LAND and LEGACY of GEORGE BAKER 1779-1839

Rev 17 Aug 2010

 

This compiled information has been collected and transcribed from the Microforms provided by the North Carolina State Archives, the Tennessee State Library and Archives, the Smith County Historical and Genealogical Society, and online from the USGenWeb Site of Smith County, Tennessee.  Any comments, additions, corrections or suggestions, are solicited by the compiler.

 

Compiled by John M. Shepherd: Comments of questions click here.

 

 

George BAKER, was born 29 January 1779, and his wife Mary LAIL, was born 17 October 1784, both in North Carolina. They were married about 1801 in North Carolina and had thirteen children, five born in Burke County, North Carolina and eight in Smith County, Tennessee.

 

The birth dates for George, Mary and all of their children were copied from the Family Bible of their tenth child, Joseph Henderson BAKER, by one of his granddaughters. The Bible was later destroyed in a fire.  The dates as given agree with all of the census and vital records that have been found at this time.

 

In a Land Deed dated 13 Feb 1803, George Baker purchased 150 acres from Andrew Baird in Burke County, North Carolina.  Baird was an agent of the Land Speculation Trust, based in Rhode Island.  The price of this land is not given.

 

The 1805 Tax List for Captain Howel’s Company, Burke County, North Carolina, shows George Baker paying tax on 150 acres of land and 1 titheable.

 

This land purchase which George made in his twenty fourth year implies that he inherited cash after the deaths of his parents, Johann Jacob Becker (1738-1786) and Susannah Sigmon (1735-1798). We do not yet have information about the sale of this land when they moved to Tennessee about 1811.

 

 

In the 1810 Federal Census, Morganton Township, Burke County, North Carolina, George BAKER, was Head of Household, showing:

Males under 10                                    4              Jacob (7), Henry (5), George Jr. (4), John (2)               

Males 26 & under 45                          1              George (31)

Females 26 & under 45                     1              Mary (26)

This George was the only one in North Carolina whose only children were four boys under the age of ten.

 

 

George, 32 and Mary Lail, 27 BAKER arrived in Smith County, Tennessee about 1811 after leaving Burke County, North Carolina. They were accompanied by their first five children, all males: Jacob, 8; Henry, 6; George Jr., 5; John, 3; and Pleasant Solomon, 1.

 

From Smith County Will Book D, p 62

7 February 1817, Inventory of the Estate of Robert Moore, deceased.  (George Baker is mentioned among the Note holders.)

 

From Smith County Will Book D, p 65

? February 1817, Inventory of the Estate of William Hogun (Hogan), deceased. (George Baker is mentioned among the Note holders.)

 

From Smith County Will Book D, p 205

6 May 1818, Inventory of the Heirs of William Hogun (Hogan), deceased. (George Baker is mentioned among the Heirs.)

 

In the 1820 Federal Census, George BAKER, was Head of Household, showing:

Males under 10                                    3              William (5), Samuel (3), Andrew J. (1)

Males 10 & under 16                          4              Henry (15, George Jr.(14), John (12), Solomon (10)

Males 16 to 18                                     1              Jacob (17)

Males 16 to 26                                     1              unknown

Males 45 & upward                             1              George (41) ?

Females under 10                              1              Susan (8)

Females 26 to 45                                                1              Mary (36)

 

The first land transaction on record for George was not until 12 May 1822, as follows:

From Deed Book H, pp.208-209, 12 May 1822. (Transcribed)

This Indenture made this twelfth day of May One thousand eight hundred and twenty-two between George W. Campbell of Nashville of the one part and George Baker of the County of Smith State of Tennessee of the other part,  Witnesseth, that the said George W. Campbell for and in consideration of the sum of Four hundred & thirty dollars to him in hand paid, the receipt whereof is hereby acknowledged hath given granted bargain & sold, and by these presents doth give grant bargain and sell unto George Baker a certain tract of land lying and being in the County of Smith State of Tennessee on the South side of Cumberland River.  Beginning at an Elm on the bank of Hogans Creek  Thence North 30 Dº West 163 poles to a White Walnut,  Thence South 68 Dº West  172 poles to S.M. Williams corner,  Thence with his line South 20 Dº East 124 poles to a Sugartree on the creek bank,  Thence North 62 Dº  East 61 poles,  Thence North 50 Dº East 22 poles, Thence North 30 Dº East 24 poles,  Thence North 71 Dº East 64 poles to the beginning  Containing One hundred and eighty eight acres of land be the same more or less;  Being part of a tract of land of Three hundred and thirty four acres conveyed by Lemuel and A. S. Hogan to the said George W. Campbell and sold by A. S. Hogan to said George Baker for the said Campbell.  To have and to hold the same free and clear of all incumbrances from him the said George W. Campbell his heirs forever, to the only proper use and behoof of him the said George Baker his heirs and assigns forever.  In testimony whereof the said George W. Campbell has hereunto set his hand, and affixed his seal the day and year above mentioned.

                                                                                                G. W. Campbell    {Seal}

Signed sealed & delivered in presents of      { Jas  Crutchfield 

                                                                                { Ewd  Haskins

State of Tennessee Smith County Court August Term 1822.

Then the execution of this Deed of Conveyance was duly proven in open Court by the oaths of James Crutchfield & Edward Haskins witnessed thereto and on motion ordered to be certified for Registration.

                                                                                                Attest   Jonathan Pickett    Clerk

                                                                                                                Of Smith County Court

Registered September 19th 1822

                                Davis Burford    Register of Smith County

 

From Deed Book H, p. 208, 14 May 1822. (Transcribed)

This Indenture made this 14th day of May in the year 1822 between George W. Campbell of Nashville of the one part and Samuel B. Crutchfield of Smith County and State of Tennessee of the other part,  Witnesseth, that the said George W. Campbell for and in consideration of Two hundred dollars to him in hand paid the receipt whereof is hereby acknowledged, hath given granted, bargained & sold, and by these presents does give grant bargain & sell to said Samuel B. a certain tract or parcel of land, containing Forty seven acres and three fourths of an acre of land in Smith County on Hogans Creek,  Beginning at a Sugartree  Thence South 30 degrees West Two hundred and sixty poles to a stake in the field   Thence North 30 degrees West

fifty six poles to a Sugartree in said branch,  Thence down the branch South 78 degrees East seventy six poles to a Sugartree,  Thence North 87 degrees East twenty poles,  Thence North sixty-two degrees East sixty one poles  Thence North 50 degs East twenty two poles,  Thence North 30 degs East twenty four poles  Thence North 71 degs East sixty four poles to a Elm on the bank of the creek,  Thence South 30 degs East twenty-five poles to the beginning, being part of a tract of Three hundred and twenty-four acres conveyed by Samuel Hogan for said Campbell to have and to hold the same free and clear of all incumbrances from him the said George W. Campbell his heirs etc forever, to the only proper use and behoof of him the said Samuel B. Crutchfield, his heirs & assigns forever.  In testimony whereof the said George W. Campbell has hereunto set his hand and affixed his seal the day and year first above written.  Signed sealed and delivered in presence of

Jas Crutchfied                                                                    G. W. Campbell    {Seal}

Ewd Haskins

State of Tennessee Smith County Court August Term 1822. 

 

Then the Execution of this Deed of conveyance George W. Campbell to Samuel B. Crutchfield was duly proven in open court by the oaths of  James Crutchfield & Edwd Haskins witnesses thereto, and on motion ordered to be certified for registration.                              Attest      Jonathan Pickett Clk

                                                                                                                Of Smith County Court

Registered September 19th 1822

                                                David Burford       Register of Smith County

 

The above two deeds are consecutive records in the Deed Book.  The lands of George BAKER and Samuel CRUTCHFIELD were adjacent. Samuel’s widow, Elizabeth CRUTCHFIELD, died shortly after Mary BAKER. 

 

In the 1830 Federal Census, George BAKER, was Head of Household, showing:

Males under 5                                      1              Archibald W. O. (3)

Males 5 & under 10                             2              Joseph H. (9), Philip J. (5)

Males 10 & under 15                          2              William (15), Samuel (13), Andrew J. (11) See Note

Males 15 & under 20                          1              Pleasant Solomon (20)

Males 20 & under 30                          1              George Jr. (24)

Males 50 & under 60                          1              George (51)

Females 5 & under 10                1          Mary L. (7)

Females 15 & under 20              1          Susan (18)

Females 40 & under 50              1          Mary (45)

Note: Only two of these three males were at home.

 

These two Deeds reference George BAKER, Jr.  See separate file.

John Moore to George Baker a tract of land. 28 Nov 1834. (Deed Book M, p. 461)

William Reeves to George Baker, Jr. a tract of land on Hogan’s Creek 28 Nov 1834 (Deed Book M, p. 462)

 

The 1837 (TN) Smith County Tax List, District 14, shows George BAKER, Sr. owned 188 acres of (Deeded) land with a value of $840.00 on which he paid no tax. He was exempted from paying poll tax.  George, Jr. owned 109 acres of (Deeded) land with a value of $400.00 on which he paid 30 cents tax, plus poll tax totaling $1.275.  Neighbor, Elizabeth CRUTCHFIELD owned 416 acres of (Deeded) land with a value of $2000.00 on which she paid $1.00 tax, plus 5 black polls, $1.25 tax and no white poll tax.

 

From Smith County Chancery Court Minutes 1825-1842, Aug. 1939, pp 531-532.

William W. Ligons Distributees  }

                                Vs.                              }           Origl  Bill

John Grisham and others     }

Be it remembered this cause came on to be heard on this 30th August 1839 before the honorable Thomas S. Williams, Chancellor, in the presence of counsel on both sides, and the whole matter of the pleadings and proof being same and fully understood by the Court – and the Court being of opinion that the Bill of Complaint as to George Baker one of the Defendants, ought to be dismissed it is therefore ordered  adjudged and decreed by the Court that the Bill of Complaint as to George Baker be dismissed at Complainants cost..  And as to the other Defendants, it is further ordered, adjudged and decreed by the Court , that the whole matter as to said other Defendants, be referred to the Clerk and master to take an account upon all the matters and things included in the pleadings, and report to the next Term.

If any of said Defendants last mentioned, either as administrating, or administer or as Guardian should have been guilty of negligence in any matter or thing with said estate, so as to create a liability, in all such cases the Clerk and Master will particularly fix the dates and state the facts that as may be seen who are to be charged therewith.

The Clerk and Master will state an account with each of said parties  defendants as administratrix  as administrates  and as guardian  severally – sharing the liability of each, and report balanced.

Court adjourned until Court is convened.                       Thomas S. Williams

 

In the above cause, George Baker had served as surety for John Grisham, who was named Administrator of the Estate of William W. Ligons, on behalf of his wife, Jane, Ligons daughter. Grisham sold estate land and personal property, then it was said that he was “Gone to Texas”.  It is believed that the dismissal of George Baker from the list of defendants constitutes compelling evidence that George was in fact deceased before this August Term of the Court.  See the next two cases.

 

From Smith County Settlement Book, 1836-1838, Nov 1839. p 544.

State of Tennessee            }               November Term  County Court  1839

Smith County                        }               To William Baker a citizen of Smith County.  It appearing to the Court now in session that George Baker has departed this life intestate  and this Court being satisfied as to your claim to the administration  and you having given bond and qualified as directed by law and the Court having ordered that Letters of Administration be issued to you.

These are therefore to authorize and empower you to take into your possession and control all the papers goods chattles and claims of the said intestate and return a true and perfect inventory thereof  to our next County Court to collect & pay all debts and to do and transact all the duties in relation to said estate which lawfully directs you as administrator, and after having settled up said estate to deliver the residue thereof to those who are by law entitled   Witness John J. Burnett clerk of said Court at office in Carthage the 2_th Nov 1839 & 64th Year of American Independence.     John J. Burnett     clk

 

From Smith County Settlement Book, 1836-1838, Dec 1839, p 578.

December Term County Court 1839.    Years Provisions Widow of George Baker decd – 200 lbs. Sugar that is on hand, The crib of corn supposed to be 80 bu., 30 bushels of Wheat, Fifteen hogs supposed to make 2500 lb. Of pork, and all of the bacon and lard, and soap that is on hand, 1 barrel of salt and half that is on hand, 2 lb pepper and one pound of spice.            }{                             Thomas W. Wootin

Recorded 28 Jan 1840                                                      }{                             Dicken Ward

See Original in File No 1                                                    }{                             John S. Carter

 

From Smith County Settlement Book, 1836-1838, Jan 1840.pp 603-605

January Term County Court 1840.  Inventory of Act of Sales of George Baker. Decd. –

 

Mary Baker  1 Press and sundry item Contents                                        5.00

1 folding table  2.00   Desk & Bookcase  5.00                                             7.00

1 Clock   3.00   Candlestand  50 cts   Writing Desk  1.00                         4.50

2 Spinning Wheels & Reel  2.00   1 Beaureau  3.00                                 5.00

4 Beds, Bedsteds & Furniture  3.00                                                            12.00

1 Chest  1.00   1 Looking Glass  50 cts   1 Cupboard  3.00                     4.50

1 Loom  3.00   9 Jars  1.00   1 lot castings  2.00                                        6.00

1 Pail & 1 Piggin  50 cts   1 Lg. Pot  1.00   18 Chairs  2.00                       3.50

1 Lg. Skittle  1.00   1 Table  1.00   1 Land Horse  30.00                         33.00

1 Roan Mare  26.12½   2 Heifers @2.00  4.00                                          30.12½

2 Cows  5.00  & 4.00 Wheat   Fan of Cutting Box  5.00                           14.00

8 T Dee Stands  8.00   15 Bastands  3.75                                                 11.75

10 First Class Sheep  5.00   1 Lot Corn  25 cts                                         5.25

16 Choice Shoats & 2 Sows  5.00   Spotted Hens  2.68¾                       7.68¾

1500 bundles Oats  3.75    Lot of Tops  25 cts   Fodder 25 cts               4.25

1 Lot Shanks  12 cts   1 Rawhide  80 cts                                                        .92

1 pr Fire Irons, shovel & Pot Rack

2 Pr Gear  2.00   1 Lot Geese  2.00                                                               4.00                   156.00

James Avis   1 Saw & Drawing Knife  2.00                                                 2.00

Jacob Baker   1 Shot Gun   11.00                                                               11.00

Jas. Wootten   2 Shovel Ploughs  2.00                                                        2.00

Johnson Sampson   1 Pr Cartwheels   15.00                                         15.00

Thomas Bridges   2  Augers   50 cts                                               .               .50

L. James   1 Drawing Knife   50 cts                                                                 .50

Orville Green   1 Foot Adze   56¼ cts                                                              .56¼

John Waid   3 Augers   1.56¼                                                                        1.56¼

J.M. Eastes   1 Flax Wheel  1.37½   1 Lot Plain   56½                               1.94

Wm. I. Ballinger   1 Jug   12½   2 Barrells  75  cts   1 Ax  21 cts

1 Bar Steel  3.25    1 Grind Stone  6.00                                      10.33½

James Ballinger  4 Plains  1.25   1 Ax  40 cts                                             1.65

Solomon Baker   2 Cary Ploughs & Single Tree                                      10.00

1 Lot Blacksmith Tools  62.00   4 Augers  2.25                                        64.25

1 Drawing Knife  75 cts   1 Lot Chisels  4.06¼   1 Saw 50 cts                 5.31¼

1 Jug Oil  1.50   1 Box Lumber  1.25   1 Lot Tools  50 cts                         3.25

2 Whet Stones  1.56¼   2 Chisels  25 cts   1 Auger  25 cts                      2.06¼

2 Saws  75 cts   1 Grind Stone  4.06¼   1 Pr Steelyard  1.00                   5.81¼

5 Hogs  20.00   2 Hand Axes  4.31¼   1 Broad Ax  2.00                           26.31¼

1 Bucket of White Lead & Blue & Red Paint                                                2.06¼

2 Paint Brushes  25 cts   1 yd Chain  25 cts                                                  .50

Spanish Irons  12½   1 Box Fads  25 cts   1 Lot Oats  1.50                      1.87½

2 Lots Planks  3.25   1 Lot Timber  5.00   Old Barrells  50 cts                 8.75

1 Turning Smith  50 cts   4 Wagon Hubs  1.00                                           1.50                   131.68¾

George Baker    1 Square  1.00   1 Drawing Knife  56¼                           1.56¼

1 Cross Cut Saw  2.25   1 Scythe, 1 Cradle  4.68¾                                   6.93¾

1 Round Shovel  12½ cts   1 Box Shoemaking Tools  2.25                      2.37½

1 Rifle  19.12½   1 Still  55.06¼   24 Gals  12.00                                      86.18¾

1 Set Cooper Tools  2.12½   1 Still   1.06¼                                                  3.18¼

1 Drawing Knife  81¼ cts   1 Log Chain  3.62½                                          4.43¾

6 Bee Stands  6.75   Scythe & Cradle  3.37½                                           10.12½                115.31¼

1 Gun Rod  50 cts                                                                                               .50

Dickin Ward   1 Shingling Knife  1.00

             3 Plains  3.06¼   1 Grind Stone  1.00                                              5.06¼

Thomas Woottin   1 T Pot  50 cts   4 Gimbels  25 cts                                 .75

1 Set Plains  2.00   1 White Saw  2.89½                                                       4.87½                     5.62½

 John Stewart   1 Bay Mare  7.00   10 Sheep  11.25                               18.25

 John H. Litchford   1 Bay Filly   31.00                                                        31.00

Joseph Baker   1 Clay Bank Colt                                                                26.12½

A.J. Baker   1 Colt   20.00                                                                             20.00

Wm. Slinkard   1 Bay Horse   26.06¼                                                        26.06¼

Vincent Bradford   1 Star  7.43   1 Fro  1.00                                                8.43¾

Rob J. Douglas   1 Dun Star   5.25                                                                5.25

Henry Williams   1  Brace & Bit   3.00                                                           3.00                   643.37

 

Supplementary of the Estate of George Baker

Cash on hand at Intestate Death                                                                38.90

Links Note              12 Dec 1829      (Desperate)                                        7.00

Uhls                       14 Sept 1839     (Good)                                                 19.00

Hodges                    1 Janr 1839     (Good)                                                10.32

Ward                       7 Augh 1839     (Good)                                                  2.81

James Hodges  do 12 Augh 1825    (Desperate)                                      1.75

 Richard Stern   do    2 Janr 1835     (Desperate)                                      2.04

 Vincent Bradford a/c                        (Good)                                                  5.00

 Jas C. Robinson  do                         (Desperate)                                         2.87

 Henry Holly          do                         (Desperate)                                          1.37

                                                                                                                           91.11

Thomas W. Wooton reports himself indebted to intestate

       In a balance about 11.00 which intestate left mark.                         11.00

                                                                                           102.11

Amount of Sales Bid Forwd                                                                  643.37

                        Total Amount                                                                         745.48

 

In addition to the above there are some joint effects Notes due to _____ & George Baker, late partner which when  the partnership is closed will affirm a supplemental inventory.    6 Janr 1840

                                                                                                William Baker

Recorded 17 Feb 1840      }               Administrator of the Estate of George Baker

Original in File No 2            }

 

 

Evidently, George BAKER Sr. died about 1839. No tombstone or death date has been found in Smith County.

 

In the 1840 Federal Census, The widow, Mary BAKER, was Head of Household, showing:

Males 10 & under 15          2              Phillip J. (15) and Archibald W. O. (13)

Males   15 & under 20        1              Joseph Henderson (19)

Males 20 & under 30          3              Pleasant Solomon (29), William (25), and Andrew J. (21)

Females 15 & under 20     1              Mary L. (17)

Females 20 & under 30     1              Susan (28)

Females 50 & under 60     1              Mary  [Widow]  (56)

 

From Deed Book U, p.16, 3 Jan 1849. (Transcribed)

This Indenture made and entered into this day between Joseph Baker of the one part of the State of Tennesse and County of Smith and do hearby covenant and sell to Susan Baker of the other part of the State and County aforesaid all my interest both real and personal belonging to the Estate of George Baker deceased and Mary Baker for the sum of Forty Dollars to me paid in hand to have and to hold forever to the said Susan Baker her heirs and assigns and I the said Joseph Baker hearby bind myself  heirs and assigns to defend the same against all claims whatsoever as Wirness I do hearunto set my hand and seal this 3rd day of January 1849.                                                  Joseph H. Baker                 {Seal}

John W. Eastes

John D. Bradley

Tennessee Smith County  }               Personally appeared before me W.V.R. Hallum Clerk of the County Court of Smith County   John D. Bradley  subscribing witness to the within named Deed of Conveyance who being first sworn depose and say that he is acquainted with Joseph H. Baker  the bargainor and that he acknowledged the same in his presents to be his act and deed upon the day it bears date and Thos. W. Wooton and swear thereupon being duly sworn depose and say that they are acquainted with the handwriting of John W. Eastes  the other subscribing witness and who is dead that they believe the signature hereto purporting to be his is the genuine signature of the said John W. Eastes decd.   Witness my hand at office the 23rd  Han 1851.                                         W.V.R. Hallum      Clerk

Rcd. The 23rd Jan 1851 at 1oclock PM                            D.A. Sanders        Rgr

 

 

Joseph Henderson Baker and his family moved to Kentucky in 1849.

 

In the 1850 Federal Census, Mary BAKER, is again Head of Household, showing:

306/306                 Mary       Baker                      65           F                              600                         N Carolina

                                Arch                                        21           M                                                             Tennessee

                                Phillip                                     19           M                                                                     do

                                John                                       17           M                                                                     do

                                Benjamin                              14           M                                                                     do

                                Emaline                                 11           F                                                                      do

                                Jacob                                     10           M                                                                     do

The last four counted above are the children of Jacob BAKER.

                                                                                                                                   

Evidently, Mary Lail BAKER died after the 1850 Census and before April 1853.

 

 

From Deed Book U, p.16, 23 Jan 1851. (Transcribed)

This Indenture made and entered into this day between George Baker of the one part of the State of Tennessee and County of Smith   Susan Neal of Kentucky of the other part  Whereas the said George Baker has conveyed his interest in George Baker Sr. decd in both real and personal estate to the said Susan Neal to have and to hold forever  after the death of my mother Mary Baker  for the consideration of Forty Dollars to me in hand paid this 23rd January 1851.                      George Baker      {Seal}

Attest

Felix G. Mann       }

Tennessee Smith County  }               Personally appeared before me William V.R. Hallum Clerk of  Smith County Court   George Baker the within named bargainor with whom I am personally acquainted and who acknowledged that he executed the foregoing Deed of Conveyance for the purposes therein contained   Witness my hand at office this 23rd January 1851.              W.V.R. Hallum      Clerk

Rcd this 23rd Jan 1851 at 11 AM                                       D.A. Sanders        Regr

 

 

 

From Deed Book V, pp. 190-191, 23 Apr 1853. (Transcribed)

We John Neal and Susan Neal his wife  Egbert H. Brassell and Mary L. Brassell his wife  Jeremiah Neal and Mary M. Neal his wife of the State of Kentuckey have this day bargained and sold and do hereby transfer and convey to Andrew J. Baker and his heirs forever for the consideration of one hundred and twenty dollars to us the said John & Susan Neal paid and forty dollars to us the said Egbert H. & Mary L. Brassell paid and thirteen dollars 33 1/3 cents to us the said Jeremiah & Mary M. Neal paid our entire undivided interest and share whether in law or equity in present right or further right in and to a tract of land in the State of Tennessee Smith County Civil District No 14 containing one hundred and eighty acres be the same more or less lying on Hogan’s Creek bounded North & East by the land owned by Jeremiah Smith  South by the land of Elizabeth Crutchfield  West by the same and Hezekiah Stallings the same is hereon widow Mary Baker now reside and left by George Baker deceased late of Smith County Tennessee  to his legal heirs the said John & Susan are the owners of one share by heirship and two by purchase  the said Egbert H. & Mary L. are the owners of one share or interest by decent or heirship  and the said Jeremiah & Mary M. are the owners of one third of one interest by heirship  the consideration above given is rated at forty dollars for one full share to have and to hold the same to the said Andrew J. Baker his heirs and assigns forever  we do covenant with the said Andrew J. Baker that we are lawfully seized of said share in said land have a good right to convey them and that the same is unencumbered   we further covenant and bind ourselves our heirs  and representatives to warrant and forever defend the title to said share or interest in said land and every part thereof herein conveyed to the said Andrew J. Baker his heirs and assigns against the lawful claims of all persons whatever this 23” day April 1853

                                                                                                John Neal                             {sd}

                                                                                                Susan Neal                           {sd}

                                                                                                E H Brassell                         {sd}

                                                                                                Mary L Brassell                   {sd}

                                                                                                Jeremiah Neal                     {sd}

                                                                                                Mary M herXmark Neal     {sd}

State of  Kentucky Barren County Sct

                I Travis Cockerell  Clerk of the County Court for said County certify that the foregoing deed from  John Neal  & Susan Neal his wife  E H Brassell & Mary L Brassell his wife  & Jeremiah Neal & Mary M Neal his wife  to Andrew J Baker was on this day acknowledged before me by the said Brassells & Neals to be their act on a deed and the said Mary Brassell  Mary M. Neal & Susan Neal being each examined privately & apart from their said husband declared that  they did fully & willingly sign seal & deliver the said writing of there own free will & accord without the threats persuazion or coursion of there said husbands and wish not to retract it and acknowledged the said writing against them & explain to each of them by me to be their act and deed and covenants that the same may be recorded where appears the same is hereby certified to the proper registration office in the State of Tennessee where the Order is Filed for record

{SEAL}                                   In testimony whereof I have hearon to set my hand & affixed the Seal of said County at my office in Glasgow on this 23” day April 1853.

                                                                                Travis Cockerell   Clerk

State of Kentuckey  }

Barron County Sect }           I William R. Mc Hurran  Sole Judge of the County Court for the County & State aforesaid certify that Travis Cockerell whose name is signed to the foregoing certificate to & before whom

the foregoing acknowledgement were made is and was at the time of signing the same Clerk of the County Court for the County & State aforesaid duly elected commissioned & qualified according to said that as such full faith & credit are due and be given to all of his official acts & that the foregoing signature purporting to be

his is genuine & his certificate and attestation are in due form of law per testimony whereof I have herein to set my name and seal this 23” day April 1853.

                                                                                                William R McHurren   JBbb         {sd}

Rcd the 4” of May 1853 at 10AM

                                                                                                D C  Sanders      Rqd

 

From Deed Book V, p. 193, 27 Apr 1853. (Transcribed)

This Indenture made and entered into this 27” of April 1853 between Solomon Baker  P J Baker  A W O Baker of the County of Smith and State of Tennessee of the one part  and A J Baker of the same place of the other part witnesseth that for and in consideration of the sum of one hundred and twenty dollars to us in hand paid  The receipt whereof is hearby  acknowledged  The said Solomon  P J  and  A W O Baker have this day bargained granted sold and conveyed to the sd A J Baker and his heirs forever our interest in a certain tract of land lying and being in the County aforesaid lying on the waters of Hogans Creek in District No 14  bounded South by Thomas Crutchfields  land West by the same   North by Hezekiah Stallings and

Jeremiah Smith and  East by Jeremiah Smith by estimation one hundred eighty acres be the same more or less to have and to hold the aforesaid shares in land and all of its appurtenances forever and we the said Solomon  P J  & A W O Baker for ourselves our heirs executors and administrators  and assignees will warrant  and forever defend the right  title claim and interest in and to the aforesaid parcel of land to him A J Baker his heirs and assigns forever against the claim or claims of all persons of all persons whatsoever   In testimony whereof we hearunto set our hands and affix our seals this the day and date above written

                                                                                                P. J. Baker                            {sd}

                                                                                                A W O Baker                        (sd)

                                                                                                Solomon Baker                   {sd}

Tennessee Smith County  }

                Personally appeared before me William V R Hallum Clerk of the County Court of Smith County  Phillip J Baker  A W O Baker  &  Solomon Baker   the within named bargained with Andrew J  and personally acquainted and who acknowledged that they executed the same for the purposes therein contained  Witness my hand at office this 4” day of May 1853

                                                                                                W V R Hallum   Clerk

Rcd the 4”  May 1853  at 10 oclock AM

                                                                                                D C Sanders    Rqd

 

From Deed Book V, pp. 276-277, 13 Jul 1853 (Transcribed)

State of Missouri    }

McDonald County  }   I Samuel Baker of the County and State aforesaid do hearby  nominate and appoint Benjamin Wooton of the County of Smith and State of Tennessee my attorney in fact  for myself & in my name to sell and convey to any person or persons their heirs and assigns forever who will purchase the same by general warrantee deed in one or more tracts as he may think best all of my interest in a tract of land in the State of Tennessee Smith County containing by estimation one hundred and  eighty acres be the same more or less and bounded as follows  on the East by the lands of Jeremiah Smith  on the North by the same  on the West by Hezekiah Stallings and Elizabeth Crutchfield on the South by Elizabeth in Civil District No 14 and being the land upon which my Father George Baker formerly lived and died possessed of and take and the consideration money or take note for the same at his discretion  he may also bring and prosecute in my name any suit that may be necessary to gain possession of or establish my title to the same  employ such counsel or other aid as he may need at my expense and charge and we do hearby ratify and confirm any act or thing he may lawfully do in the premises as fully as if I was present and doing the same myself this the 13” day of July AD 1853

John B. Borg  }

R S Noel       }                                                                        Samuel Baker               {sd}

 

State of Missouri County of Mc Donald

                Personally came before me the undersigned Justice of the Peace within & for the said County in the State of Missouri  The above named Samuel Baker who is personally known to me to be the person whos name is subscribed to the above Power of Attorney who acknowledged that he signed sealed and delivered the same for the uses and purposes therein expressed in testimony whereof I have hearin to subscribe my name this 13” day of July AD 1853

                                                                                                Hiram H Foukes           Jus Peace

State of Missouri Mc Donald County

                I John B King Clerk of the County Court within & for the said County do hearby certify that Hiram H Fouks before whom the within and forgoing Power of Attorney was acknowledged was at the time thereof

and is still an acting Justice of the Peace duly commissioned & sworn as such and that full faith & credit are due and aught to be given to all his official acts as such as well in Courts of Justice as elsewhere in testimony whereof I have hereunto set my hand and affixed my private seal  there being no seal yet provided at the Clerks Office in Marysville this 13” day July  AD 1853

{Private Seal}                                                                        John B King        Clerk

 

State of Missouri County of Mc Donald

                I Jeremiah R. Mosier  Presiding Justice of the County Court within and for the same Court in the State  Missouri certify that the certificate of John B King the above named Clerk is in due form of law and that he is the Clerk of the above named County Court

                                                                                                J. R. Mosier           Presiding Justice

Rcd the 5” Aug 1853 at 4 PM

                                                                                                D. C. Sanders      Recd

 

From Deed Book V, p. 289, 23 Aug 1853. (Transcribed)

I Samuel Baker by my attorney in fact Benjamin Wooton have this day bargained and sold and do hearby transfer and convey to Andrew J. Baker and his heirs and assigns forever for the consideration of forty dollars to me paid all of my right title claim and interest in a tract of land in the State of Tennessee Smith County and District No 14 containing by estimation one hundred and eighty eight acres more or less and bounded as follows  on the East by the land of Jeremiah Smith  on the North by the lands of the same and Hezekiah Stallings  on the West by the lands of Elizabeth Crutchfield  on the South by the same  said land lies on Tragners Creek to have and to hold the same to the said Andrew  J. Baker his heirs and assigns forever   I do covenant with the said A. J. Baker that I am lawfully seized of said land  have a good right to convey it and that the land is unencumbered  I do further covenant and bind myself  my heirs and representatives to warrant and forever defend the title to my interest   it being one twelfth of said land and every part thereof to the said Andrew J. Baker his heirs and assigns against the lawful claims of all persons whatever   this the 23” day of August 1853

                                                                                                Samuel Baker                     {sd}

                                                                                                by Benjamin Wooton          {sd}

                                                                                                his attorney in fact

Tennessee Smith County

                Personally appeared before me William V. R. Hallum Clerk of the County Court of Smith County  Benjamin Wooton Attorney in fact for Samuel Baker the bargainer  Benjamin Wooton the Obligor for the bargainer with whom I am personally acquainted who acknowledged that he executed the within and for the purposes therein contained witness my hand at office this 23 day of August 1853

                                                                                                W V R Hallum                       Clerk

Rcd the 23 day Aug 1853 at 4 oclock PM       

                                                                                                D C Sanders        Rcr

 

After receiving Title to their interest in the land of George BAKER, deceased, from the heirs, Andrew J. BAKER, acting as administrator of the estate, proceeded to legal action. In what was apparently a “Friendly” action, Andrew J. BAKER sued the rest of the heirs in County Court to establish a recorded auction of the land and distribution of the receipts of the sale.

 

From Minutes of the Clerk of the Court, Smith County, Tennessee (Nov 1853-Nov 1863), Vol. 19-21, p.7, 7 Nov 1853.  (Transcribed)

Andrew J. Baker            }

                vs.                     }

Jacob Baker & Others  }

Be it known here that this cause came on to be heard on this 7th day of November 1853 before the worshipful County Court of Smith upon Bill orders thereto of some of the defendents and Bill taken pro confesso as to others  process having been regularly served where upon it appeared to the Court that  the children of William Baker deceased had not regular guardian and that George Glass was a suitable person to act for them  The Court therefore appoints him to act audeer ? as guardian ad litem for them which was done and the Court ordered a reference to the Clerk to locate Proof and report instanter as to the propriety

of  selling and the value of the land described in the Bill on one and two years credit, and afterwards on the same day the Clerk made his report which was unexcepted to as appraised to the Court, from which it appeared to the Court that said land is worth on one and two years credit Seven hundred dollars subject to

the widows dower and that it was necessary to sell the same for distribution, and it further appeared to the Court that (Susan Baker) the widow of George Baker deced has never had dower assigned her out of the real estate of her deceased husband George Baker from all which premises it satisfactorily appeared to the Court that it would be to the interest of those concerned, to have the dower allotted on the tract of land mentioned in this Bill.  Sold for the purpose adjudged and decreed by the Court that the County Surveyor together with Benjamin Moultin and Isham Hale be appointed commissioners to lay off and assign dower to the widow and that they proceed immediately to attend to the same before the last of land is sold and report to the next term,  It is further ordered, adjudged and decreed by the Court  that the Clerk of this Court after advertising 20 or more days previously at the Court house door in Carthage and three or more public places in the vicinity of said land and also on the premises the time and place of sale proceed to sell at auction on one and two years credit except a sum to be paid in cash.  Sufficient to pay costs taking notes with good security and retaining a Lien for the purchase money,  said tract of land subject to the Widows Dower.  Said Sale not to be made until said tract of land sell for $700.00 or more.  The Clerk will report to the next term.

                Court adjourned until Tomorrow morning                     

                                                                                                                                N. Ward

                                                                                                                                Wm. B. Whitley

                                                                                                                                A. H. King

The widow, Mary Baker, was incorrectly identified as Susan Baker above.

 

From Minutes of the Clerk of the Court, Smith County, Tennessee (Nov 1853-Nov 1863), Vol. 19-21, p. 12  (Transcribed)

Andrew J. Baker            }

                vs.                     }

Jacob Baker & Others  }

Be it remembered that this cause came on again to be heard before the Worshipful County Court of Smith County on this 5th day of December 1853. Upon report of the Clerk  made in pursuance to an interlocutory decree of a former term of this Court. Which report is in the words and figures following, to wit:  The undersigned Clerk who was directed to Sell the lands of which George Baker died seized and possess on a credit of one and two years subject to the Widows Dower, would respectfully report, that after giving the notice required he proceeded to Sell all the premises on the first day of December 1853 said lands when and where.  Andrew J. Baker became the purchaser at the price of Seven hundred dollars $700.00 he being the highest best and only bidder who executed his two Several Notes due at twelve and twenty four months for $327.50 Three hundred & twenty seven dollars and 50 cents with George Baker & Robert Enoch his securities & paid in cash $45.00 Forty five dollars  a lien was also retained on the lands for the purchase money this 5th day of December 1853.                              W V R Hallum          Clerk

 

And it appears to the Court that said report is unexcepted to;  The Court doth therefore in all things confirm the same, from which report it appears to the Court that Andrew J. Baker became the purchaser of the land he being the highest and best bidder.  It is hereby ordered adjudged and decreed that all the rights title and interest all the parties to this suit,  the heirs of the said George Baker Sr.  Decd have in and to Andrew J. Baker and his heirs and assigns Subject however to the Widows Dower, and a lien nevertheless is retained for the purchase money and handed as described in the Bill to wit:  Bounded on the East by the lands of Jeremiah Smith, on the North by the same and Hezekiah Stallings,  on the West by Elizabeth Crutchfield and South by the same.  On the waters of Hogan’s Creek & in West over 14.  It is further ordered that the Clerk pay all the cost of this suit since acting a fee of fifteen dollars to Samuel M. Fite for his services out of the money paid at time of sale.  It is further ordered that the Clerk proceed to collect said notes when due & pay over to those entitled according to the Bill. Said Clerk is authorized to cancel the notes so far as the purchasers interest will amount.

                Court is adjourned until tomorrow morning.                                  N. Ward

                                                                                                                                A. H. King

                                                                                                                                Wm. B. Whitley

 

As of 5 December 1854 the apparent heirs were:

Jacob BAKER b.1803

George BAKER Jr. b.1806

John BAKER b.1808 d.1833 - (His heirs)

                Mary Marinda BAKER b.1828 m. Jeremiah NEAL

                Louisa J. BAKER b.1830

                John BAKER b.1833

Pleasant Solomon BAKER b.1810

Susan BAKER b.1812 m. John NEAL

William BAKER b.1815 d.~d.1853 – (His heirs)

                Mary Elizabeth BAKER b.1845 m. John B. PATTERSON

                Zachary Taylor BAKER b.1847

                Lovell P. BAKER b.1849

                George C. BAKER b.1851

Samuel BAKER b.1817

Andrew J. BAKER b.1819

Joseph Henderson BAKER b.1821

Mary L. BAKER b. 1823 m. Egbert H. BRASWELL

Phillip J. BAKER b.1825

Archibald W. O. BAKER b.1827

 

Pursuant to the final action of the County Court above on 5 Dec 1854, the Clerk of the Court collected the payments due from the purchaser, Andrew J. BAKER, then recorded and distributed these receipts to the heirs.            

 

From Court Administrators Receipt Book – Smith County (Nov 1854-Jul 1877), Section I, p. 22, 9 Jan 1855. (Transcribed)

Received of WVR Hallum clerk etc. fifty three dollars & 25 cts. The full amount due me from the sale of land belonging to the heirs of George BAKER decd sold by order of Court, this 6th Jan 1855.

                                                                                                                Jacob BAKER

Tennessee Smith County – Personally appeared before me William VR Hallum clerk of the County Court of Smith County, Jacob BAKER with whom I am personally acquainted & who acknowledged that he executed the foregoing receipt for the purposes therein contained. Witness my hand at office this 9th day of January 1855.                                                                                           WVR Hallum         clk

Recorded 13th January 1855             See File dated 1854

 

From Court Administrators Receipt Book – Smith County (Nov 1854-Jul 1877), Section I, p. 25, 5 Jan 1855. (Transcribed)

Received of WVR Hallum  clerk Five hundred & nine dollars & 39 cts the full amount due me in my own right & in the purchase of George BAKER, Mary NEAL, Solomon BAKER, Susan NEAL, Samuel BAKER, Joseph H. BAKER, Mary L. BRASWELL, Philip J. BAKER, & Archible W. O. BAKER being the purchasee of eight full shares and one third of another share of the proceeds of the tract of land decended from George BAKER Sr. decd, Sold by order of Smith County Court this 5th day of January 1855.

                                                                                                                A. J. BAKER

 

Tennessee Smith County – Personally appeared before me William VR Hallum Clerk of the County Court of Smith County, Andrew J. BAKER with whom I am personally acquainted & who acknowledged that he executed the within receipt for the purposes therein contained. Witness my hand at office this 9th day of January 1855.                                                                                  WVR Hallum         clk

Recorded 19th January 1855             See File dated 1854

 

 

 

From Deed Book W, pp. 261-262, 3 Feb 1855. (Transcribed)

Andrew J. Baker            }    FINAL  DECREE

                Vs                      }      Be it remembered that this case came on again to be heard before the 

Jacob Baker & others   }      worshipful County Court of Smith County on this 5th day of Dec 1853 upon the report of the Clerk made in pursuance to an interlocutory decree of a former term of this Court which report is in the words and figures following, To wit,  The undersigned Clerk who was directed to sell the lands of which George Baker Sr died seized and possessed on a credit of one and two years subject to the Widows Dower would respectfully report that after giving the notice required he proceeded to sell on the premises on the 1st day of December 1853  said lands when and where Andrew J. Baker became the purchaser at the price of Seven hundred dollars $700.00  He being the highest and best and only bidder who executed his two several notes due at twelve and twenty four months for &327.50 Three hundred and twenty seven dollars and 50 cents each with George Baker and Robert Enoch his securities and paid in cash $45.00 Forty five dollars  a lien was also retained on the lands for the purchase money this 5th December 1853.

                                                                                                                WVR Hallum         Clerk

And it appears to the Court that said report is unexceptioned to the Court doth therefore in all things confirm the same from which report it appears to the Court that Andrew J. Baker became the purchaser of the land he being the highest and best bidder it is therefore ordered adjudged and decreed that all the right title  and interest all the parties to this suit the heirs of George Baker Sr ded have in and to said land be divested out of them and vested forever in the said Andrew J. Baker his heirs and assigns subject however to the Widows Dower and a lien nevertheless is retained for the purchase money and bounded as described in the bill to wit.  Bounded on the East by the lands of Jeremiah Smith  on the North by the same and Hezekiah Stallings  on the West by Elizabeth Crutchfield and South by the same.  On the waters of Hogans Creek and In District No 14.  It is further ordained that the Clerk pay all the cost of this suit including a fee of fifteen dollars to Samuel M. Fite attn for his services out of the money paid at the time of sale  It is further ordered that the Clerk proceed to collect said notes when due and pay over to those entitled according to the Bill said Clerk is authorized to cancel the notes so far as the purchasers interest will amount

 

Tennessee Smith County }  I  William VR Hallum Clerk of the County Court of Smith County do hereby certify that the foregoing transcript is a true copy of the Final Decree in said case  In testimony whereof I have hereunto set my hand this 2nd day of February 1855.

                                                                                                WVR Hallum

Received Feb 3d 1855 at 2 Oclock PM

                                                                                                D C Sanders        Register 

 

From Court Administrators Receipt Book – Smith County (Nov 1854-Jul 1877), Section I, p. 48, 19 May 1855. (Transcribed)

Received of WVR Hallum clerk Three hundred & eighty three dollars & 28 cts the full amount due me as one of the heirs of John BAKER decd said amount arises from the sale of George BAKERs land sold by order of  Smith County Court this 19th day of May 1855.                           John BAKER

Tennessee Smith County – Personally appeared before me William VR Hallum clerk of the County Court of Smith County, John BAKER with whom I am personally acquainted & who acknowledged that he executed the foregoing receipt for the purposes therein contained.              WVR Hallum         clk

Recorded same day                           See File dated 1855

 

 

From Court Administrators Receipt Book – Smith County (Nov 1854-Jul 1877), Section I, p. 102, 6 Jun 1856. (Transcribed)

Received of WVR Hallum former clerk Eighteen dollars & twenty cents the full amount due me from said Hallum from the proceeds of the sale of the Real Estate of George BAKER decd seized and possessed. Sold by order of Smith County Court in the case of  Andrew J. BAKER & others vs Jacob BAKER & Others this 6th June 1856.                                                                         Louisa J. BAKER

Tennessee Smith County – Personally appeared before me David C. Sanders Clerk of the County Court of Smith County, Louisa J. BAKER with whom I am personally acquainted and who acknowledged that she executed the within receipt for the purposes therein contained. Witness my hand at office the 6th June 1856.

                                                                                                                DC Sanders         clk                 

Recorded 12 Jun 1856                      See file dated 1856.

 

 

From Court Administrators Receipt Book – Smith County (Nov 1854-Jul 1877), Section II, p. 23, 12 Jun 1856. (Transcribed)

Received of N. WARD my former guardian One hundred fifty two dollars & 51 cts in full of my interest in my fathers estate. Given under my hand and Apl 10th 1855.             John BAKER

Recorded 12 Jun 1856.                     See file dated 1856

 

From Court Administrators Receipt Book – Smith County (Nov 1854-Jul 1877), Section II, p. 34, 4 Mar 1857. (Transcribed)

$163.87                 Recd of Americus D. BOULTON  my guardian One hundred and sixty three dollars & 87 cts in full of all demands due as guardian this 4th day March 1857.                Mary BAKER

                                                                                                                J. BAKER

Recorded 25th June 1857                                                                  DC Sanders         clk

 

From Court Administrators Receipt Book – Smith County (Nov 1854-Jul 1877), Section II, p. 68, 23 Jul 1862. (Transcribed)

$ 25.06                  Received of John S. CARTER guardian of Elizabeth BAKER Twenty five dollars & six cents, less $1.25 for recording this receipt it being the amount with interest to this date including one dollar and fifty cents from N. WARD administrator of the estate of Mary BAKER deceased in his hands coming to me from the estate of  William BAKER deceased this the 23 day of July 1862.

                                                                                                                John B. PATTERSON

                                                                                                                Mary E. PATTERSON

Tennessee Smith County – Personally appeared before me Wm. B. Whitley an Acting Justice of the Peace …John B. PATTERSONMary Elizabeth PATTERSON formerly Elizabeth BAKER…apart from her husband the said John B. PATTERSON …Witness my hand and seal July 23rd 1862.

                                                                                                                Wm. B. Whitley  JP for Smith County

                                                                                                Attest      E. W. Turner          Clerk    

 

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