Box 34
No. 18
Jane Lowery
Samuel Lowery

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Copy of Bill & Subpoena
Returnable 3d Monday of August 1846

To the Honorable Judges of the Shelby Circuit Court now in Chancery sitting

            Your complainant  Jane Lowery  who is and has been for the last five years a resident of Shelby County in the state of Indiana respectfully sheweth unto your Honors that on the 22d day of June AD 1840 she your complainant and  Samuel Lowery,  whom your complainant makes defendant herein, were legally joined in marriage, and that the relation of husband wife since that time has been and now is subsisting between them during all of which time your complainant has conducted herself towards said Defendant as a dutiful and obedient wife and performed faithfully all her household duties. That for and during the two years last past said defendant has been a habitual Drunkard and has unreasonably failed to make suitable provision for your complainant and his children and that the treatment of your complainant by said Defendant has been for the last two y ears cruel and inhuman, And his conduct is such that it is unsafe for your complainant to live with him said Defendant. That on or about the first day of February AD 1846 in said County of Shelby said defendant did cruelly & barbarously strike beat and choke your complainant. And that your complainant was saved from very serious injury upon that occasion by the fortunate interference of her neighbors and that on or about the 15th day of May last in said County said Defendant did again strike and beat your complainant. That very frequently he has returned to his house in a drunken state and has barbarously beat and injured your complainant. That he has frequently threatened to destroy the life of your complainant so that your complainant has lived for a long time past in a state of fear, and your complainant further sheweth that said Defendant has frequently disgraced your complainant by charging upon her the crime of adultery in the presence of her neighbors. And your complainant further sheweth that your complainant was possessed of a bed and bedding which she now has in possession, and a side saddle which was sold by said defendant for a cow, which he afterwards killed and sold for another cow, which is now in possession of your complainant. The said defendant also owns another bed, two bed steads, two sheep, which your complainant bought and paid for by her work. Also two shoats one of which was given to your complainant, all of which property now owned by defendant is worth about twenty or thirty dollars. She also shows that said defendant has an interest in a tract of land in the state of Missouri which he owns as one of the heirs of his father lately deceased. That said interest is the one seventh part of said tract of land where the same is situate in said State and what is the value thereof your complainant is ignorant. And she further shows that she and said Defendant have three children to wit:  Mary E. aged about five years,  Hannah Jane  aged about three years, and  Melinda  aged about two years.
            Will your Honors decree that the marital ties heretofore and now subsisting between your complainant and said Defendant be dissolved and that your complainant be divorced from said defendant, and will your Honors decree to your complainant such alimony as to your honors shall seem right, and that your complainant have the care and custody of the children aforesaid. And will your Honors grant unto your complainant such other and further relief in the premises as to your honors shall seem meet.
            Will your Honors grant unto your complainant a writ of subpoena commanding said Defendant to be and appear before your Honors at the next term of your Honorable Court then and there to answer this court complainant bill, and further to stand to abide by & perform any further order and decree of your Honors herein and she will ever pray.
Jane Lowery                    
Thomas A. Hendricks Aty
Attest Jacob Vernon Clerk

State of Indiana Shelby County         SS

The State of Indiana to the Sheriff of Shelby County Greeting ------

            Whereas Jane Lowery has this day to wit, July 15th AD 1846, filed in the office of the Clerk of the Shelby Circuit Court her bill of complaint against Samuel Lowery, of which I certify the foregoing to be a full true and complete copy.
            You are therefore hereby commanded to summon the said Samuel Lowery to personally be and appear before the Judges of the Shelby Circuit Court on the first day of their next term to be holden at the Court house in Shelbyville on the third Monday of August 1846. then and there to plead answer or demur to the allegations and charges contained in said Bill of complaint of said Jane Lowery now pending in said Court against him, or the matters and things therein contained will be taken for confessed and held as true and will be heard and determined in his absence and decreed upon accordingly.

Witness Jacob Vernon Clerk and the Seal of Said Court this 15th day of July AD 1846

Transcribed by Barb Huff

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