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.
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
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}
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
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
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. PATTERSON…Mary 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
Back to Deeds
And Various Other Records of Smith County