Duncan research files of
1830 Habersham Co. GA Census Pg.63 Alexander Duncin 1000,11 - 1000,11 Elisha Duncan 1000,1 - 1000,1 (MAD: 1840 Union Co. GA census) 66 Makle Duncan 0 - 1000,2 (MAD: name definitely "Makle")
1840-1870 Habersham Co. GA Census
No Duncan indexed
Habersham Co. GA Marriage index, 1824-1964 (FHL film 382,595)
(Marriage records start 1868-1897; FHL film 382,596, not looked at)
Index by Book A, 1819-1841; Book B, 1841-1871; Book C etc. not looked at
Groom index only; brides found by looking page by page through Books A & B only
Book A, #19, pg.210, Elisha Duncan to Nancy Robertson, mar. Jan. 15, 1834. (MAD: 1840 Union Co. GA census)
Book B, #2, pg.175, Charles Duncan to Margaret Dodd, mar. Sept. 15, 1859. (MAD: ?? 1860 Banks Co. GA census)
Book B, #69, pg.129, Oliver Duncan to Sarah Griggs, mar. Nov. 4, 1855. (MAD: 1860 York Co. SC census)
Book A, #32, pg.258, John F. Cannon to Nancy Duncan, Aug. 1, 1837. (MAD: dau. of Charles Duncan & Mary Ford of 1850 Union Co. GA census)
Book A, #17, pg.175, Moses Gillespie to Elizabeth Duncan, Dec. 15, 1832. (MAD: dau. of Charles Duncan & Mary Ford of 1850 Union Co. GA census)
GA Land Lotteries; Habersham Co. GA
Name, lottery year, militia district & county of residence, draw
Duncan, Bryant, 1832, of Davis Militia Dist., Jones Co., drew gold lot #368 in Dist.13, Sec.1 South, Cherokee Purchase (MAD: later Habersham Co.)
Duncan, George, 1820, of Wallers Dist., Jones Co., drew lot #20 in Dist.12, Habersham Co.
Duncan, James Sr., 1832, of M. Browns Militia Dist., Habersham Co., drew gold lot #311 in Dist.21, Sec.2, Cherokee Purchase (MAD: later Cherokee or Bartow Co.)
Duncan, James Sr., 1832, of Brown's Militia Dist., Habersham Co., drew land lot in Dist.13 Sec.3, Murray Co., granted before 1 Jan. 1838.
Duncan, Thomas, 1820, of Northcuts Dist., Jasper Co., drew lot #131 in Dist.2, Habersham Co. (MAD: later White Co.)
Duncan, Wiley, 1832, of R. Browns Militia Dist., Habersham Co., drew gold lot #109 in Dist.3, Sec.2, Cherokee Purchase (MAD: later Cherokee Co.)
Habersham Co. GA Deed Indexes
Direct deed index, 1818-1900, A-M; copied to book S (FHL film 382,548)
L-17: 11 Jan. 1830, Alexander Duncan to Amos Hill, rec. 11/3/1830
L-40: 10 May 1829, R.B. & P.E. Duncan to Daniel Brown, rec. 12/25/1830
M-102: 5 Dec. 1827, Thomas Duncan to James Bryan, rec. 10/3/1832
M-305: 25 Oct. 1832, Alex Duncan to Jesse R. Siler, rec. 4/23/1833
Q-14: 28 Aug. 1841, P.E. Duncan to L.F.E. Dugas, rec. 12/27/1841
Q-82: 4 March 1842, Charles Duncan to Joshua Sutton, rec. 4/30/1842
R-48: 8 May 1841, Alexander Duncan to James and Daniel Brown, rec. 2/18/1845
RR-206: 5 Feb. 1849, R.B. Duncan to Wm. J. Rusk, rec. 1/3/1850
S-157: 1 Nov. 1853, R.B. Duncan by atty to Thomas Dooly trustee, deed, rec. 11/29/1853.
Reverse deed index, 1818-1900, Ca-Pull; copied to book S (FHL film 382,551)
F-122: 5 Feb. 1828, Alexander Mauldin by Shf. to "R.R." and P.E. Duncan, rec. 2/15/1828.
G-75: 7 Oct. 1828, William Hallum to Perry E. Duncan, two mortgages, rec. 10/7/1828
G-122: 8 Oct. 1828, Hinton A. Hill to Perry E. Duncan, rec. 4/24/1829
G-123: 26 April 1829, John Hefner to Perry E. Duncan, 4/26/1829
H-12: 11 Jan. 1830, Nathaniel Wade by atty to Alexander Duncan, rec. 1/26/1830
H-13: 2 Jan. 1830, Rolling B Spears to Alexander Duncan, rec. 1/26/1830
L-2: 20 Oct. 1830, mortgage, William Hallum to Perry E. Duncan, rec. 10/25/1830
M-117: 18 Oct. 1832, Thomas J. Rusk to Perry E. Duncan, rec. 10/24/1832
M-306: 15 April 1833, mortgage, William Hallum to R.B. Duncan, rec. 4/23/1833
M-307: 15 April 1833, mortgage, L.B. Burnett to R.B. Duncan, rec. 4/23/1833
M-350: 11 Jan. 1831, Henry Haynes to Charles Duncan, rec. 7/25/1833
M-442: 26 Oct. 1833, Benjamin Chastain to R.B. Duncan, rec. 10/31/1833
N-298: 6 May 1835, Elijah Sisk to Robert B. Duncan, rec. 5/9/1835
O-65: 18 Oct. 1836, Andrew M. Norris by Shrff to Robert B. Duncan, rec. 10/22/1836
O-67: 18 Oct. 1836, Vincent Hamilton by Shf to Robert B. Duncan, rec. 10/22/1836
Q-62: 30 April 1841, Jesse R. Siler to Alexander Duncan, rec. 3/25/1842
Habersham Co. GA Deeds (MAD: did not copy Robert B. Duncan & Perry E. Duncan deeds and mortgages)
H-12: 11 Jan. 1830, Nathaniel Wade (by Edward Williams atty) of Scriven Co. GA to Alexander Duncan, (no locality), $100, lot #21 in 13th Dist. Habersham Co., 250 acres; wit. Thos. B. Cooper, Benjamin Kiker; rec. 1/26/1830. (FHL film 382,555)
H-13: 2 Jan. 1830, Rolling B. Spears of Habersham Co. GA to Alexander Duncan of Habersham Co. GA, $300, 250 acres lot #42 in 3rd Dist. drawn by Jesse Keaton of Oliver's Dist. Putnam Co. in the former land lottery and granted to him 1 Feb. 1822; wit. C. Quillian, Isaac Black JP; rec. 1/26/1830. (FHL film 382,555)
L-17: 11 Jan. 1830, Alexander Duncan of Habersham Co. GA to Amos Hill, (no locality), $160, lot #21 on waters of Sougue Creek in 13th Dist., 250 acres; wit. Edward Williams, Benjamin Kiker; rec. 11/3/1830. (FHL film 382,556)
M-102: Jasper Co. GA, 5 Dec. 1827, Thomas Duncan of afsd to James Bryan, (no locality), $100, lot #131 of 250 acres in 2nd Dist. of Habersham Co.; wit. E.W. Lane, Thos. Wilson JP; rec. 10/3/1832. (FHL film 382,556) (MAD: Thos. Duncan of Northcuts Dist., Jasper Co., drew lot #131 in Dist.2 of Habersham Co. in the 1820 Land Lottery)
M-305: 25 Oct. 1832, Alexander Duncan of Habersham Co. GA to Jesse R. Siler of Macon Co. NC, $1000, lot #42 in 3rd Dist. where said Alexander now lives, 250 acres; wit. Thomas Richardson, Solomon D. Leonard JP; rec. 4/23/1833. (FHL film 382,556)
M-350: Habersham Co. GA, 11 Jan. 1831, Henry Haynes of said Co. to Charles Duncan of same, $600, lot #105 in 11th Dist., 200 acres, drawn by Darling Stapp of Liberty Co. GA; wit. Alex. Duncan, Elijah Sutton, Edward Haynes JP; rec. 7/25/1833. (FHL film 382,556)
Q-62: 30 April 1841, Jesse R. Siler of Macon Co. NC to Alexander Duncan of Union Co. GA, $500, lot #42 in 3rd Dist. where said Alexander Duncan formerly lived, 250 acres; wit. B.H. Dicky, G.N. Penland, Wm. Hicks JP; rec. 3/25/1842. (FHL film 382,559)
Q-82: Habersham Co. GA, 4 March 1842, Charles Duncan of Union Co. GA to Joshua Sutton of Habersham Co. GA, $600, lot #105 in 11th Dist., 200 acres; wit. Jonathan W. Hill, John C. Harris JP; rec. 4/30/1842. (FHL film 382,559)
R-48: Habersham Co. GA, 8 May 1841, Alexander Duncan of Union Co. GA to James H. Brown and Daniel Brown, both of Habersham Co. GA, $300, lot #42 in 3rd Dist., 250 acres; wit. John L. Moffat, John L. Richardson JP; rec. 2/18/1845. (FHL film 382,559)
MAD: one Geo. Duncan of Wallers Dist., Jones Co., drew lot #20 in Dist.12 of Habersham Co. in the 1820 Land Lottery; grantor deed not indexed
Habersham Co. GA Inferior Court Minutes (FHL film 382,593)
1821-1841 - no index
1842-1848 - no Duncan
1848-1857 - no Duncan
1858-1868 - no index
Habersham Co. GA Index to Minutes of Inferior & Ordinary Court 1819-1964; and Minutes 1824-1848 Vol.4A (FHL film 382,601)
W.L. Duncan, Book 9, pgs. 201-5
W.L. Duncan, Book 9, pgs. 210, 218
Henry C. Duncan, Book 12, pgs. 500, 501, 502
Henry C. Duncan, incompetent, Book 12, pg. 520
Henry C. Duncan, Book 13, pg.34
MAD: neither dates nor books available
Book 1, 1885-1928 - not looked at (FHL film 382,602)
Habersham Co. GA Grand jury presentments 1836-1869; incl. index (FHL film 382,584)
Habersham Co. GA Tax List 1850 (FHL film 159,150)
Harris Co. GA Deed (FHL film 327,504)
B-667: Suit in Habersham Co. Court, James R. Milly vs. John Duncan and Benjamin Chastain; sheriff sale 4 June 1833 of part lot 109 in 21st Dist., 101-1/4 acres, to Hiram Read, highest bidder.
Meriwether Co. GA Deeds
B-149: 19 Nov. 1830, Robert Smith of Rabun Co. GA to Alexander Duncan of Habbersham Co. GA, $100, lot 167 in 2nd Dist. Wit. Chas. Duncan, Wm. M. Grantham. (FHL film 327,700)
C-366: 27 July 1832, Alexander Duncan of Habersham Co. GA to Henry Bullock of Meriwether Co., $90, 202-1/2 acres, lot 167 in 2nd Dist. Wit. D. Quillian, James Quillian. (FHL film 327,701)
"Reports of cases at law, argued and determined in the Court of Appeals of South Carolina, at Columbia, December, 1837; at Charleston, February, 1838; and at Columbia, May, 1838" by C.W. Dudley, State Reporter ("Dudley's Law Reports"), pgs.332 to 334 (California State Law Library, Sacramento, 1/2004)
P. E. DUNCAN v. JESSE MOON; Court of Appeals of South Carolina, Columbia; Dud. 332; May, 1838. (MAD: see Greenville Co. SC)
Tried before Mr. Justice GANTT.
This was a motion to set aside a non-suit. The facts of the case are so fully set forth in the opinion of the Appeal Court, as delivered by his Honor Judge O'Neall, that it is deemed unnecessary to add any other statement of them.
[Opinion] CURIA, per O'NEALL, J. This was an action of covenant upon the following instrument: "Georgia, Habersham county. Know all men by these presents, that I, Jesse Moon, have taken from T.W.A. Sumpter, sundry small promissory notes made by different individuals, as per memorandum exhibited, amounting in all to four hundred and twelve 49-100 dollars; the amount of said notes, when collected, is to be paid over to P.E. Duncan, and any loss which may be incurred in collecting the said notes, viz: whatever the nett receipts in money to the said Duncan may fall short of the four hundred and twelve 49-100 dollars, such loss is to be equally divided between the said Duncan and myself, or I am to be accountable to the said Duncan for one half of such nett loss."
A list of the notes, amounting to $412.49, under which was written an acknowledgment, signed by Sumpter, that he had transferred the same to Moon, and guaranteeing the ultimate payment, was given in evidence. It appeared from the testimony of Wood, that he was present when "the notes were given to Duncan," and that he understood they were given to secure a debt Sumpter owed Moon. A very small portion of the notes has been collected; the makers of the residue are insolvent, and so is Sumpter.
Upon this case the Judge below ordered a nonsuit, "particularly on the ground, that Duncan being no party to the covenant, could not maintain an action thereon."
It is necessary, first, to examine the ground on which the judge below rested his decision. Generally it may be laid down as a rule, that one for whose benefit a contact is made, may maintain an action upon it. As in the familiar case, where A pays money to B, for the use of C, -- there C may maintain an action against B, although he may have been at the time of the transaction ignorant of the whole matter. The contract before us, is an express undertaking to pay over the proceeds of notes received from Sumpter, to the plaintiff; and if there should be any loss from a failure to collect the notes, then that Moon would be accountable to the plaintiff for one half of "such nett loss." This, in both its parts, is not only a contract for the benefit of the plaintiff, but is an express covenant to him. How it can be said that he is no party to it, I am at a loss to conceive. For it is for his benefit; it is expressed in words covenanting to him; and it is found in his possession. These facts, to my mind, plainly show that he was a party to it, and Sumpter's name was only inserted in it to show from whom the notes were received, and thus to aid in identifying them.
But if authority be needed to sustain the plaintiff's action on this covenant, it will be found in the case of Allen vs. Brazier and Randolph, 2 Bail. 55. That action was on a covenant entered into by the defendants to Jos. McClintock, whereby they agreed to deliver to McClintock, agent for Allen (the plaintiff,) a certain slave, and failing to deliver the slave, to pay McClintock the sum of one hundred dollars. The action was brought to recover this sum by way of liquidated damages. The judge below nonsuited the plaintiff, on the ground that the defendants' contract was expressly to McClintock. The whole Court of Appeals concurred in setting aside the nonsuit, on the ground that the contract was manifestly intended to be for the benefit of the plaintiff.
On the argument of this case here, the nonsuit has been attempted to be sustained, on the ground that there was no sufficient proof to show to what notes the covenant alluded. The proof, I think, was enough for the jury and might have satisfied them. The covenant speaks of "sundry small notes" received from Sumpter, "as per memorandum exhibited, amounting in all to $412.49." The list under which is written Sumpter's acknowledgement and guaranty, corresponds with this description; for it shows that notes were received from Sumpter, that they were for small amounts, and the aggregate is the precise sum mentioned in the covenant. If the proof of identity had here stopped, I should not have felt myself warranted in taking the case from the jury. But a witness, Wood, said he was present when "the notes were given to Duncan, and that he understood they were given to secure a debt Sumpter owed to Moon." From the words "the notes" being used in a deposition in which the list of the notes had been proved, I take it that the witness meant to say he was present when the notes mentioned in that list were delivered to Duncan. Looking to the papers, and this testimony alone, we should conclude that he was present when Moon under his covenant delivered the notes to the plaintiff. But I presume from the facts, that Sumpter owed Moon a debt for a negro, that the notes were taken in payment for it, and that Moon and Duncan were to share the loss arising from a failure to collect -- that Moon had sold a negro which belonged jointly to himself and Duncan to Sumpter -- that Duncan himself received the notes in payment from Sumpter -- and that Moon entered into this covenant with him (Duncan) to share the loss, if there should be any, in attempting to collect the notes. This is a fair construction of the proof, and upon it surely the plaintiff is entitled to recover, if he has used due diligence to collect the notes.
The motion to set aside the non-suit, is granted.
B.F. PERRY, for the motion.
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