land named in the suit. If so, state who paid for them and how much, if you recollect. A. During the building of that house, Woodford MCDOWELL & John MCDOWELL both told me to let his servants or anyone they sent have what they called for. They sent for some nails, I think, by Phil, a colored boy, & perhaps by others, on several occasions. They were charged to Mr. Wood MCDOWELL; at least some of them, perhaps all of them, and Woodford MCDOWELL paid for them. I understood the nails were to be used in the sid house. I don't recollect the amount they cost. It was a few dollars, -- 2 or 3 dollars; perhaps more. I could not state. Q. (by pltff) Would you consider the house built on that 95 acre tract a necessary improvement on same and further that it enhanced the value of said 95 acres to the extent of the costs of the same? R. I don't know that there is any other house on said land and taking the 95 acres tract disconnected from Woodford MCDOWELL's farm I think said house was a necessary improvement. The house made the land worth more. I don't know what the house cost. ( no more photocopied on this man) (page 280) Paper # 44 Rule ; 12 Oct 1869 On motion of Deft. Woodford MCDOWELL a rule is granted him against the pltff. To produce before the master commissioner at his office in Shepherdsville on the 15th day of Oct. 1869, the account book of J. B. MCDOWELL, on page 100 of which deft. Claims that J.B. MCDOWELL charged himself with $80. Collected by him for Deft. Woodford MCDOWELL. Witness my hand this 12th day of Oct. 1869. William J. MCCONATHY, comr. I accept service of this rule 12th Oct. 1869. I know nothing personally of the book referred to. Intend writing to Mrs. MCDOWELL today to produce it if in her possession and will file her response on receipt. R. H. FIELD Paper # 45 Deposition of H.F. TROUTMAN; taken 13th Oct 1869 in the circuit clerk's office, Shepherdsville, KY. (see other message of McDowell vs. McDowell , deposition of H.F. Troutman) exact word for word (page 283) Paper # 46 Note; 11 Nov 1867; Exhibit "H.F.T." referred to in preceeding deposition. $100 One day after date I promise to pay Woodford MCDOWELL one hundred dollars for value recd. Of him this Nov 11th 1867. (signed) J. B. MCDOWELL Woodford MCDOWELL says that the within note is just, due & unpaid, that there is no usury contained therein and no offset or discount against the same. (signed) Woodford MCDOWELL Subscribed & sworn to before me by Woodford MCDOWELL 22 July 1868. (signed) A. H. FIELD, H.P.B.C Ky. Bullitt Circuit Ct. Sct. The above is a true copy of the originial note & certificate thereon on file in the suit of J. B. MCDOWELL's exix. Vs. J.B. MCDOWELL's creditors on file in my court. (signed) R.H. LANSDALE, clk. Page # 47 Depostion of Wilhite CARPENTER; taken 14th Oct 1869 at Bullitt Co, KY. Q. (by deft Woodford McDowell) State whether or not you know Woodford MCDOWELL. If so, how long & how far have you resided from him for the last fifteen or twenty years? AI know him and have known him for twenty odd years and have lived about two miles from him during that time. Q. (by deft) State whether or not John B. MCDOWELL after he became of age resided with his father, Woodford MCDOWELL, up to his, John B. MCDOWELL's marriage & whether or not during said time John B. MCDOWELL did business for himself, traded a good deal of stock & whether or not he always during said time used for his stock the pastures of his father, belonging to the farm where they resided. A. I think he made that his home, when he was not in the army, or out trading. I think since he has been grown that he (end of photocopy). From: Maria Troutman Date: 26 Jan 1998