Duncan research files of
1830 Pulaski Co. AR Census (& from Lorna LaFave 4/17/1983) Pg.244 William Duncan 0000,1000,01 - 0000,1000,01 (MAD: James Duncan on 1829 tax list in Pulaski Co. AR) (MAD: one Peter C. Williams mar. Miss Nancy Duncan 10/9/1828) 1840 Pulaski Co. AR Census Pg.105 James Duncan 1101,1001 - 0010,1
1850 Pulaski Co. AR Census (also from Lorna LaFave 8/1983)
Pg.322, #111-111, Wm. DUNCAN 58 VA farmer $500
Rachel 50 NC
Thos. J. 30, James F. 28 AL
Winney J. 17 TN
Ann E. 11 AR
Saml. P. 17 MS
Chas. WEILBLUR 35 GERM carpenter
(MAD: 1840 Saline Co. AR census; Wm. & Rachel & James F. in 1860 Jefferson Co. AR census; one Ann L. Duncan mar. James W. Walls 11/2/1856 Jefferson Co. AR; one Thomas J. Duncan mar. Maria Bullen 8/15/1853 Saline Co. AR, 1860 Saline Co. AR census as age 30 b.TN; children also said to include Littleton L. Duncan on 1850 Saline Co. AR census)
Pg.325, #151-151, Elizabeth LEFEVRE 41 SC & children
Pg.325, #155-155, John B. LEFEVRE 40 AR farmer $1000
Louisa Q. 14, Nicholas W. 7 AR
Matilda H. 6, William 4 AR
(MAD: looking for Battise Lafavre age 42 said to have mar. Elizabeth Duncan age 38 on 8/21/1851)
Pg.325, #156-156, Acare LEFEVRE (m) 44 AR farmer $4500
Mary F. 35 VA
Ambrose L. 17 AR & younger
Pg.325, #159-159, F.G. LEFEVRE (m) 51 AR farmer $3000
Mary 48 AR
John C. 20 AR & younger
Pg.326, #161-161, Peter LEFEVRE 25 AR & family
Pg.328, #193-193, Leon LEFEVRE 40 AR farmer $3000 (alone)
Little Rock City
Pg.361, #670, Chas. D. DUNCAN 23 OH engineer on steamboat
(MAD: Charles Duncan age 24 mar. Elmira Long age 17 on 4/9/1851; Elmyra Duncan mar. William A. Counts 11/22/1857)
Bayou Metor Twp.
Pg.367, #750-757, Jackson DUNCAN 25 TN farmer
Eliza 17 GA
Sarah E. 1 AR
(MAD: Jackson Duncan mar. Luiza McCraw 2/23/1847)
Pg.368, #756-765, James DUNCAN 60 NC farmer
Sophia 35 TN
George 13 MS
Missouri F. (f) 5, James H. 1 AL
1860 Pulaski Co. AR Census
City of Little Rock
Pg.25, #357, (blank) DUNKIN (m) 25 SCT common laborer
Pg.84, #84-43, John B. LAFEVRE 50 AR farmer $500-$500
Sarah A. 33 AL housewife
Matilda F. 18 AR
William K. 15 AR farmhand
Ruth A. GUNIGAN? 31 AL
Francis (m) 10 AL
John KITCHEN 22 GA farmhand
Pg.124, #353-22, James DUNCAN 36 ENG laborer
Pg.145, #475-31, Jackson DUNCAN 40 SC farmer $1000-$800
Louisa 37 SC
Sarah 13, Cansida (f) 10, Malinda 7 AR
James 4, William 11/12 AR
Big Rock Twp. N4R (Lefere families from page by page)
Pg.159, #562-50 Leon LEFERE (m) 52 AR farmer $12,000-$20,000 (alone)
Pg.159, #563-51 Amber L. LEFERE (m) 18 AR farmer $8,000-$6,500 (alone)
Pg.159, #571-59 Ambros L. LEFERE (m) 26 & family
Pg.159, #574-62 William B. LEFERE 24 AR & wife
Pg.159, #580-68 Francis G. LEFERE 65 AR, Mary 55 SC & others
Pg.186, #164-144, Margaret HALLIBURTON? 50 TN housewife $1600-2000
David 10, Annie 13 AR
L.F. DUNCAN (f) 23 TN seamstress
Lizzie COLE 7? AR
Z?.T DUNCAN (m) 4 AR (first letter of name written over)
Willie (m) 4/12 AR
(MAD: one Lucinda F. Dunkin age 22 mar. George F. Thompson age 22 on 2/27/1861; see Thos. & Wm. Duncan in 1870 Franklin Par. LA census with Maggie Halliberton)
Pg.206, #301-270, L.L. DUNCAN (m) 39 TN farmer $2000-$350
Thomas Jefferson (Duncan) 18 AR
James N. 15, Zacharia H.F. (m) 12 AR
Saml. Lane (m) 10, Harvy C. 8 AR
Rosenia Arkansas Josephine (f) 6 AR
(MAD: Littleton L. Duncan; 1850 Saline Co. AR census; Martha E. Duncan 35 TN d. 1/1860 per Mortality Schedule; L.L. Duncan age 41 mar. Adaline Downs age 17 on 2/27/1861)
1870 Pulaski Co. AR Census
Pg.24, #390-403, WILLIAMS, Charles 43 IL farm lab. $175-$0, mar. in Dec.
Julia 20 IL keeping house, mar. in Dec.
Mary A. 9 AR
DUNCAN, Hariet? (Haust?) (f) 4 IL
ALLERD, Missouri W. (f) 3/12 AR b.March
Bayou Meto Twp.
Pg.30, #30-31, SALIS, Thomas 30 MS farmer $400-$200
Elizabeth 27 AL at home
Monroe (m) 7, Logan (m) 5 AR
John 3, Henry 1 AR
DUNCAN, Tenniss ("m") 14 AR asst. K.H.
(MAD: indexed "Timmes" Duncan)
Big Rock Twp.
Pg.43, #118-132, DUNCAN, Daniel 36 AL farmer $3000-$400
Sarah 31 TN keeps house $1000-$0
Alexander 10, Tennie (f) 8 AR
Mary 7, Lewis (m) 4 AR
Pg.55, #281-304, GAMBELL, Joseph 45 MO BLACK farm laborer $0-$0
Mary 55 KY BLACK
Jane 28 TN BLACK
Amas (m) 30 TN BLACK
William 18 TN BLACK
Mary 25 TN BLACK
DUNCAN, Sophia 6 AR BLACK
Lucy 1 AR BLACK
Pg.75, #580-610, DUNCAN, Alfred 45 VA BLACK farm laborer $0-$0
Caroline 40 MD MULATTO keeps house
Edward 16, Gay (m) 13 AR MULATTOS work on farm
Henry 10 AR MULATTO
Pg.92, #108-109, DUNCAN, Lytle (m) 59 TN farmer $800-$250
Malilda P. (f) 24 MS keeping house
Harvey (m) 16 AR at home
Josaphine (f) 15 AR keeping house
Martha A?. 7 AR at home
Pg.93, #125-126, DUNCAN, Thomas 24 AR farmer $0-$400
Rona M. (f) 25 AL keeping house
Mary K. 5, Richard M. 3 AR
(MAD: not Rosa M.)
Pg.94, #135-136, DUNCAN, Henry 21 AR (whites) farm lab. $0-$0
Lila 22 TX keeping house
John C. 10/12 AR b.Oct.
(MAD: Henry T. Duncan age 20 mar. Delila Mills age 23 12/15/1868; his full name was Zachariah Moderee Lytle Taylor Henry Clay Duncan from info of Jim Porter 10/2002; H.C. Duncan age 35 mar. Annie A. Carpenter age 23 12/4/1884; R. Anna (Martin) Carpenter, per Jim Porter 10/2002)
Pg.95, #159-159, DUNCAN, Henry 36 NC BLACK farm lab. $0-$0
Nancy 27 SC BLACK keeping house
Mary M. 8/12 AR BLACK b.Dec.
(MAD: one Henry Duncan age 40 mar. Nancy Duncan age 35 on 12/11/1868)
Pg.109, #83-83, DUNCAN, H.W. (m) 36 TN farmer $250-$167
Nancy 18 MS k.house
Henry W. 4 TN
Pg.110, #100-100, DUNCAN, W.B. (m) 45 KY farmer $1400-$829
Jane R. 38 TN k.h.
Amanda 18 TN k.h.
William 16 TN farm L.
Mary F. 14 TN
Sarah G. 12 AR
Cordelia (f) 6, Chas. H. 3 AR
Josephine (f) 8/12 AR b.Nov.
(MAD: William Duncan, 1860 Prairie Co. AR census)
Pg.136, #466-501, ALDERSON, Wm. 59 KY farmer $400-$368
Rhoda 55 TN k.h.
Columbus (m) 16 MS farm L.
Alice 10 AR at home
DUNCAN, James D. 19 AR farm L.
John 10 AR farm L.
(MAD: ages as given; ???? children of Little L. Duncan)
Pg.136, #467-502, DOUGLASS, John 56 SC farmer $250-$100
G.H.D. (m) 33 SC farmer
America (f) 18 AR k.h.
DUNCAN, A.H. (m) 17 AR farm L.
(MAD: A.H. Duncan age 22 mar. Jane Braden age 16 on 12/23/1877)
Little Rock, Ward 3
Pg.273, #21-26, COUNTS, William A. 34 AR clerk in hardware store $0-$300
Elmyra R. 34 TN keeps house
Andrew A. 8, Maude (f) 3 AR
(MAD: Charles Duncan age 24 mar. Elmira Long age 17 on 4/9/1851; Elmyra Duncan mar. William A. Counts 11/22/1857)
Pg.273, #21-27, DUNCAN, Elmyra (f) 17 AR seamstress
Chas. D. 1 AR
Little Rock, Ward 4
Pg.336, #374-389, DUNSCOMB, Leander S. (m) 43 NY surveyor
& school teacher $500-$300
Bettie 25 VA keeps house
Finley S. (m) 8, Grant S. (m) 3 AR
Eddie B. (m) 1 AR
Pg.353, #557-707, HOWELL, Isaac 40 KY BLACK teamster $0-$100
Elizabeth 35 KY BLACK keeps house
DUNKINS, George 34 KY BLACK "no occupation," blind
CARY, Major (m) 17 MS BLACK porter in store
GORDON, David 15 AR MULATTO porter in office
JONES, Sallie 26 KY BLACK keeps house
JORDON, Chas. T. 45 NC (white) lawyer $2000-$5000
McMANNUS, Michael 25 IRE tailor, parents of foreign birth
MARTIN, John R. 32 IRE no occupation, parents of foreign birth
Pg.384, #39-39, DUNCAN, Jackson 52 TN farmer $0-$750
Louisa 39 GA keeping house
Sarah E. 22, Mary 19 AR keeping house
Malinda 15, Jimmie (m) 13 AR
William 11 AR at home
Luella (f) 8 AR
Josephine (f) 2, Albert 2 AR
(MAD: ages as given, does not say twins; ?? one Sarah E. Dunkin age 18 had license to marry Thomas C. Mabry age 18 on 9/22/1867)
1910 Census, Big Rock Twp., Pulaski County, Arkansas (from Kathy D. Cawley 12/2007)
S.D.# 5, E.D.# 104, Page# 80B
William A., Head, age 27, M1X, 7 yrs., MO./IL./MO., laborer/lumber mill
Sarah, Wife, age 28, M1X, 5 chi. born, 2 living, MO./IL./N.C.
Frankie, Daughter, age 2, AR./MO./MO.
(not named yet), Son, age 3/12, AR./MO./MO.
HARRIS, Susan, Sister-in-law, age 17, MO./IL./N.C.
1920 Census, Big Rock Twp., Pulaski County, Arkansas (from Kathy D. Cawley 12/2007)
4009 West 27th
William A., Head, rents, age 37, MO./IL./MO., carpenter/house
Sarah, Wife, age 38, MO./IL./S.C.
Frankie, Daughter, age 12, attends school, AR./MO./MO.
Archie, Son, age 9, attends school, AR./MO./MO.
BUELL, Willie, Brother-in-law, age 40, W'd., IL./IL./IL., plasterer/working out
BUELL, Wayne, Nephew, age 8, attends school, AR./IL./MO.
Pulaski Co. AR Probate Records (from Lorna LaFave 9/1983)
7 June 1859?, Petition for appointment of guardianship by Lytle L. Duncan for his children under 14 -- James N., Zachary T.M.H.C. Duncan, Samuel Lane Duncan, Harvey C. Duncan, Madena A.G. Duncan for interest in the estate of the late Wm. Crockett, Sen. dec., as grandchildren being entitled to 1/4 of the estate.
12 Apr. 1866 (filing date), L.L. Duncan petition to the court as guardian of his minor children, Thomas J., James J., Henry, Samuel L., Harvey Cornell, and Josephine to sell 1/3 interest in land in Jefferson Co. The land inherited by the children from an uncle -- 1/3 share -- the other shares to a brother (of the uncle) Wm. Crockett, and sister Elizabeth Canada. All wish to sell the land.
1903 & 1905, Probate records of James Thomas Duncan, d. intestate and unmarried at Little Rock 27 July 1903. Est. of $17,695.46 distributed among relatives in Scotland who were named. He apparently was born between 1845 and 1850, and in Scotland.
Pulaski Co. AR Probate Books (FHL film 1,302,564; and from Lorna LaFave 9/1983)
D-41: April term 1857, 14th April; in the Estate of Charles D. Duncan, decd; this day comes Elmyra R. (plain) Duncan, administratrix of the estate of Charles D. Duncan, decd, by attorney and files her report as adm. of said estate.
? June? 1855, Application for adm. of the estate of Charles D. Duncan, who d. in Desha Co. ? on or about 8 Oct. 1854, leaving no will, the heirs being Elmyra R. Duncan and Charles D. Duncan. Appl. by Elmira R. Duncan.
24 July 1855, Petition for sale of land by Elmyra R. Duncan in the matter of the est. of Charles D. Duncan, late of Pulaski Co., dec'd, being SE 1/4 of Sec. 17, 2S-11W, in Pulaski Co.
Pulaski Co. Chancery Court Record (from Lorna LaFave 11/1983)
1884, Sept. term. Eliza Williford, plaintiff against ? Williford, as administrator, of J.H. Olmstead, deceased, Jennie Duncan, wife of William Duncan, Viola Thrasher, wife of Frank Thrasher, Elmira Hayworth, wife of Thomas Hayworth, Emma Davis, Frank Olmstead, Paulina Olmstead, William Duncan, Frank Thrasher, Thomas Hayworth, James Hayworth, and James Davis, defendants -- that H.J. Olmstead purchased the land SW 1/4 of 30-4N-112 (sic), 160 acres --- with the personal and separate funds of plaintiff and took deed in his name and held said lands as trustee for plaintiff and died without executing said trust ----.
Pulaski Co. AR Tax Records (from Lorna LaFave 9/1983)
1833 James Duncan, 1 horse, 1 cattle
1835 William Dunkin
1838 William Duskin (This may not be Duncan)
1841 James Dungan, NE 26 2N 12W 160 acres (1830-1841) 160 acres
1845 James Duncan
1846 Thomas J. Duncan
James Duncan, 2 horses, 7 cattle
1847 William Duncan, SW NE 28 2S 12W 40 acres, 3 horses, 10 cattle
Thomas J. Duncan, 1 horse
James Duncan, 1 horse
Jackson Duncan, 2 cattle
1848 Jackson Duncan, 1 horse, 1 cattle
James Duncan, 3 horse, 5 cattle
William Duncan, 3 horse, 10 cattle
1849 James Duncan, 3 horse, 3 cattle
I. Duncan, 2 horse, 7 cattle (could be "J" Duncan)
Thomas Duncan, SW NW 2S 12W 40 acres, 3 horses, 15 cattle
Bureau of Land Management, General Land Office Automated Records Project. Little Rock [Pulaski Co.], AR Land Office, Act/Treaty of April 24, 1820, Entry Classification: Sale - Cash Entries
Name, Acres, Date land document signed
Duncan, Charles D, 40 acres, Mar 01 1855
Duncan, James F, 160 acres, Mar 01 1860
Duncan, James F, 120 acres, Jun 01 1859
Duncan, Littleton L, 120 acres, Jun 01 1859
Duncan, Lytle L, 181.89 acres, Mar 01 1860
Duncan, Thomas C, 280.56 acres, Mar 01 1860
Duncan, Thomas C, 40 acres, Mar 01 1860
Duncan, Thomas C, 40 acres, Apr 01 1861
Duncan, Thomas J, 120 acres, Oct 01 1860
Duncan, Thomas J, 80 acres, Jun 01 1859
Duncan, Thomas J, 80 acres, Mar 01 1860
Duncan, William, 40 acres, Aug 02 1838
Duncan, William B, 80 acres, Nov 01 1833
Little Rock [Pulaski Co.], AR Land Office, Act/Treaty of May 20, 1862, Entry Classification: Homestead Entry Orig.
Name, Acres, Date land document signed
Duncan, Chittenden L, 80 acres, Oct 30 1877 (MAD: see Van Buren Co. AR)
Bureau of Land Management, General Land Office Automated Records Project. Batesville [Independence Co.], AR, Land Office, Act/Treaty of April 24, 1820, Entry Classification: Sale - Cash Entries
Name, Acres, Date land document signed (MAD: see Independence Co. for complete list)
Duncan, Stephen, 640 acres, Oct 01 1839 (MAD: Pulaski Co. AR & Adams Co. MS)
Pulaski Co. AR Deed index, grantors, DO-F, 1819-1906 (FHL film 1,302,636; Placerville FHC 4/22/2008 on loan; pg.571+; MAD: have reformatted to put deed book & page first; did not copy Dunscomb or Dungan)
Z-385: Duncan, Charles D. to Applegate, Joseph, Mch. 24, 1856, filed Aug. 16, 1856, Admr. Deed, Z-385, SE part Sec.17 T2N R11W
E3-403: Duncan, Delilah et al to Bridges, Giles, Dec. 6, 1875, filed Dec. 8, 1875, W.D., book E-3, pg.403, part SW Sec.25, SE Sec.26, T2S R11W
Z-384: Duncan, Elmyra R. to Applegate, Joseph, Mch 27, 1856, filed Aug. 16, 1856, Rel of D, Z-384, SE part Sec.17 T2N R11W
R2-614: Duncan, Emily R. to Wassell, John, Mch. 6, 1857, filed Mch 9, 1857, QC L, R2-614, SE part Sec.26 T5N R9W
E3-403: Duncan, Henry et al to Bridges, Giles, Dec. 6, 1875, filed Dec. 8, 1875, W.D., E3-403, part SW 25 and SE 26 T2S R11W
34-95: Duncan, H.K. & wf. to Barnes, Mary Ann, Jany 22, 1891, filed March 21, 1891, W.D., #7382(?), 34-95, SW 1/4 SW 1/4 Sec.31 T1N R11W
C2-1: Duncan, J.F. to Crockett, William, Jan. 5, 1857, filed Dec. 1, 1858, W.D., C2-1, SW SE Sec.25, T2S R12W
8-125: Duncan, John C. & wf. to Crawford, John, Mch. 27, 1879, filed Jan. 4, 1883, S.W.D., 8-125, und. 1/3 E fr 2, NW (1/4) Sec.14, T1N R12W
11-454: Duncan, Jennie et al to Williford, Eliza, Oct. 14, 1884, filed Oct. 29, 1884, Decree, 11-454, SW & W 1/2 NW (1/4) Sec.30 and W 1/2 Sec.29 T4N R11W
C2-2: Duncan, Littleton L. & wf. to Crockett, William, Feb. 13, 1858, filed Dec. 1, 1858, W.D., C2-2, S 1/2 NW (1/4) and NE SW (1/4) Sec.22 T2S R12W
C2-4: Duncan, Lytle to Crockett, William, Feb. 13, 1858, filed Dec. 1, 1858, W.D., C2-4, NW pt. Sec.30 T2S R11W
34-95: Duncan, Elizabeth & husb. to Barnes, Mary Ann, Jany. 22, 1891, filed March 21, 1891, W.D., #7382, 34-95, SW 1/4 SW 1/4 Sec.31 T1N R11W
W-260: Dunkin, R.L. to Brownlee, James, (MAD: date blank), filed Apr. 27, 1849, Assgn, W-260, Int. in lease
AN-47: Duncan, Thomas J. & wf to Jay, John W., Jan. 19, 1863, filed Feb. 3, 1865, W.D., Book AN, pg.47, NW NW & SW SW & E 1/2 NW & NE? SW & SW NW & NW NW (1/4) Sec.26 T2S R13W "& others."
R2-158: Duncan, William & wf. to Hann, Isaac, Feb. 9, 1857, filed Mch 6, 1857, W.D., book R2 pg.158, SW NW (1/4) Sec.28 T2S R12W
11-454: Duncan, William et al to Williford, Eliza, Oct. 14, 1884, filed Oct. 29, 1884, decree, 11-454, SW (1/4) & W 1/2 NW (1/4) Sec.30 and W 1/2 Sec.29 T4N R11W
1903 not copied
Pulaski Co. AR Deed index, grantees, DO-F, 1819-1906 (FHL film 1,302,646 part 4; Placerville FHC 4/22/2008 on loan; pg.571+; MAD: have reformatted to put deed book & page first; did not copy Dunscomb or Dungan)
Z-281: Duncan, Elmyra from Dotter, Marcus & wf, Oct. 27, 1856, filed April 30, 1856, W.D., Z-281, lots 7 & 8, Block 82, Little Rock
R2-616: Duncan, Ellmira R. from Arkansas State of, June 2, 1851, filed March 9, 1851, "Don" (MAD: donation land?), R2-616, SE pt. Sec.26 T5N R9W
X-54: Duncan, James F. from Ross, John M. & wf, Dec. 23, 1852, May 5, 1853, W.D., X-54, part NW (1/4) NW (1/4) Sec.26 and SE (1/4) SW (1/4) Sec.22 T2S R12W
76-277: Duncan, James H. from St.L. M.&S. Ry. Co., Oct. 13, 1882, filed Nov. 10, 1903, D, #1312, rec. book 76 pg.277, part S 1/2 NW 1/4 Sec.18 T4N R10W
MAD: similar deeds in 1890, 76-282, and in 1899, 76-284, not copied
C2-8: Duncan, Martha from Crocket, William, Aug. 4, 1858, rec. Dec. 1, 1858, W.D., C2-8, NW part Sec.30 T2S R11W
MAD: did not copy Leander Dunscomb or other Dunscombs
34-97: Duncan, Lizzie et al from Arkansas State of, Jan. 22, 1891, filed Mch 21, 1891, B? Tax D, #1383, 34-97, part of SW 1/4 SW 1/4 Sec.31 T1N R11W
AN-44: Duncan, Thos. J. from United States, Oct. 11, 1854, filed Feb. 3, 1865, Recpt., AN-44, SE (1/4) NE (1/4) Sec.27 T2S R13W
AN-44: Duncan, Thos. J. from United States, June 1, 1859, filed Feb. 3, 1865, Patent, AN-44, NW (1/4) NW (1/4) & SW (1/4) SW (1/4) Sec.26 T2S R13W
AN-45: Duncan, Thos. J. from United States, March 1, 1860, filed Feb. 3, 1865, Patent, AN-45, SW (1/4) NW (1/4) & NW (1/4) SW (1/4) Sec.26 T2S R13W
AN-46: Duncan, Thos. J. from United States, Oct 1, 1860, filed Feb. 3, 1865, Patent, AN-46, E 1/2 NW (1/4) & NE (1/4) SW (1/4) Sec.26 T2S R13W
G2-263: Duncan, William B. from McCollum, W.J. & wf, Dec. 9, 1858, filed Feb. 1, 1861, W.D., G2-263, NW part Sec.2 T4N R8W
30-66: Duncan, W.R.R. from Roots, P.K. trustee, April 2, 1890, filed Apl. 2, 1890, W.D., 30-66, lot ?10, Block 12, Little Rock, Wrights addn.
MAD: 1901 and 1903 not copied
Pulaski Co. AR Deeds (SLC 6/9/2008; not all deeds copied; extracts also from Lorna LaFave 11/1983)
AN-44 No.39: Cert. #6241 from Receiver to Thos. J. Duncan, 11 Oct. 1854, Thomas J. Duncan of Saline Co. AR for $5 for SE 1/4 NE 1/4 Sec.27 Twp.2S Range 13W, 40 acres. Filed Feb. 3, 1865. (FHL film 1,302,776)
AN-44 No.40: Cert. #9549, Patent to Thomas J. Duncan of Saline Co. AR, 1 June 1859, for NW 1/4 NW 1/4 and SW 1/4 SW 1/4 Sec.26 Twp.2S Range 13W. Filed Feb. 3, 1865. (FHL film 1,302,776)
AN-45: Patent to Thomas J. Duncan of Saline Co. AR, March 1, 1860, SW 1/4 NW 1/4 and NW 1/4 SW 1/4 Sec.26 Twp.2S Range 13W. Filed Feb. 3, 1865. (FHL film 1,302,776)
AN-46: Patent to Thomas J. Duncan of Saline Co. AR, Oct 1, 1860, filed Feb. 3, 1865, Patent, AN-46, E 1/2 NW 1/4 and NE 1/4 SW 1/4 Sec.26 Twp.2S Range 13W. Filed Feb. 3, 1865. (FHL film 1,302,776)
AN-47: 19 Jan. 1863, Thomas J. Duncan and wife Maria of Saline Co. AR for $600 to John H?.(W?) Jay of Pulaski Co. AR, NW 1/4 NW 1/4 and SW 1/4 SW 1/4 and E 1/2 NW 1/4 and NE 1/4 SW 1/4 and SW 1/4 NW 1/4 and NW 1/4 SW 1/4, all in Sec.24 Twp.2S Range 13W, and SE 1/4 NE 1/4 Sec.27 Twp.2S Range 13W, in all containing 320 acres. (FHL film 1,302,776)
X-54: 23 Dec. 1852, John M. Ross and Sarah, his wife, of Pulaski Co. AR for $88 to James F. Duncan of Pulaski Co. AR, NW 1/4 NW 1/4 Sec.26 Twp.2S Range 12W, and SE 1/4 SW 1/4 Sec.22 Twp.2S Range 12W, in all 80 acres. (FHL film 1,302,664)
A2-158: 2 March 1857, William (X) Duncan and wife Rachel (X) of Jefferson Co. to Isaac Hann, $500, SW 1/4 NW 1/4 Sec.28 Twp.2S Range 12W, 40 acres. Executed at Pine Bluff, Jefferson Co. Wit. J.F. Eaton, W. Rider. Rec. 2 April 1857. (FHL film 1,302,764)
C2-1: 5 Jan. 1857, James F. Duncan of Pulaski Co. AR to William Crocket for $250, SW 1/4 SE 1/4 Sec.25 Twp.2S Range 12W, 40 acres. (no wife) /s/ J.F. Duncan. Wit. Wm. G. Campbell, J.R. Dougherty. Rec. Feb. 1, 1858. (FHL film 1,302,764)
C2-2: 13 Feb. 1858, Littleton L. (X) Duncan and wife Martha of Pulaski Co. AR to William Crockett, $40, S 1/2 NW 1/4 and NE 1/4 SW 1/4 Sec.22 Twp.2S Range 12W, 120 acres. Wit. Wm. G. Campbell, James A. Harris. Appeared in Campbell Twp. Filed Dec. 1, 1858. (FHL film 1,302,764)
C2-4: 13 Feb. 1858, Lytle L. (X) Duncan of Pulaski Co. AR to "Willim" Crocket, $50, NW 1/4 Sec.30 Twp.2S Range 11W, 180.89 acres. Wit. Wm. G. Campbell, James A. Harris. (FHL film 1,302,764)
T2-263: 9 Dec. 1858, deed made in Prairie Co. W.J. McCollum of said county to William B. Duncan, for $550, NW 1/4 Sec.2 Twp.4N Range 8W, 180? (160?) acres. Signed W.J. McCollum, Martha McCollum. Wit. F.A. Ticke?, Joshua Ragsdale. Filed in Prairie Co. AR. Recorded Pulaski Co. AR 6 Feb. 1861. (FHL film 1,302,773) (Lorna LaFave note: This land appears to be in present Lonoke Co, formed 1873 from Pulaski and Prairie)
"Reports of cases at law and equity argued and determined in the Supreme Court of Arkansas; January, May and October terms 1859" ("Arkansas Reports") Vol.20, by L.E. Barber, pgs.85 to 92 (California State Law Library, Sacramento, 12/2003)
PEAY, Receiver, etc., v. DUNCAN et al; Supreme Court of Arkansas; 20 Ark. 85; January, 1859, Decided.
Appeal from Monroe Circuit Court in Chancery. Hon. George W. Beazley, Circuit Judge.
(Opinion) ENGLISH, C. J. This was a bill to foreclose a mortgage, filed in the Monroe circuit court, 23d June, 1848. The original complainants were Henry L. Biscoe, Sandford C. Faulkner, and others, residuary trustees of the Real Estate Bank, under the deed of assignment. In the progress of the cause it was shown that, by an order of the chancery court for Pulaski county, the trustees had been removed, and the assets of the bank placed under the management of Gordon N. Peay, as receiver, and he was substituted as complainant in the bill.
The defendants were William B. Duncan, Francis Surget, John Ker, Alfred Mullins, William McBride and John Smith.
The bill alleges that on the 2d July, 1837, Duncan having subscribed 300 shares of the capital stock of the Real Estate Bank, in order to secure the stock, and the repayment of the moneys to be borrowed by him, under the charter, on account of his stock, executed to the bank a mortgage upon a number of tracts of land, which are described, amounting to 3,218 acres, etc., situated in Monroe county, of which he was then the owner in fee. The mortgage was conditioned for the payment of all moneys which Duncan might receive from the bank on account of his subscription for stock, etc., and for the payment of such sum of the bonds of the State, issued in favor of the bank, as would be equal to the amount of stock allowed him, etc., and, also for the payment of the bond given by him for stock, etc., etc. Duncan to remain in possession of the lands until legally sold to discharge his obligations and liabilities aforesaid. Mortgage duly acknowledged and recorded 3d October, 1837, in Monroe county
That on the 4th December, 1839, after the award of stock to Duncan, in order further to secure the payment of said stock, moneys, etc., and to correct mistakes made in the first mortgage, in the description of the lands, he made a second mortgage to the bank, upon the same lands (with corrections, exceptions, etc., stated), conditional in all respects as to the first mortgage; which was duly acknowledged and recorded on the day of its execution.
On the 16th of September, 1837, the board of managers awarded to Duncan 234 shares of stock, etc.; and, under the 17th section of the charter, he became entitled, as stockholder, to borrow from the bank $11,700; and accordingly borrowed the same at the following time, and in the following amounts: October 18th, 1839, $10,534; November 29th, 1839, $1,166.
For which several sums he executed his notes, reciting his rights as stockholder, and binding himself to repay the money so borrowed, by annual payments, so that the whole should be paid by 25th October, 1856, and to pay annually, in advance, interest at the rate of eight per cent. on the part of the sums remaining unpaid at the end of each year. The notes are exhibited.
The bill further alleges the assignment of the bank of the 2d April, 1842, to trustees, including Duncan's mortgages and notes: that complainants were residuary trustees, etc., and that the charter of the bank had been forfeited, etc.
That there were no known liens upon the lands of older date than the mortgages.
That on the 29th November, 1843, Duncan conveyed the lands to Surget and Ker, who were originally joint equitable owners thereof with him. He borrowed said moneys from the bank, and executed the mortgages upon the lands with their knowledge and consent. When he conveyed the lands to them it was with the express understanding that they were bound for the moneys so borrowed by him. Immediately after Duncan sold the lands to them, he left the State, and has never returned, and they are also non-residents. They agreed to pay Duncan's debts to the bank, and were allowed the amount thereof out of the price of the lands in purchasing them of him.
Since the date of the mortgages, the defendants, Mullins, McBride and Smith, had entered upon the lands as tenants of Surget and Ker, leasing from them with notice of the mortgages, etc.
Duncan's notes to the bank remain unpaid, except some small credits, which are stated.
Prayer for foreclosure of the mortgages, sale of the lands, etc., and for general relief.
A demurrer was interposed to the bill in behalf of all the defendants. Afterwards Duncan and Surget withdrew the demurrer as to them, and filed a joint and several plea in bar, accompanied by the answer of Surget as to the matters of discovery prayed by the bill.
The substance of the plea is, that the trustees of the bank had previously filed a bill, in the same court, against Duncan, Surget and Ker, to foreclose the same mortgages, for the same debt; that a demurrer was interposed thereto, overruled by the court, and decree thereupon against the defendants: and they appealed to this court, the decree was reversed, and the cause remanded, and the demurrer sustained, and the bill dismissed for want of equity, in obedience to the mandate of this court.
The death of Ker was suggested, and his executor, widow and heirs made parties. His executor, Duncan, answered the bill, setting up the former decree relied upon by the plea, etc.
The complainants entered replication to the plea and answers.
The cause was heard April, 1856, upon bill, plea, answers, replications and exhibits, and the bill dismissed for want of equity; and Peay, receiver, etc., appealed.
The objection made by the counsel for the appellant, in the argument here, to the sufficiency of the plea in bar of the bill, comes too late.
If a complainant conceives a bill to be defective in form or substance he may take the judgment of the court upon its sufficiency by setting it down for argument; which, in practice, operates as a demurrer. But if the complainant relies to a plea, he puts in issue the truth of its allegations: and if, upon the hearing, the defendant proves the truth of the matter pleaded, the suit, so far as the plea extends, is barred even though the plea is not good in point of form or of substance.
In this case the complainant replied to the plea.
In support of the truth of the allegations of the plea, the defendants exhibited and read upon the hearing, transcripts of the proceedings, etc., of the Monroe circuit court, and of this court, on appeal, in the first bill to foreclose the mortgages in question referred to in the plea. The parties to that bill, it is manifest, were the same, in legal effect, as the parties to the bill now before us, except that three of the defendants to the present bill, Mullins, McBride and Smith were not parties to the first. But it is shown that they were in possession of the mortgaged premises as tenants of Surget and Ker, and held in no other right.
It clearly appears, also, that the first bill was to foreclose the same mortgages, upon the same property, and for the same debt, as the second: and that the final decree against the complainants (the trustees of the bank), though upon demurrer, was upon the merits, and not upon mere formal defects in the bill. (See Duncan et al. v. Biscoe et al., 7 Ark. 175.)
The general principles of law in respect to the conclusiveness of judgments and decrees of the domestic tribunals are well settled, and perfectly intelligible. A judgment or decree of a court of competent jurisdiction, directly upon the point, is conclusive between the same parties, or their privies, upon the same matter, when brought into question in the same court, or in another court of concurrent jurisdiction. The rule is founded upon considerations as well of abstract justice as of public policy, which forbids the litigation of any matter which has been once fairly determined by proper and competent authority between the same parties: or those standing in the relation of privies to them.
In Duncan et al. v. Biscoe et al., which is relied upon as a bar to the present bill, this court decided that the trustees of the bank had no interest, general or special; in the stock mortgages; that they were held for the benefit of the bondholders, and the idemnity of the State; that the trustees could not foreclose the mortgages to obtain payment of the stock loans; and that these loans were made on the faith of the stock owned by the borrowers, and not upon the mortgagee.
This decision is the law of the case, notwithstanding it was overruled in Wilson v. Biscoe, 11 Ark. 44.
Every consideration of public policy requires that a matter once fairly and solemnly adjudicated between parties, should forever be at rest. If a party suffers loss from an erroneous decision, it is but an unavoidable incident to the administration of justice by imperfect beings.
The decree is affirmed.
MAD: See also, in Monroe Co. Arkansas, the case of DUNCAN et al. v. BISCOE et al, Trustees R. E. BANK; Supreme Court of Arkansas; 7 Ark. 175; January, 1846, Decided; from "Reports of cases at law and equity argued and determined in the Supreme Court of Arkansas; January and July term 1846 and January term 1847" ("Arkansas Reports") Vol.7, by E.H. English, pgs.175 to 194 (California State Law Library, Sacramento, 12/2003)
MAD: See also, in New Orleans, Louisiana, and Adams Co. Mississippi, the case of DUNCAN LINTON, CHARLOTTE LINTON and her husband, FRANCIS SURGETTE, STEPHEN DUNCAN guardian of MARY LINTON and JOHN LINTON MINORS, Plaintiffs in error, v. FREDERICK STANTON; Supreme Court of the United States; 53 U.S. 423; 13 L. Ed. 1050; 12 HOW 423; March 1, 1852, Decided December 1851 Term; from "Reports of Cases Argued and Decided in The Supreme Court of the United States" Book XIII (13 L Ed. pgs.1050 to 1051), by Stephen K. Williams, Containing Howard Vol.9, 10, 11, and 12; (12 How pgs.423 to 426) (El Dorado Co. CA Law Library 12/2003)
MAD: See also, in Jackson Co. Arkansas, the case of WILLIAM BYERS, Appellant, v. FRANCIS SURGET; Supreme Court of the United States; 60 U.S. 303; 15 L. Ed. 670; 19 HOW 303; March 5, 1857, Decided; December 1856 Term; from "U.S. Supreme Court Reports - Cases argued and decided in the Supreme Court of the United States" Vol.15 Lawyers Edition, by Stephen K. Williams, 1882; includes Vol.60 U.S. Reports, Dec. 1856; also reported in Vol.19 Howard and Vol.1 Miller's Decisions; pages 670-674 in Vol.15 Lawyer's Edition; pages 303-312 in Vol.60 U.S. Reports (El Dorado Co. CA Law Library 12/2003)
Saline Co. AR Deed (from Lorna LaFave 9/1983)
9 Feb. 1853, William Duncan and Rachel Duncan of Pulaski Co. to Richard P. Hammond, land in Saline Co., W 1/2 of NE 1/4, and NW 1/4 of SE 1/4, Sec. 36, 2S-15W. Wit. Little Page Rowland.
Rappahannock Co. VA Deed (FHL film 33,660)
B-380: 6 June 1835, William B. Duncan of Pulaski Co. AR, one of the heirs of James Duncan Sr. late of Culpeper Co. VA decd who died intestate, to James Duncan Jr. of Culpeper Co. VA, for $1 and other considerations, appoint said James Duncan my attorney to sell my portion of the estate of said James Duncan Sr., and also my right to the portion of my father James Duncan's estate which has been set apart as the dower of my mother Dorcas Duncan the lawful widow of James Duncan decd. Reg. Pulaski Co. AR. (MAD: 1840 Monroe Co. AR census; 1850 Smith Co. TX census)
1908 "Pioneers and Makers of Arkansas" by Josiah H. Shinn (FHL book 976.7 H2s and films 1,004,960 item 2 and 934,822 item 1)
Pg. 161: People over 70 in 1830: Pulaski Co. Septuagenarians .... William Duncan.
1889 "Biographical and historical memoirs : of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the state, a number of biographies of distinguished citizens of the same, a brief descriptive history of each of the counties above named, and numerous biographical sketches of their prominent citizens" (Central AR) pub. by Goodspeed (FHL film 934,823 item 2 and FHL book 976.7 D3bhm; Los Angeles Public Library book; from Evelyn Sigler 8/1983 and Lorna LaFave 3/1984)
Pg.455-6: Pulaski County: Dr. George W. Granberry, a prominent physician and surgeon, of Jacksonville, Ark., was born in Russell Co. AL, September 13, 1848, being a son of Richmond and Zilpha (Duncan) Granberry. The father was a native of Jefferson Co. GA, born in 1817. His parents were Thomas and Claricy (Yarbrough) Granberry, both from the State of Georgia, who moved to Mississippi, when Richmond was in his sixth year. After a residence of a few years in Mississippi, they returned to Georgia, moving to Alabama in 1837, but during their declining years decided to again return to Georgia and pass their last days in that State. Thomas Granberry was a well-known Baptist preacher, and of Irish descent. Mrs. Zilpha Granberry was born in North Carolina, in 1820, and was the daughter of Edmond and Nancy (White) Duncan; the father a native of North Carolina, and of Scotch descent. Mr. Duncan was a soldier in the Revolutionary War, and fought in a regiment from his native State. He escaped the siege and capture of Charleston with his regiment, by being mounted in place of a sick trooper, and taking part in the disastrous expedition with Gen. Moultrie to Monk's Corner, where the command was surprised by Tarleton, and cut to pieces. Mr. Duncan was among the fortunate few who escaped the butchery that followed, and afterward served under Gen. Green until peace was declared in 1783. He settled in Georgia in 1812. Upon the visit of Gen. Lafayette to the United States in 1834, he was among the few old veterans left to greet that venerable patriot. Richmond and Zilpha Granberry were the parents of nine children, four of whom are yet living, the oldest son Benjamin F. Granberry, being killed in the Confederate army. The others died from natural causes. Dr. Granberry was reared in Alabama until twelve years of age, when his parents moved with him to Panola Co. MS, where he was educated in the public schools. On September 27, 1862, the Doctor enlisted in Company H, 2nd Regiment Mississippi Partisan Cavalry, ....
1911 "Historical review of Arkansas, its commerce, industry and modern affairs" 3 vols., by Fay Hempstead, pub. by Lewis Pub. (FHL book 976.7 D32sa; CA State Library, Sutro Branch, book F411 H485; and from Evelyn Sigler 1991)
Vol.II, pg.803-5: ROBERT D. DUNCAN, cashier of State National Bank of Little Rock [Pulaski Co.]; born Claysville, Harrison Co. KY, on 2 July 1858, son of John S. and Mary A. (Curran) Duncan, both natives KY where respective families were founded many years ago, the father a merchant. Duncan family of stanch Scottish lineage, Colonial times. Parents of Mr. Duncan members of Baptist church; of their children, a son and two daughters are living.
The subject of this review was reared to maturity in native state & in state of MO, graduate of William Jewell College of Liberty, MO; business pursuits. In 1870 Mr. Duncan established his home in state of MO, engaged for some time in banking business at St. Joseph, that state; later he located in Kansas City, live-stock commission business, for a number of years; removed to city of St. Louis, banking; in 1904 to Little Rock. In 1884 Mr. Duncan was married to Miss Adelaide J. Corbin, of Liberty, MO, and he has two sons: Corbin M. Duncan connected to Union Electric Co. of St. Louis, and Robert D. Duncan Jr., student of Washington University, St.Louis.
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