In Favor Of The Father

In Favor of the Father

Judge Kinne decides Lowry Case

He Gets the Property

The Judge Reviews the Testimony at Some Length and Orders a Decree

Judge Kinne has filed his decision in the case of John Lowry vs. Durward Lowry in favor of the father. His decision in full is as follows:

"The evidence in this cause in my opinion establishes the fact that the lot dispute was purchased with the money of John Lowry and that the house erected thereon was paid for with the money of John Lowry.

"I am also of the opinion that the deed to this lot was taken in the name of his wife without his consent or knowledge and in violation to the understanding between them and was a legal fraud upon the complainant. I do not think she intended to wrong him, but deemed her act prudent and wise. In view of the tender relations which the evidence discloses as existing between them I think it is probable that she expected no serious rebellion on his part by reason of her act.

"There is some evidence tending to prove that he caused this deed to be placed in the name of his wife in order to protect it from creditors, but this testimony is not satisfactory to me and his pecuniary condition and reputation refute the claim.

"There is also some evidence tending to prove that he spoke of this house as being the property of his wife while it was being erected, but these alleged statements were made many years ago and human memory is infirm and easily misrepresents past transactions. It is probably that Mrs. Lowry had the charge of the building of the house and disbursed the moneys and the workmen may have been referred to Mrs. Lowry by the complainant, but these things were not inconsistent with his ownership.

"The question of laches would be a serious one if between strangers, but as between this husband and wife, especially in view of their cordial relations, I do not deem it a serious objection. 

"It is not difficult to appreciate his unwillingness to adopt measures which might have resulted in an estrangement. I think his conduct in this respect is rather to be commended than condemned.

"It is my conclusion that the complainant is entitled to the relief which he seeks.

"I know of no language that can adequately characterize the inhumanity and the unnatural filial brutality with which this aged father has been treated by his son. I think the property should be at once restored to the complainant and a decree may be entered in correspondence with this finding."