John H. Baker & Jesse Craddock to Quirey & Tyler, 15 Apr 1846

Following a court decree, the remainder of Bullitt County lands belonging to John H. Baker were sold at auction to Quirey and Tyler.

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Philip Johnson, complainant, vs John H. Baker & Others, defendants; and Jesse Craddock, complainant vs the same & others, defendants.

This day this cause came on to be heard on the bills, amended bills, answers, cross bill and exhibits filed in the cause, and the defendant John H. Baker, having been duly served with process in the original and cross bills, it is ordered and decreed that the same be taken against him for confessed. It is further decreed that Jesse Craddock is entitled to a priority of lien on the property in his mortgage and answer set out. It is now decreed and ordered that unless the defendant Baker do pay the said Craddock the sums of $1500 and $531 with interest on both debts after the rate of six percent per annum from the 1st day of January 1842 till paid on or before the first day of the next term of this court, that the mortgaged property or so much thereof as will be sufficient to pay the same be sold in satisfaction of said debts and interest aforesaid.

It is further decreed and ordered that the complainant Philip Johnson is entitled to the amount of his common law judgment, to wit, the sum of $2710.40 and interest thereon at six per cent per annum from the 15th day of Jun 1839 till paid and $6.25 the cost of this common law judgment. But the court is of opinion that his lien is subsequent and inferior to the lien of the defendant Craddock and the sale in satisfaction of complainant's debt cannot be made until the sale is made in satisfaction of defendant Craddock's demands, the sale is therefore postponed until the expiration of the day given for the sale under Craddock's mortgage. Henry C. Thomas is appointed commissioner to sell said mortgaged property or so much thereof as will be sufficient to pay, first the defendant Craddock and then next the complainant's debts aforesaid. It appearing to the court that the Collins tract of 200 acres on which the Crooked Creek furnace is situated has been sold by the decree of this court in the case of Collins against Collins for the purchase money, the commissioner on selling the property herein decreed to be sold is directed not to make sale of said 200 acres upon which said furnace is situated. And the cause is continued.

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Whereas in the suit in chancery pending in the Bullitt Circuit Court in the name of Philip Johnson against John H. Baker, Jesse Craddock &c, the said court did by its order and decree of the 17 of April 1845 appoint Henry C. Thomas a commissioner to sell the lands in said cause named, or so much thereof as would pay the debts decreed to said Jesse Craddock and complainant Philip Johnson, unless said Baker should pay and satisfy said debts as decreed on o before the first day of the succeeding October Term, and said debts not being paid, the said complainant did by its order of the 7 October 1845 on the suggestion of the nonpayment of the sums decreed to be paid direct the said commissioner H. C. Thomas to sell the lands according to the terms of said decree.

And thereupon said Thomas, commissioner for that purpose, did advertise said land said decreed to be sold according to the directions of said decree to be sold at the courthouse door in Shepherdsville on the 15th day of December 1845, being County Court day, and did then and there sell the same to the highest bidder and Charles Quirey and James E. Tyler being the best bidders became the purchasers of the 5000 and odd acres including the part sold to Collins by Railey, and by Collins to Baker for the sum of $1500 and in like manner said Charles Quirey and James E. Tyler became the purchasers of the 2000 acres call the West claim for the sum of $992.90 sale was on twelve months credit and the tracts were sold separately.

The said 5000 and odd acres is the same tract of land sold and conveyed by Randolph Railey by his attorney in fact to John H. Baker by deed dated 17 Dec 1833 and recorded in Bullitt County Court office in Deed Book H, Page 36, reference thereto had will more particularly point out the boundary and number of acres and the land is in Bullitt County, Kentucky on Crooked Creek and adjoining the Crooked Creek furnace.

The other tract [126 acres] included in the bounds of the aforesaid tract and is described in the deed from said Railey to Collins, recorded in same office in Deed Book E [actually Book D], Page 334, and the 2000 acre tract is on Long Lick Creek, Bullitt County, and the same land conveyed by the sheriff of Bullitt County to J. Littlejohn by deed recorded in same office in deed book G, Page 302 and sold by Littlejohn to Baker and transferred by bond from said Littlejohn to Baker, reference is had to said deeds, bond and decrees orders and papers filed in said suit to show the more specific descriptions of said land, and said commissioner H. C. Thomas made report of said sales to the said court at the April Term 1846, and the said report and sales were confirmed by the court, and Noah C. Summers was appointed a commissioner to convey said lands so purchased to said Quirey and Tyler, wherefore in consideration of he premises.

This indenture made this 15 of April 1846 between John H. Baker and Jesse Craddock by N. C. Summers, commissioner for them for that purpose, of the one part and said Charles Quirey and James E. Tyler of the other part, witnesseth that for and in consideration of the premises, orders, sales and payment of said purchase money aforesaid they the said Baker and Craddock have sold and conveyed and by these presents do sell and convey the said lands aforesaid sold and herein described with their appurtenances unto them the said Charles Quirey and James E. Tyler, and to their heirs and assigns forever.

To have and to hold the said lands and appurtenances herein described to them said Quirey and Tyler and to their heirs forever against the claims of them the said Baker and Craddock and their heirs and all other persons as fully as by law the case will warrant and authorize said commissioner to convey and sell and warrant title without any responsibility on the commissioner. Witness the hands and seals of the grantors the day aforesaid. (signed) John H. Baker and Jesse Craddock, both by N. C. Summers, commissioner.