|Posted By:||Jan Swart|
|Subject:||Re: brothers Glover and Samuel Baker-Bedford C., VA|
|Post Date:||October 08, 2012 at 10:12:47|
|Forum:||Bedford County, VA Genealogy Forum|
Hi Denise, great to hear from you as well as my occasional e-mails from your sister. I have enclosed below my kept notes on the Court case Pate vs Baker-Appeals Court, Feb 1838 in Richmond, Virginia. I'm not even sure anymore where I saw the case it has been a while since I accessed it.
Great news on your Baker brothers DNA test! I am assuming he has male to male Bakers going back in order to take the Y-chromosome test at FamilyTree DNA? I would suggest getting at least a 37-marker test. Please keep me informed of the match! My first cousin, Lee Baker is no. 128561 in the purple "gunsmith group #4. I was fortunate in that he had male to male Baker DNA going back for many generations.
You might be interested in the case Abraham Baker vs.
Harvey Baker 1868 at the Library of Virgnia Chancery suits. You can access it here. http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=019-1868-055
In 1803, Absalom Baker of Bedford County, brought a slave Amy, age seven, to live on his plantation in Bedford County, gotten under agreement with Phillip Hodnett. Absalom brought Amy to help out his mother. His father, Samuel Baker Sr.and wife Mary, were living with Absalom on Absalom's plantation in Bedford County, according to this suit. This slave Amy was in possession of Samuel Baker Sr. until 1811 ( after Absalom died in Feb of 1809) when another son, Henry Baker, made possession.
John Pate, the defendant in this case, issued an execution of a bond from 1786 issued against Samuel Baker Sr in June of 1816; Slave Amy was taken and in June 1816, was sold under it to the defendant, John Pate of Bedford County.
This case launguished in the courts for at least 15 years. Another suit was brought by Abraham and Samuel Baker, Jr. trustees of Philip Hodnett and slave Amy, in Dec of 1818. In 1837 an appeal was brought by the same Abraham and Samuel Baker Jr. against John Pate.
So from Book 3, p. 197
"In March 1803 the slave Amy, mother of the slaves in the declaration, was the property of Philip Hodnett of the County of Buckingham, and Amy was brought on loan to the house of Absolam Baker in Bedford County where Samuel Baker lived by Absolam Baker, the son of the said Samuel, the loan being by and from Hodnett to the said Absalom upon trust for the benefit of the wife of Samuel Baker, but revocable at the pleasure of the said Hodnett which deed was not recorded but the purpose as was stated by the said Absalom was of aiding in the support of his mother, the wife of said Samuel Baker, who was the sister of the said Phillip Hodnett, during her lifetime and after her death the said slave was to go and pass to him the said Absalom Baker.
On the 3rd day of March 1803 Absalom Baker was a young and unmarried man and his father and mother lived with him in the said Absalom's own land and plantation.
That in the month of November 1803 the said Absalom married and lived for some time in a house near to that in which the said Samuel Baker, his father lived, which house had been used as a kitchen by the said Samuel Baker; that after some time the said Absalom Baker moved to a house, at about the distance of one hundred fifty yards from his father's being on the same tract of land and plantation where he continued until the month of February in the year 1809, when he died, being at his death the agent and trustee of Phill Hodnet, in relation to the said negroe Amy;
That the said slave Amy from the 3rd of March 1803 until the death of the said Absalom Baker continued at the house of the said Samuel Baker. The said slave Amy continued in the possession of the said Samuel Baker until the month of April in the year 1811 at which time she was taken by Archibald Hatcher, Deputy Sheriff of the County of Bedford, to satisfy an execution of Brown & Co against the said Samuel Baker
That on the 28th day of May 1811 and after the seizure of the said slave Amy by the said Archibald Hatcher the saiud Phillip Hodnet appointed Henry Baker, another son of the said Samuel Baker, to make demand and obtain possession of the said slave Amy; that the said Henry Baker being so authorised by Phill Hodnett had several interviews with the agent of the said Brown & Co in relation to the said slave Amy. The agent of Brown & Co persisting in his determination to hold the said slave Amy responsible for the debt due to his principals, the said Henry Baker on the ninth of June 1811, it being the day appointed for the sale, executed his own bond upon a credit for the money due to Brown & Co, where upon the agent of the said Brown & Co surrendered to him the slave Amy for the purpose of being restored to his father the said Samuel Baker but retained possession of her himself (as the agent of Phill Hodnet) or hired her to others.
It further appeared that from the 9th of June 1811 until the month of June 1816 the said Amy was in possession of some of the sons of the said Samuel Baker, sometimes of one and sometimes of another, or of persons to whom she had been hired by them, the said being at different times appointed by writing the agents of Phill Hodnett.
It further appears that on the 7th of June 1816 the said execution came into the hands of Samuel Wilson a Deputy Sheriff of the County of Botetourt where said slave Amy was in the possession of a person top whom she had been hired by the Plaintiff as agents of Hodnett; hat the said slave was taken by the said Wilson by virtue of said execution and on the 21st of June 1816 was sold by the said Wilson for the purpose of satisfying the execution of the Defendant and was purchased by the Defendant at the said sale."