Joshua Jones Baker

Estate Record

Coffee Co., TN Court Loose Records. To the Honorable T.L. STEWART, Chancellor, Presiding At Manchester, Tennessee.
The Bill of complaint of W.M. BAKER, Mollie HENLEY and husband Will HENLEY, citizens of Franklin County, Tennessee, Mrs. Myrtle SHERRILL and husband, John SHERRILL, citizens of Coffee County, Tennessee, and Mrs. Sarah WILDER and husband, Jesse WILDER, citizens of the State of Texas, and nonresidents of the State of Tennessee, Against Ed. BAKER, Leonard BAKER, citizens of Coffee County, Tennessee, and Hobert BAKER, a citizen of the State of Texas, and a nonresident of the State of Tennessee, S.M. BAKER, Mrs. Trudy ROPER and husband Albert ROPER, Mrs. Martha DOTSON and husband A.L. DOTSON, citizens of Coffee County, Tennessee and Henry BAKER, a citizen of the State of Texas and a non-resident of the State of Tennessee, defendants.
Complainants would respectfully show the Court: That J.J. BAKER died, intestate, in Coffee County, Tennessee on (blank) day of February, 1917, leaving surviving him, complainants and defendants, his children and only heirs at law; his wife, Mrs. Mary BAKER having died in February 1915.
That said J.J. BAKER was owner in fee of the following described tract of land, situated in the 12th, Civil District of Coffee County, Tennessee. Bounded on the North by A.L. DOTSON, on the South by A.L. DOTSON, on the East by John SHERRILL and on the west by the TROWEBRIDGE farm, containing eighty acres, more or less.
That previous to his death, J.J. BAKER on the (blank) day of March, 1916, conveyed said tract of land to defendants Ed. BAKER and Hobert BAKER, for the recited consideration of $1500.00, and since then, defendant Hobert BAKER claims to have sold his one-half interest in the property to defendant Leonard BAKER. Copies of both of these deeds will be filed in proof; that defendants Ed. BAKER and Leonard BAKER claim to be the owners of said tract of land and are in possession of the same and are enjoying the rents and profits thereof.
Complainants would further show the Court that said tract of land was worth, at the time of said conveyance and is now worth more than $3500.00, and that the recited consideration of $1500.00, a small part of which was paid, is nominal, and was known to said parties at the time they took said conveyance.
Complainants would further show the Court that their father, J.J. BAKER was seventy years of age when he executed said deed, and was old, feeble in mind and body and had been severely afflicted for thirty years with Catarrah of the head, almost deaf and had Dropsy, to such an extent that he attended to no business affairs of the slightest nature for many years before the death of his wife. His mind was impaired to such and extent that he didn't know his rights in business transactions and actually depended on his wife and children to attend to same for him for many years before he executed said deed. He could not remember correctly the slightest business transaction, and looked to his wife, and after his wife's death in February, 1915, he was left with defendants, Ed. BAKER, Hobert BAKER and S.M. BAKER, who looked after him, and cared for his business and he had to depend upon them in all of his business transactions of the slightest nature. Defendant Ed. BAKER married and moved into the home with said J.J. BAKER and said defendant Ed. BAKER, Hobert BAKER and S.M. BAKER exerted undue influence over said J.J. BAKER and could induce him to do anything they desired, to such an extent that his free agency was destroyed, and he was unable to resist them in his weakness of mind and body. While in this condition defendants Ed. BAKER, Hobert BAKER and S.M. BAKER realizing these things induced said J.J. BAKER to execute said deed to Ed. BAKER and Hobert BAKER, conveying said eighty acres to them in March, 1916. Said J.J. BAKER did not have the mental capacity to understand the nature of said transaction or the value of the land conveyed, as he was imbecile of mind and of infirm purpose, which rendered him an easy victim to imposition and fraud by them, which were successfully used upon him in securing this conveyance. Complainants allege that said J.J. BAKER reposed such confidence in said parties that he would have done anything for them, and that when he executed said deed, his confidence in them was badly abused, and the advantage of his incompetency, weakness of understanding and clouded faculties was to the great detriment of him and extravagant gain on their part, and that they obtained this property for the alleged consideration of $1500.00 whereas it was actually worth $3500.00.
Complainants allege that said defendants at the time they took said conveyance from said J.J. BAKER, well knew he was of unsound mind, knew his weakness and lack of knowledge of his own interest, and that when defendant said Leonard BAKER took said conveyance from said Hobert BAKER he knew the same thing and took said conveyance with the knowledge of the imposition and fraud perpetrated by Ed. BAKER and Hobert BAKER upon his father.
Complainants would further show the Court that said J.J. BAKER had about $1300.00 in cash after his wife's death, horses, cows, chickens and farming implements which he disposed of and gave the proceeds to S.M. BAKER, Ed. BAKER and Hobert BAKER to the exclusion of his other children, and that this was done under the undue influence of said parties.
Complainants allege that said Ed. BAKER and Hobert BAKER executed notes to said J.J. BAKER aggregating the sum of $1500.00, and paid no part of the consideration in cash, but after the death of said J.J. BAKER defendant S.M. BAKER qualified as Administrator, and took possession of said notes, and had made some kind of settlement with defendants Ed. BAKER and Hobert BAKER, whereby they claimed that a part of said notes have been paid.
Complainants alleges that they have a right to come into this Court and have said deeds rescinded, delivered up and cancelled, and to have said property sold for partition.
Complainants allege that the defendants Ed. BAKER and Leonard BAKER are about to mortgage said property to some Loan Company in order to secure a loan in the event they do not sell it, and that said parties are trying to sell said property, and will do so unless restrained by the injunctive powers of this Court. Complainants further allege that said property is so situated that it cannot be equally and equitably partitioned in kind, and it will be to the interest of the said parties to have said land sold for partition as there are only two dwelling houses, one barn, and watered by only one well; and that if said property is divided into eleven shares, each share will be so small they will be practically valueless as it is not situated near to any town or village.
Complainants therefore pray:
That all the defendants named in the Caption be made such by the issuance and service of process on the resident defendants and that publication be made for nonresidents. Let them answer this Bill at the May Rule Day, next, but their answer to the same is expressly waived. (2) That the defendants Ed. BAKER, Hobert BAKER and Leonard BAKER be required to deliver up said deeds and that the same be rescinded, and that they be enjoined from setting up any claim to or under them, and that they be further enjoined from selling, disposing of, for mortgaging or encumbering said property, and that said deeds be declared void and cancelled; and that whatever title the deeds may have conveyed to the defendants be divested out of them and invested in complainants and the other heirs of said J.J. BAKER, deceased, and that the notes executed by Hobert BAKER and Ed. BAKER to said J.J. BAKER, now in the hands of S.M. BAKER, administrator, be delivered up and cancelled.
(3) That at the hearing decree the rights of all parties to said property, and after decreeing a rescission of said deeds, let said land be sold for partition on a credit of six, twelve and eighteen months time, except twenty per cent cash on the date of the sale, and to this end let all necessary reference to the Master be had. That complainants may have such further and other relief as the nature of their case may require. Grant general relief.
This is the first application for an injunction. Signed Arthur CROWNOVER, Solicitor.
State of Tennessee, Franklin County.
W.M. BAKER makes oath in due form of law, that the statements in the foregoing Bill made as of his own knowledge, are true; and those made on information and belief, he believes to be true.
Signed: W.M. BAKER
Sworn to and subscribed to before me this March 11th, 1919 R.B. HAWKINS, Notary Public. I go surety for cost. Signed: Arthur CROWNOVER.