Shelby County, Indiana
Jesse Shaw and
Article of agreement between Baily, Shaw and Stephenson
This indenture made and entered into the fifth day of December in the year of our lord one thousand eight hundred and thirty seven between Ira Baily of the county of Shelby and State of Indiana of the first part and Jesse Shaw of the county of Shelby and John Stephenson of the county of Hancock and state of aforesaid of the second part witnesseth that the said Ira Baily for and in consideration of the sum of Six Thousand dollars to be paid in lawful money in the following manner (to wit) one hundred and fifty dollars at the expiration of every three months for the term of ten years from date with lawful interest on the payments of the last two years as described in Notes bearing date with this article and signed by said Shaw and Stephenson and for the full and ample payments as described in this agreement and said Notes the party of the first part binds himself and his executors administrators and assigns that he will give a good and sufficient warranty deed of the following described property being a part of section fourteen township fourteen north range seven east of lands sold in the district of Brookville beginning at a stone on the west line of said section sevenůseventy seven poles and seventeen links from the South West corner of said section thence East to the bank of the Blue River thence north and Northeast up the bank of said River to the South East corner of land owned by the heirs of Hopkins Harris and thence North along the east line of said lands to the centre line of said section thence East to the east bank of the Blue River thence down the east bank to the ford below the Mills, thence
North West to the West line of said section thence north to the place of beginning with all the water privileges thereon with the privileges of having a dam three feet and six inches high from the top of the water at a common stage of the water and the privilege to build into the east bank at the east end of the dam sufficient to secure the dam from floods with all the mills and machinery thereto belonging also part of section fifteen township and range aforesaid beginning at the same stone as the above mentioned land thence west twelve poles and thirteen links thence south one hundred and sixty feet thence east twelve poles and thirteen links thence North one hundred and sixty feet to the place of beginning of the same more or less with all the appurtenances there into belonging.
And the parties of the second part bind themselves their executors administrators heirs and assigns that they will well and truly pay the above sum of six thousand dollars at the several times as described in this article of agreement and designated in the Notes of the same date and signed by said Shaw and Stephenson also that they will keep said Mill and Machinery and other appurtenances on the premises in good repair. And if the said party of the second part shall neglect or refuse to make any of the payments as above described then this article of agreement shall be of no force in law or equity to the said party of the second part and they shall be bound to give possession to said Baily if so required and all of said Notes that are Not due at that time shall be the property of the said Shaw and Stephenson and considered of no force in law if they give possession to said Baily or any other person legally authorized so to do. And all persons being in possession by the authority of said Shaw and Stephenson shall be bound to give possession to said Baily unless said payments be made to said Baily as above describe that is one hundred and fifty dollars at the expiration of every three months from the date of this article for the term of ten years making in all six thousand dollars with interest on the payments of the two last years as mentioned in the Notes of this date. In testimony whereof the parties have hereunto set their hands and seals this day and date above written.
Signed sealed and delivered in presence of Thompson Parke, Joseph Bowler
State of Indiana, Shelby County,
Ira Baily, (seal)
Jesse Shaw (seal)
John Stephenson (seal)
Before me Piercy Kitchel a Justice of the Pease for said county personally came the above names Ira Baily, Jesse Shaw and John Stephenson and each acknowledged the above obligation to be their act and deed for the purpose therein mentiond. In testimony whereof I have hereunto set my hand and seal this 11th day of December 1837.
Piercy Kitchel J.P. (seal)
Recorded January 4th, 1838 M. Robins, Recorder.
Transcribed from the deed book by Larry Shaw
Notes from Larry:
The article above is the agreement signed in
1837 in which my great-grandfather, Jesse Shaw, and John Stephenson agreed
to buy the mill from Ira Baily. It was filed by Piercy Kitchel as Justice
of the Peace.
This was a contract to purchase the Mill from Ira Baily on a ten year
contract. I was unable to determine whether that contract was fulfilled and if
Shaw/Stephenson took ownership and later sold the mill or who the next
owners were. The transfer books were not available on the days that I was
in Shelbyville. I know that Jesse Shaw lived near the Mill, across the line
in Hancock County, in 1850 and then moved from Indiana with his family to
Wisconsin in about 1853.
He returned to Indiana for a visit in 1862 in ill health and died there
where his Will was probated in Rush County in August of that year.
I have, thus far, been unable to determine his actual date of death, where
he was buried or who he was visiting in the area at the time of his death.
This set of letters [see Letters, below] was obviously many years after that when ownership had changed again.
Letters regarding the 1863 purchase of Bailey's Mill, submitted by Marilyn Campbell.
Miscellaneous posts from other researchers regarding Bailey's Mill.
Deed Record Index
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