Duncan research files of
1818 Franklin Co. IL State Census (Males over 21; other free whites) # 13 Martin A. Duncan 1 - 3 45 John Dunkin 1 - 8 1820 Franklin Co. IL State Census (Males over 21; Other free whites) Pg.223 John Duncan 2 - 7 225 Martin Duncan 2 - 3 1820 Franklin Co. IL Federal Census Pg. 39 Martin Duncan 100110 - 10100 John Duncan 011301 - 31001 (MAD: John Duncan Jr., wife Lydia Spiller) 1830 Franklin Co. IL Census Pg. 92 Henry Duncan 2111,0001 - 2100,001 (MAD: ? 1810 Livingston Co. KY census; 1820-1825 Gallatin Co. IL) 93 James Duncan 0000,01 - 2001,1 (MAD: one James Duncan b.1794 Robertson Co. TN, mar. 1st Rebecca Herring 2/20/1822, mar. 2nd Huldah Jones 3/7/1833, 1850-1860 Davis Co. UT) Warrington S? Duncan 1000,01 - 0001,1 (MAD: ? 1840 St.Charles Co. MO census; 1850 Mahaska Co. IA census) John Duncan 0000,0000,1 - 0012,1001 98 Edmond Hodges 1100,1 - 2000,101 William P. Duncan 1000,1 - 1000,1 103 Thomas S?. Duncan 0000,1 - 0001 104 Dudley W. Duncan 1000,1 - 0001 106 Zachariah Duncan 0000,0000,1 - 0000,0001 (MAD: ?? 1810 Livingston Co. KY census; ? 1820 Robertson Co. TN census) 1840 Franklin Co. IL Census Pg.181 Mary Ann Duncan 1000,1 - 0011,1001 (MAD: ? Mary Ann Fulkerson, widow of Henry Duncan; ? Henry son of Martin Duncan & Elizabeth Wright of Robertson Co. TN; ? was Henry Duncan Jr. b.1817 IL the male 20-30?)
1850 Franklin Co. IL Census
Pg.24, #336, Henry J. DUNCAN 33 IL farmer $400
Sarah 33 TN
A.D. (m) 10, Amand (f) 4, L.A. (f) 1 IL
(MAD: H.I. Duncan mar. Sarah Milligan 8/8/1839; ? son of Henry Duncan & Mary Ann Fulkerson)
1860 Franklin Co. IL Census
Twp.6S Range 3E, P.O. Benton
Pg.351, #36, Walter S. AKINS 54 NC farmer $6500-$3000
Jane 39 OH housekeeper
Scott 21 IL consumpted $0-$100
Margaret J. 18 IL
Theodore 9, Elizabeth 7, Mary E. 2 IL
Hester A. DUNKIN 21 IL teacher of common school
Luvic J. (f) 16, John K. 13 IL
Samuel RIDLEN 68 IL farmer $1000-$200
(MAD: Mrs. Jane Duncan mar. Walter S. Akins 12/25/1856; widow of John Duncan mar. Miss Ridlen 9/3/1837 Hamilton Co. OH, 1840 Hamilton Co. OH census; John & Jane in 1850 Clermont Co. OH census)
Twp.7S Range 2E, P.O. Benton
Pg.407, #411, Henry J. DUNCAN 43 IL farmer $1600-$636
Sarah H. 42 TN
Americus B. 20, Amanda A. 14 IL
Christopher 4 IL
Mary A. DUNCAN 72 NC
Rice B. 10 IL
(MAD: ? R.B. Duncan 20 IL in 1870 Wilson Co. KS census, 1880 Jackson Co. IL census index; Americus Duncan mar. R(h)oda Ellen Willis 11/24/1861)
Pg.412, #450, Marion D. HOGE 32 VA farmer $8000-$1690
Sarah J. 28 IL
Margarett M. 10, Luvina J. 9 IL
Rice J. 8, Mary H. 6 IL
William B. 4, Logan D. 2/12 IL
Francis DUNCAN (m) 18 AR
James PARRISH 18 TN
Calvin JOHNSON 18 IL
Pg.412, #452, F.F. DUNCAN (m) 46 KY farmer $3120-$914
Elvira 39 IL
Sarah 10, Lucinda 7 IL
William Y. 5, Jeptha B.G. 4/12 IL
Harriett E. REED 14 IL
Mary E. 12 IL, Margarett 9 IN
(MAD: 1850 Williamson Co. IL census; Frederic T. Duncan mar. Mrs. Elvira Reed 2/28/1858)
Twp.7S Range 1E, P.O. Big Muddy
Pg.444, #641, David S. CRAWFORD 35 IL farmer $0-$396
Margaret J. 35 IL
Nancy A. 16, John W. 11, Priscilla 4 IL
Francis M/W. (m) 5/12 IL
Andrew M. CARNES 19 IL day laborer
William J. POPE 27 IL miller $4000-$300
Sidney B. DUNCAN (m) 20 IL engineer
(MAD: 1850 Williamson Co. IL census; Sidney B. Duncan mar. Nancy Ann Willis 1/10/1862)
1870 Franklin Co. IL Census
Twp.7S Range 2E, P.O. Big Muddy
Pg.184, #62-63, MURPHY, Jesse (m) 23 IN farmer $1000-$500
Margaret 20 IN keeping house
DUNCAN, George 10 IL
Twp.5S Range 3E, P.O. Ewing
Pg.201, #136-136, DUNCAN, Thaddeus 45 OH farmer $2000-$500
Elizabeth 31 OH keeping house
Mary A. 12 IL
Isaac N. 11 IL
Lucius (m) 9 IL
(MAD: 1850 Washington Co. IL census)
1880 Franklin Co. IL Census (partial; from Tammy Duncan 8/1988)
Pg.456A, #7-7, DUNCAN, John T. 58 NC NC NC farmer
Sarah C. 60 TN VA TN
Ella H?. (m) 12 IL -- TN adopted son
(TD & MAD: mar. Sarah C. Dyke 5/5/1841 Monroe Co. TN; 1850 Monroe Co. TN census; 1870 Hamilton Co. IL census)
1900 Franklin Co. IL Census (partial; from Betty Nelson 9/1995)
Sup.Dist. 14, E.D. 33, Sheet 10, Northern Township, taken 6/16/1900
Pg.171A, #160-161, DUNCAN, James, head, W.M., July 1828, age 71, mar. 8 years,
born OH, parents born PA & VA, farmer, can read/write,
own farm free of mortgage, #136 (MAD: heading blurred)
Malinda, wife, W.F., Feb. 1858, age 42, mar. 8 years,
1 child, none living, born IL, parents born OH & IL,
John, son, W.M., Feb. 1879, age 21, son, born IL,
par. b.OH & IL; farm laborer, attended school 4 months
George E., son, W.M., Apr. 1881, age 19, son, born IL,
par. b.OH & IL; farm laborer, attended school 4 months
(BN: This James was the son of James Duncan and Elizabeth Hat(c)her mar. 1/25/1813-1814 Knox Co. OH, in 1850 Washington Co. IL census, 1870 Jefferson Co. IL census)
Franklin Co. IL Will Record (FHL film 1,005,313)
Book A, 1835-1917 - no Duncan
Franklin Co. IL Index to Estate Papers (FHL film 1,005,314)
Vol. 2, 1848-1970 (many names in each box; D names in box 6 to 8; later groups of D names in other boxes; boxes not on film)
Duncan, F.F. - box 7
No Duncan box 24
Duncan, Alvira - box 46
Duncan, Hardy - box 163
Duncan, Rosella - box 322
Duncan, Lucille - box 340?
Later not copied
Franklin Co. IL Original Entry Book A (FHL film 1,412,156 pt. 5)
Range 2, Twp 7, Sec. 26: 1837, Jan. 30, Mary Ann Duncan, NW SE 40a
Range 2, Twp 7, Sec. 36: 1836, Nov. 14, Dudley W. Duncan, NW 1/4 40a
(Henry J. 1854-55 not copied)
Range 3, Twp 7, Sec. 19: 1830, Oct. 11, Warrenton S. Duncan, E 1/2 SE
Franklin Co. IL Deeds (FHL film 1,412,155 index 1835-1867; from index only unless otherwise noted)
B-149: 21 March 1838, William H. Duncan of Franklin Co. IL acknowledge 80 acres, part of Sec. 16, Twp 9, Range 2E, in mortgage to Sion H. Mitchell, school comr., for $165.60. (MAD: similar deeds from many others.) (FHL film 1,412,156)
B-216: 21 Sept. 1839, Mary Ann Duncan of Franklin Co. IL to Henry J. Duncan, $50, Entry #775, NW 1/4 SE 1/4 Sec. 26, Twp 7 South, Range 2 East, 40 acres, entered 30 Jan. 1837. (FHL film 1,412,156)
B-526: 26 Dec. 1845, Dudley W. Duncan and wife Elizabeth of Williamson Co. IL to Henry J. Duncan of Franklin Co. IL, $70, NW 1/4 SW 1/4 Sec. 36, Twp 7S, Range 2E. No wit. Appeared in Franklin Co. IL. (FHL film 1,412,157)
C-48: 8 Oct. 1829, Warrenton S. Duncan and wife Catharine (X) to Solomon Clark all Franklin Co. IL, $110, part SW 1/4 Sec. 29, T7S, R3E, 11 acres. (FHL film 1,412,157; typed deed book)
C-497: 23 Oct. 1849, Lucinda G. Akin to Henry J. Duncan, all Franklin Co. IL, $40, SW 1/4 SW 1/4 Sec. 36, Twp 7, R2E, 40a. (FHL film 1,412,157; typed)
E-262: Duncan, F.F. from D.F. Hammon, 33-6-1, NE NW
E-300: Duncan, F.F. to Wm. C. Kirkpatrick, 33-6-1
E-501: Duncan, F.F. from Matilda Mulkey, 28-6-1, SW SW part
F-338: Duncan, F.F. to William T. Mulkey, 28 & 33 -6-1
F-373: Duncan, F.F. to W. Percell, Mulkey Town
G-132: Duncan, H.J. from Co. Clerk, 36-7-2, SW SW
G-138: Duncan, C.F. to Alex McCrury, 27-7-4
I-482: Duncan, Thadeas from W.W. Wills, 9-5-1, NW NW
L-359: Duncan, H.J. to A.J. Duncan, 36-7-2, SW SW & SE SW
(Book M is 1856; quit)
N-15: Duncan, A.J. to Lewis Powell, 3/27/1863
Franklin Co. IL Deeds (SLC 9/14/2013)
E-262/263: 11 March 1853, D.F. Hamons and Sarah his wife of Perry Co. IL to F.F. Duncan of Franklin Co. IL, for $250 paid, sell parcel of land in Franklin Co. IL, NE 1/4 NW 1/4 Sec.33 Twp.6S Range 1E except that lies on NE side of St.Louis Road as it now runs, also except a lot of 2-3/4 acres beg. at a stake on the line between old Malkey's house and Hammons shops, running with a "roe" of peach trees in SW direction 20 poles more or less, to an oak sapling so as to make 2-3/4 acres ... to make said Duncan 36 acres, with appurtenances, warrant title. /s/ D.F. Hamons, Sarah Hamons. Ack. 30 May 1855 before Woodson May, J.P., Franklin Co. IL. Recorded 6 Dec. 1853. (FHL film 1,412,157)
E-300: 2 Nov. 1853, Frederick F. Duncan and Susan his wife of Franklin Co. IL to William C. Kirkpatrick of afsd, for $100 paid, sell tract of land, SE 1/4 NW 1/4 Sec.33 Twp.6 Range 1E containing 40 acres, with appurtenances, warrant title. /s/ Frederick F. Duncan, Susan (X) Duncan. Ack. 2 May 1853 before Woodson May, J.P., Franklin Co. IL. Recorded 19 Jan. 1854. (FHL film 1,412,158)
E-501/502: 24 Feb. 1854, Matilda Mulkey of Franklin Co. IL to F.F. Duncan of afsd, for $126.50 paid, sell parcel of land in Franklin Co. IL, SW 1/4 SW 1/4 Sec.28 Twp.6S Range 1E containing 40 acres, also a lot commencing at S corner of above tract, running due north 16 poles, then due east 10 poles, then SE direction by way of Mistress Mulkey's well sinterly? until it strikes said Duncan's east & west line dividing Sec.33 & 28, then due west to the commencing, containing 3 acres and 26? poles, with appurtenances, warrant title. Ack. 24 Feb. 1854 before Woodson May, J.P. Franklin Co. IL. Recorded 20 June 1854. (FHL film 1,412,158)
F-337/339: 21 March 1855, F.F. Duncan and Susan his wife of Franklin Co. IL to Wm. P?. Mulky of same place, for $700 paid, sell SW 1/4 SW 1/4 Sec. 28 Twp.6S Range 1E containing 40 acres and also NW 1/4 NW 1/4 Sec.6? Twp.6S Range 1E containing 40 acres and also a part of the NE 1/4 NW 1/4 Sec.33 T6S R1E containing 26 acres and also a part of SE 1/4 SW 1/4 Sec.28 T6S R1E at the SW corner of said quarter and running north 16 poles, ... through Matilda Mulkey's well ... it being the line dividing Sec.33 and 28, then W with said line to the beginning, containing 3 acres and 24 poles, and also a lot, being part of NE 1/4 NW 1/4 Sec.33? T6S R1E, being situate where F.F. Duncan's shop now stands, fronting 45 feet on the St. Louis Road and 80 feet back from said road, with appurtenances, warrant title. /s/ F.F. Duncan, Susan Duncan. Ack. 22 March 1855 before Woodson May, J.P. Franklin Co. IL. Recorded 6 May 1855. (FHL film 1,412,158)
F-373/374: 5 Jan. 1855, F.F. Duncan and Susan his wife of Franklin Co. IL to William Pursell of afsd, for $150 paid, sell parcel of land, commencing at Mrs. Matilda Mulkey's corner between the shop of Duncan formerly D.F. Hammond and Mrs. Mulkey's dwelling, then down the south line of the St. Louis Road 14 polls more or less, then SW ... line dividing Mrs. Matilda and Wm. T. Mulkey's lots from this lot of land ... to the beginning so as to make 10 acres excepting a lot where Duncan shop stands 45 ft in front and running back 80 ft, together with appurtenances, warrant title. /s/ F.F. Duncan, Susan Duncan. Ack. 16 Feb. 1855 before Woodson May, J.P. Franklin Co. IL. Recorded 13? (15?) July 1855. (FHL film 1,412,158)
G-132: Clerk of County Court of Franklin Co. IL, that it appears by certificate of purchase presented to undersigned clerk signed by Levi Browning, Drainage Commissioner of said county, that per act of IL to dispose of swamp and overflowed lands ... approved June 22, 1852 and act to amend said act approved March 4, 1854, the commissioner did on 19 June 1856 sell to Henry J. Duncan of Franklin Co. IL 1 certain tract of land in county afsd, being part of swamp and overflowed lands granted by US to state of IL ... surveyor ... SW 1/4 NW 1/4 Sec.36 Twp.7S Range 2E containing 40 acres by survey, and said Henry J. Duncan has paid $20, ... I, Thomas J. Mooneyham, Clerk of said County Court of Franklin Co., sell to said Henry Duncan the afsd lot or parcel of land with appurtenances. /s/ 19 June 1858, Thos. J. Mooneyham, Clerk, County Court. Recorded 26 July 1856. (FHL film 1,412,158)
G-138/139: 31 March 1856, Charles Duncan and Nancy Duncan his wife of Franklin Co. IL for $152 paid by Alexander McCrurey, sell parcel of land in Franklin Co. IL, NE 1/4 NE 1/4 Sec.27 Twp.7 Range 4E containing 40 acres, warrant title. /s/ Charles F. Duncan, Nancy (X) Duncan. Ack. 31 March 1856 before Ashby McCrurey, J.P. Franklin Co. IL. (no recording date given) (FHL film 1,412,158)
I-482/483: Wilson W. Mells of Perry Co. IL, attorney for Cyrus Bardmoss of Gentry Co. MO, for $120 paid by Thomas Duncan of Perry Co. IL, sell to said Thadeus Duncan real estate in Franklin Co. IL, NW 1/4 NW 1/4 Sec.9 Twp.5S Range 1E, with appurtenances, warrant title. /s/ Wilson W. Mell, attorney for Cyrus Bardmoss. Ack. Nov. 24, 1859, before W.H. Fountain, J.P., Franklin Co. IL. Recorded Dec. 2, 1859. (FHL film 1,412,159; names as given)
L-359: 25 Jan. 1859, Henry J. Duncan and Sarah Harriet Duncan his wife of Franklin Co. IL to A.J. Duncan of Williamson Co. IL, for $400 paid, sell to said A.J. Duncan a parcel of land in Franklin Co. IL, SW 1/4 SW 1/4 Sec.36 Twp.7 Range 2E containing 40 acres, also SE 1/4 SW 1/4 in Sec.36 Twp.7 Range 2E containing 40 acres, warrant title. /s/ Henry J. Duncan, Sarah H. Duncan. Wit. Davis S. White. Ack. 25 Jan. 1859 before Wm. Atterson? (Otterson?), J.P., Franklin Co. IL. Recorded 8 Sept. 1860. (FHL film 1,412,160)
N-15/16: 27 March 1863, A.J. Duncan and Nancy A. Duncan his wife of Williamson Co. IL to Lewis Powell of Williamson Co. IL, for $550 paid, sell parcel of land in Franklin Co. IL, SW fourth SW 1/4 Sec.36 Twp.7 Range 2E containing 40 acres, also SE fourth SW 1/4 Sec.36 Twp.7 Range 2E containing 40 acres, warrant title. /s/ A.J. Duncan, Nancy A. Duncan. Ack. 27 March 1863 before William W. Young, J.P., Williamson Co. IL. Cert. 6 June 1863 by John M. Cunningham, Clerk of Williamson Co. Court for William W. Young. Recorded 5 June 1863. (FHL film 1,512,161)
"Reports of cases argued and determined in the Supreme Court of the State of Illinois" ("Illinois Reports" 1832-39 [Vol.] 2 Scammon) by J. Young Scammon, Vol.2, pgs.131 to 135 (California State Law Library, Sacramento, 12/2003)
NATHANIEL HARMISON, plaintiff in error, v. REUBEN CLARK, JACOB CLARK, Senr., and LUCY CLARK, his wife, and JACOB CLARK, Jr., defendants in error; Supreme Court of Illinois, at Vandalia; 2 Ill. 131; 1 Scam. 131; December, 1834, Decided.
Error to Franklin. THIS is an action of trespass instituted by Harmison against the above named defendants, together with Hiram Clark and Abraham Clark. Upon the two last no service of process was had, nor was there any appearance entered by them. The declaration contained, as at first filed, two counts, the first of which charged that on the 11th of March, 1832, with force and arms, at the county of Franklin, the defendants broke and entered the close of the plaintiff, and set fire to, and burned and destroyed one mill-house, one barn, two corncribs, one stable, 1,000 bushels of corn, one wagon, etc., of the value of $1,000, and other wrongs, etc.
The second count charged that on the same day and year, and at the same county, the defendants, with force and arms, set fire to, burned down, and destroyed other, the property of the plaintiff, of the value of $1,000, and other wrongs, etc.
At the term to which the writ was returnable -- it having been returned as executed upon the defendants Reuben, Jacob, Jr., Jacob, Sr., and Lucy, his wife, the defendants in this writ of error -- the Court granted a rule requiring the defendants to plead by 9 o'clock of the next day. This rule was granted and entered of record the 3d of October, 1832. Accordingly, on the next day, the 4th of October, the defendants, Reuben, Jacob, Jr., and Jacob, Sr., filed their plea of not guilty, upon which plea issue was joined the same day.
At the April term, 1833, of the Circuit Court, to which term the cause had been continued on motion of the plaintiff, a judgment by default was taken against Lucy Clark and Jacob Clark, Sr., her husband, for their default in not pleading or otherwise answering on behalf of Lucy, to the plaintiff's action, and a jury was called and sworn to try the issue joined, and to inquire of damages against Jacob Clark, Sr., and Lucy, his wife. The jury returned a verdict of not guilty as to the issue, and assessed the damages against Jacob Clark, Sr., and Lucy his wife, to $360.
On the trial before the jury, it appeared that the burning of the property charged, took place in Hamilton county, and the Court, on motion of the defendants, excluded the evidence from the jury, as to all of the defendants who were on trial. To this decision the plaintiff excepted.
On the next day, the 4th of April, and before judgment was entered on the assessment of damages, against the defendants in default, Jacob Clark, Sr., one of those defendants, made and filed his affidavit, setting forth in substance that he had understood from the sheriff, when at his house to serve process on himself, that his wife, Lucy, was not included in the suit; that he, the affiant, did not then, or at any time, know that his wife was a party to the suit; that no rule or notice was ever served on him of any description, by which he supposed his wife was a party to the suit, nor did he believe his wife was ever summoned by the sheriff, or knew in any manner that she was a party to the suit, or required to plead or attend to the trial. The affidavit further stated that the affiant was informed by counsel since the trial of the suit, and believed, that his wife had a good and meritorious defense, and that she would be able to show on a trial of the merits of the case, that she was in no wise guilty of the trespasses complained of. That he was expressly informed and believed, that his information came from the plaintiff, that the suit had been compromised on the part of the other defendants, and that consequently he was released from all liability in the action. That at the last term of the Franklin Circuit Court, the plaintiff sued the affiant and others, not including the wife of the affiant, and he, the affiant, expressly understood that it was upon this last suit that he was bound to answer, and that Harmison had abandoned the first.
Upon this affidavit of Jacob Clark, Sr., he, and his wife Lucy, moved the Court to set aside the judgment of default rendered, and the proceedings had.
The plaintiff resisted the motion, and on its hearing offered to read to the Court the affidavits of Warrenton L. Duncan and Wm. Dye, the first of which asserted the service of summons on Lucy Clark, as returned by the affiant, and that the return was literally and in every respect true. That he never gave Lucy Clark, nor her husband, to understand that the former was not sued, or that the suit was compromised. That, furthermore, both of these defendants had acknowledged to the affiant that they were summoned and that they knew it. The affidavit of Foster and Dye sets forth that they, the affiants, were present on Friday morning, the 5th of April, (the day after the motion and affidavit were made and filed,) and heard Jacob Clark, Sr., and his wife, admit that the summons in this case had been served on the latter by the sheriff of Franklin county, previous to the October term, 1832, but that knowing that he had not served a certain capias, issued during that term, at the suit of Harmison,against the santo parties, they, Clark and his wife, meant that he had not served that capias.
These affidavits the Court refused to hear, and upon the affidavit of Jacob Clark, Sr., set aside the default and verdict, and granted a new trial as to all of the defendants, as well those who had pleaded as those against whom the default had been taken.
To both of these decisions the plaintiff's counsel excepted.
The cause was then continued Until the next succeeding term of the Circuit Court, at which term, by leave of the Court previously given, a new count, by way of amendment to the declaration, was filed, charging a trespass upon personal property only. Pleas were put in by all of the defendants in Court, including Lucy Clark, and Jacob Clark, Sr., and a verdict was rendered for the defendants. Upon which verdict the Court gave judgment for costs against Harmison.
To reverse this, judgment, and to render final, the judgment before taken against Jacob Clark, Sr., and his wife, this writ of error was prosecuted. The cause was tried at October term, 1833, before the Hon. Thomas C. Browne and a jury.
COUNSEL: A. F. GRANT, for the plaintiff in error, contended that the reason given in the books why an action of trespass quare clausum fregit is considered a local action in England, does not exist in this country. The only substantial distinction between local and transitory actions being, as laid down by Lord Mansfield, that, "Where the proceeding is in rem, and where the effect, of the judgment can not be had, if the venue be laid in a wrong place, the action is local;" while here the process of our Courts, final process, as well as all other, runs throughout the State, may issue from one county, and be directed to and executed by the sheriff of another. If the law ceases with the reason upon which it is founded, then the common law governing the laying of the venue, in cases of this kind, can not be the law in this State.
The principal matters stated in the affidavit of Clark, are stated by him on the information of others, and not of his own knowledge. They are matters, however, for the most part, within the personal knowledge of his wife, if they existed; and she not having sworn to them, although with her husband party to the application, and some of the facts stated being in direct contradiction to the return of the sheriff, the reading of the counter affidavits offered by the plaintiff, tended to the eliciting of truth, and was for that reason proper, on a motion addressed to the discretion of the Court.
Counter affidavits, upon applications to hold to bail, etc., where a discretion is to be exercised, are admitted in the Court of Common Pleas in England, and in the American Courts.
The default was taken against Clark and his wife for the want of an appearance and plea on behalf of the latter. The application to set aside the default was made by both of them, and should have been predicated upon the joint or separate affidavits of both; and many of the facts stated in the affidavit that was made, being facts that in their nature were within the wife's knowledge, and she being a party in the application, her affidavit, as to these facts particularly, was necessary. "An affidavit, by a third person, of facts in the knowledge of a party, on which the application is founded, can not be read, as it ought to be, by the party himself."
The award of a new trial as to all, upon the application of some, without the assent of the others, is error. Such in this case was the order, and to that effect was the application of the defendants.
W. B. SCATES, for the defendants in error, cited ... "Where three are sued, and two suffer judgment of default, and the third pleads to issue, and it is found for him, the two may bring a writ of error."
WILSON, Chief Justice, delivered the opinion of the Court: In this cause two trials were had in the Court below. Upon the first trial, judgment was rendered in favor of two of the defendants, and judgment by default was taken against Jacob Clark, Sr., and Lucy his wife, two other defendants. At the same term, the Court, upon the application of Jacob Clark, Sr., set aside the default against him and his wife, and granted a new trial as to all of the defendants.
During the progress of the first trial, several exceptions were taken by the plaintiff to the opinion of the Court, but these exceptions are not now available. To have enabled him to avail himself of them, he should have renewed them on the last trial (if the same ground of exception again occurred), as that was a trial de novo, and the judgment rendered on that trial is the only final judgment in the cause.
Upon the second trial, a verdict and judgment were rendered in favor of all the defendants.
From this statement of the case, the only assignment of error that can be noticed by the Court, is that which questions the correctness of the order of the Court below, setting aside the default of two of the defendants, and granting a new trial, as to all of them. It has been repeatedly decided that an application to set aside a judgment by default, or to grant a new trial, is addressed to the discretion of the Court, and that the decision of the Court upon such application can not, therefore, be assigned for error. It is however contended that this case is not within this general rule, because a new trial was ordered as to two of the defendants who were acquitted, and who did not join in the application made by the others for that purpose. This position might well be assumed by those defendants who were acquitted on the first trial, had they afterward been convicted; because the effect of the order was to impose upon them the costs of another trial, and to subject them to another chance of conviction. But the same reason that would, under this state of the case, authorize them to assign this decision of the Court for error, precludes the plaintiff from doing so. The decision was to his advantage, by multiplying his chances of success. He therefore has no reason to complain, and can not assign that for error which was for his benefit. The judgment must be affirmed with costs.
Williamson Co. IL Deeds
A-4/5: 15 Sept. 1825, John Norris of Franklin Co. IL to Henry Duncan of same, for $250 paid, sell the E 1/2 NW 1/4 Sec.21 Twp.9S Range 2E in Franklin Co. IL, with appurtenances, warrant title. /s/ John Norris, Isabel (X) Norris. Wit. William Norris, Stephen Winchell. 15 Sept. 1825, John Norris and Isabel Norris his wife appeared before Stephen Winchell J.P. Recorded 14 April (year not given). (FHL film 965,436; Placerville FHC on loan 6/22/2011)
A-6/7: 21 Sept. 1826, Henry Duncan of Franklin Co. IL to Isaac Lewis of same, for $300 paid, sell E 1/2 NW 1/4 Sec.21 Twp.9S Range 2E in Franklin Co. IL, with appurtenances, warrant title. /s/ Henry Duncan, Mary Ann (X) Duncan. Wit. William Norris, Joel Norris. (no date) Henry Duncan and Mary Ann Duncan his wife appeared before Sterling Hill, J.P. Recorded 15 March 1827. (FHL film 965,436; Placerville FHC on loan 6/22/2011)
A-11/12: 17 May 1827, James Duncan of Franklin Co. IL to Nathan Arnett Senr. of same, for $300 paid, sell tract in state & county afsd, the E 1/2 NE 1/4 Sec.9S Range 2E, containing 80 acres, with appurtenances, James Duncan and Rebecca Duncan his wife warrant title. /s/ James Duncan, Rebecca (X) Duncan. Wit. Isaac Lewis, Jesse G. Bawls. 7 May 1827, James Duncan and Rebecca Duncan his wife appeared before Sterling Hill, J.P. Recorded 8 June 1827. (FHL film 965,436; Placerville FHC on loan 6/22/2011)
A-101/102: 21 March 1838, William H. Duncan of Franklin Co. IL acknowledge 80 acres of land, being part of Sec.16 Twp.9 Range 2E, to be in mortgage to Sion H. Mitchell, School Commissioner, and agent? for the inhabitants of Franklin Co., or his successor in office, for payment of $165.60, 1/3 to be paid on or before 21 March 1839, 1/3 on or before 21 March 1840, and the other third on or before 21 March 1841, and I will pay all taxes which may be levied upon the land, and if I do not pay the amount promptly, the land may be sold. /s/ William H. Duncan. 26 June 1838, William H. Duncan appeared before Wm. Norris, J.P. Recorded 14 Jan. 1839. (FHL film 965,436; Placerville FHC on loan 6/22/2011)
A-138/139: 20 Dec. 1838, Allen Bainbridge of Franklin Co. IL to F.F. Duncan of same, for $25 paid, sell a parcel of land, a town lot in town of Bainbridge, Franklin Co. IL, being in Block No.6 and Lot No.5 in said block, bounded beg. at a corner on Broadway, the SW corner, then ... to Jackson Street, then ... to beginning, together with appurtenances, warrant title. /s/ Allen Bainbridge. Wit. John Bainbridge. Delivered in office 12 Nov. 1839. (no recording date or acknowledgement shown) (FHL film 965,436; Placerville FHC on loan 6/22/2011)
A-141/142: 15 March 1839, William H. Duncan and Elisabeth his wife of Franklin Co. IL to George M.C. Duncan of same, for $1500 paid, sell land in Franklin Co. IL, being NE 1/2 W 1/2 SE 1/4 Sec.9 Twp.9S Range 2E, also 80 acres of land in Sec.16 Twp.9 Range 2E known on map of lots No.2 and seven, also two 40 acre tracts the one in SE 1/4 SW 1/4 Sec.9 Twp.9S Range 2E, the second one known as SE 1/4 NW 1/4 Sec.9 Twp.9S Range 2E, also 40 acres in St.Clair Co. IL as follows NE 1/2 SE 1/4 Sec.35 Twp.1S Range 6W, together with appurtenances, warrant title. /s/ William H. Duncan, Elizabeth Duncan. Wit. F.F. Duncan. They appeared before Cyrus Campbell, J.P., 4 April 1839. Recorded Nov.22 (no year). (FHL film 965,436; Placerville FHC on loan 6/22/2011)
S-268/269: 11 Feb. 1865, Phillip Kimmel and Mary Kimmel his wife of Jackson Co. IL to Samuel Duncan of Franklin Co. IL, for $2800 paid, sell tracts of land in Williamson Co. IL, NE 1/4 SW 1/4, S 1/2 SW 1/4, NW 1/4 SE 1/4, and W 1/2 SW 1/4 of SE 1/4 of Sec.21 and W 1/2 of NW 1/4 of Sec.28 excepting and reserving 1/2 of an acre at the W. side of the SE fourth of the SW quarter of Sec.21 and 1/2 acre in SE corner of NW fourth of NW 1/4 of Sec.28, the half acre in Sec.21 previously sold and conveyed to the Trustees of the Methodist Episcopal Church at Herrings Frairio? and the half acre in Sec.28 previously sold and conveyed for school purposes, all in Twp.8S Range 2, containing 259 acres more or lesss, herein conveyed waiving and hereby conveying all right of homesteads ... /s/ Phillip Kimmel Sen., Mary (X) Kimmel. Williamson Co. IL, they appeared before Joseph B. Davis, J.P., 11 Feb. 1865. Statement Jackson Co. IL by Hugh Crawford, Clerk of the County Court of said County, certifying that Joseph B. Davis was an acting J.P. for said county, 12 April 1865. Filed 26 July 1865. (FHL film 965,442; SLC 5/30/2011)
JOHN DUNCAN, Rev. Pension Application R-3126 (FHL film 970,864; claim denied because service was against Indians instead of in Rev. War)
Applied 5 March 1833, age ca 70, in Franklin Co. IL; b. Culpeper Co. VA ca 1763; once a record of age but father was killed by Indians in 1772-3 and sister took bible which has been destroyed; father to Washington Co. VA 1771/2, killed about 12 months later, whole neighborhood forted at his father's residence Duncan fort; mother remarried and moved to KY 1780 just before Battle of Blue Lick; guarded forts 2 months; moved to TN 2 years later for short time, then back to KY; substitute for Wm. Mannyfield under Gen. Clark against Indians; served 2 months as guard on Red River in TN; served under Capt. John Rains and Thomas Johnson against Indians; drafted 2 months as spy near Palmyra on Cumberland River, served 40 days and hired his brother to serve 20 days as substitute; more service in Indian wars; witnesses Rev. Dempsey Odum and Thomas M. Dorris JP of Franklin Co.
Declaration of Lydia Duncan, age 70, in Williamson Co. IL on 7 Sept. 1841; family record burned in their home years ago; Lydia m. John Duncan on 10 March 1786 in Robertson Co. TN by Rev. John Grammer by bans and without license; John d. 31 Dec. 1834 in Franklin Co. IL now Williamson Co.; affidavit by William Spiller Sr., age 72, of Williamson Co. IL who was present at the wedding; Lydia resided in Franklin now Williamson Co. over 20 years. F.F. (Frederick) Duncan a County Commissioner of Williamson Co., acquainted with Lydia Duncan, 7 Sept. 1841; statement by Thomas J. Duncan 20 July 1854 in Williamson Co. IL to prosecute claim of Lydia in which he is directly interested.
MAD: Rev. War pensioner John Duncan said to have settled in the southwest part of Clinton Co. IL, died in 1842 on the farm where he settled; from "Revolutionary Soldiers Buried in IL" by Mrs. Harriet J. Walker, 1917 (CA State Library book 923.5 W17) and "Soldiers of the American Revolution Buried in IL" by IL State Gen. Soc. 1976; and "IL Pensioners, List of the Revolution, 1812 & Indian Wars" by Homer A. Walker.
Click here for more from the pension application file.
Old Wars, Widow, General Affidavit of Jane Duncan, widow of Abraham Duncan (from notebooks of Kay D. Hampton loaned through Lu Durham 5/1988, now at Platte Co. MO Historical Society)
State of MO, County of Howell; in the Matter of Jane Duncan, widow of Abraham Duncan, Capt. Holmans Co. Illinois. On this 30 day of April A.D. 1895, personally appeared before a Notary Public in and for the aforesaid County, duly authorized to administer oaths, Jane Duncan, claimant aged 78 years, a resident of West Plains, County of Howell, State of MO, whose post office address is West Plains, Howell Co. MO, well-known and entitled to credit, and who, being duly sworn, declared in relation to aforesaid case as follows: I am the Claimant in the above claim and I am the widow of Abraham Duncan, a Private of Capt. Holemans Co. of the said War. I was married to my late husband some time in 1833. I cannot remember the Exact date and we lived together as man and wife until his death which occurred in March, 1876. I was not married prior to my marriage to my late husband. My late husband was previously married to Lucinda Murphy. My maiden name was Jane (McDonald) McDaniel. I was married in St.Clair Co. IL near Belville in 1832, by John Ward, J.P. My husband's first wife died in St. Clair Co. IL about the year 1831. There is no record of her death and no person living that remembers her death. My late husbands description as near as I can remember was at the time of our marriage was about 35 years, 5 ft. 9 inches, eyes gray, hair light, complexion light and at the time of our marriage a farmer by occupation. This affidavit was written by S.D. Powler (Powles) a Notary Public at my office in Howell Co. MO on the 30th day of April, 1895, in my present (person) and from my own oral statements and I was not aided or prompted by any one but from my own personal knowledge. /s/ Jane Duncan, Claimant. Wit. Mard? M. Bacon, Mrs. J.C. Powles.
(MAD: Nancy Reba Roy shows Abraham possibly a son of John & Lydia Spillard of Franklin Co. IL)
Pension Index Card File, alphabetical; of the Veterans Administrative Contact and Administration Services, Admin. Operations Services, 1861-1934; Duff to A-J Duncan (negative FHL film 540,888, some cards very faint); Joseph Duncan to Dunn (positive FHL film 540,889, some cards very dark)
Cataloged under Civil War, 1861-1865, pensions, indexes; does not say if Confederate or Federal, but probably Federal. Negative film, some cards much too faint or dark to read, some cards blurred or faded, particularly the service unit and the dates of application. Most of the very faint or dark cards were in a slightly different format, with space for years enlisted and discharged which were sometimes filled in. Many of these were for service in later years, although one or two were for service ca 1866.
Name of soldier, alias, name of dependent widow or minor, service (military unit or units), date of filing, class (invalid or widow or minor or other), Application #, Certificate #, state from which filed (sometimes blank), attorney (sometimes blank, MAD: did not usually copy), remarks. Sometimes the "Invalid" or "Widow" class had an "s" added to it before the application #; occasionally the area for the service information included a circled "S". The minor's name was frequently that of the guardian rather than the minor.
The military unit was frequently the Company Letter, the Regiment Number, sometimes US Vet Vol Inf. (US Veteran Volunteer Infantry), L.A. (Light Artillery), H.A. (Heavy Artillery), US C Inf (US Colored? Infantry), Cav. (Cavalry), Mil. Guards, V.R.C. (?Volunteer Reserve Corps?), etc. Sometimes there were several service units given.
Cards appear to be arranged by the last name, first name, middle initial if any, and state (including "US") of service.
Duncan, Americus B., widow Duncan, Rhoda E., minor Duncan, Henry J.; A 110 IL Inf; 1863 Widow Appl. #18236, Cert. #15264; 1865 Aug. 10, Minor Appl. #105148, Cert. #68733. (MAD: 1860 Franklin Co. IL census)
Duncan, Charles T., minor Duncan, Nancy, Gdn.; I 13 Ill Cav.; 1865 Feb. 27, Minor Appl. #84471, Cert. #59893. (MAD: one Charles T. Duncan mar. Nancy Ann Bradberry 5/25/1852 Franklin Co. IL; of Perry Co. IL per IL Civil War database)
Duncan, Frederick F., widow Duncan, Elvira, minor Kearns, Francis, Gdn.; C 18 Ill Inf.; 1862 Dec. 6, Widow Appl. #7580, Cert. #4760; 1867 Dec. 12, Minor Appl. #155493, Cert. #108054. (MAD: 1850 Williamson Co. IL census; 1860 Franklin Co. IL census)
Duncan, John B., widow Duncan, Adeline G.; Capt. H 32 Ill. Inf.; 1864 Aug. 8, Widow Appl. #60231, Cert. #97755. (MAD: 1850 Morgan Co. IL census; Franklin Co. IL per IL Civil War database)
Duncan, Sidney B., widow Duncan, Nancy A., minor Dale, Nancy A., Gdn.; B 1 US V. Engrs., I & C 110 Ill. Inf.; 1884 June 28, Widow Appl. #317093, Cert. #246831, Ill.; 1889 Jan. 18, Minor Appl. #387240, Cert. #263403, Ill. (MAD: 1850 Williamson Co. IL census, 1860 Franklin Co. IL census; Franklin Co. IL per IL Civil War database)
"Franklin County, Illinois, war history, 1832-1919 : containing a brief review of the World War, complete history of Franklin County's activities, photographs and service records of Franklin County's soldiers, sailors and marines, industrial and biographical review of business and professional firms who have made this history possible" by S.S. Baird; pub. Benton: H.W. Trovillion for the Franklin County War History Society, c1920, 404 pgs. (LH13141, HeritageQuest images 4/2007)
Name & rank, residence, date of rank or enlistment, date of muster, remarks:
Pg.75: Company C, 18th Infantry: Musicians: Duncan, Fred F., Franklin Co., Oct. 21, '61; May 28, '62.
Pg.89: Company A, 110th Infantry: Corporals: Duncan, Americus B., Franklin Co., Aug. 12, '62; Sept. 11, '62; Disch. or died Nov. 20, 1862.
Pg.92: Company I, 110th Infantry: Corporals: Duncan, Sydney, Franklin Co., Aug. 12, '62; Sept. 11, '62; Tr. Pioneer Corps Aug. 6, 1864.
Pg.117: Major L. Copeland Cavalry Squadron, Troop A. Organized at Benton, July 18, 1898, for Service in Spanish-American War. Armistice was signed before troop was called for duty. Privates: Duncan, Wells, Parish (residence)
"List of private claims presented to the House of Representatives of the US from the 1st to the 31st Congress, inclusive" (pgs.552-553 from Joe Hammond 8/1984)
Name of Claimants; nature or object of the claim; congress; session; how brought before the House of Rep.; Page of journal; to what committee of the House referred; No. or date of the report; nature of the report; No. of the bill; how disposed of by the House of Reps.; how disposed of by the Senate; Date of the act of Congress and remarks.
Duncan, Dudley and Frederick F.; Authority to correct error in entry of land; 26th; 2nd; Petition; pg.81; Public Lands Committee (other columns blank) (MAD: see Franklin and Williamson Cos. IL)
"Territorial Papers, Illinois Territory, 1809-1814" Vol. XVI (CA State University Sacramento Library)
Pg.300-2: List of officers and soldiers tendering their services as a company of rangers or mounted riflemen, Feb. 28, 1813. They offer to continue in service twelve months unless sooner discharged. Signed by Capt. Jacob Short and others with ranks of Lt., Ensign, and Sargent, and others with no ranks shown, including John Dunkom jun and John Dunkom senr.
"History of Gallatin, Saline, Hamilton, Franklin, and Williamson Counties, Illinois : from the earliest time to the present, together with sundry and interesting biographical sketches, notes, reminiscences, etc., etc." by Ninian Edwards, U S Grant, Nathaniel Pope, John McLean, et al; pub. Evansville, Ind.: Unigraphic, 1967, 953 pgs.; orig. pub. 1887 by Goodspeed (LH12103, HeritageQuest images 4/2007; CA State Library, Sutro Branch, book F547 G3Hs; FHL book 977.39 H2, 9/1983; FHL film 934,984 item 3)
No Philip Duff (see Bond, Jackson Co. IL) (FHL film 934,984 item 3)
Pg.341: Franklin County. ... The first settlers of Denning Township were ... Dudley W. Duncan, ... The early settlers of Frankfort Township were ... Other early settlers were ... W.S. Duncan, ....
Pg.375: Franklin County. ... County Commissioners' Courts. ... The early records of the county having been destroyed, it is impossible to state who first composed this court for the county of Franklin, ... the first record of this court which has been preserved ... December, 1838, present ... Fred. F. Duncan, ... commissioners. List of county commissioners ... Fred F. Duncan, 1838-39; ...
Franklin Co. Biographical Appendix:
Pg.778: S.H. DORRIS, farmer, was born in Robertson Co. TN, in 1842, and when a boy came with his mother to Illinois and settled in Williamson Co., the father having died in 1854 in Tennessee. (more on Dorris genealogy) In 1865, in Williamson Co., he married Lydia S., daughter of W.P. Duncan, a farmer, born in Illinois August 14, 1806. She was born in Williamson County January 28, 1838. Her father and mother, Frances (Spiller) Duncan, were married July 27, 1820. The former died May 18, 1877, and the latter, born in Robertson Co. TN, November 7, 1807, died September 18, 1883, at Lake Creek, Williamson County. Our subject's children are William S. and Henry H., born respectively February 5, 1876, and March 26, 1882. Two sons and one daughter are dead. He is an old line Democrat, ... a Mason, and he and his wife are members of the Christian Church.
Williamson Co. Biographical Appendix:
Pg.794: Franklin County. C.O. KELLY (KELLEY), M.D., druggist, born 1845 in Ohio Co. KY, ... in 1869 he married Matilda Cross who died in 1872. Their only child is Bertha. In 1871 to Allendale, but a year later returned to Grayville where his wife died. In 1874 he moved to Ewing, began practice, and soon started his drug business also. In June, 1876, he married Lottie T., daughter of G.W. and Sarah T. (Duncan) Guthrie of Ewing. Their children are .... (MAD: not copied)
Pg.879: JOHN H. DUNCAN, county superintendent of schools, born in Marshall Co. KY on June 27, 1858, son of Samuel and Ruhamah (Frizzell) Duncan, natives of TN. Father to IL in 1864, locating in Franklin Co., a year later to this county, farmed until death which occurred while he was away from home in Johnson Co., Sept. 14, 1867. Politically prominent in Marshall Co. KY, where held various county offices ... commanded Co. A, 15th KY Cavalry in war. Our subject was reared on farm, attended Shurtleff College, Madison Co. IL, 2 years, then taught ... 1882 elected to present position, re-elected in 1886; Republican. ... Newspaper. Aug. 26, 1883, he married Mary M., dau. of W.J. Spiller of this county; they have a son and daughter. He is a Mason, an Odd Fellow, member of the Christian Church.
Pg.880: A.J. DUNCAN, farmer, merchant and tobacconist, was born in Williamson Co. in 1831, the third of ten children of William P. and Frances (Spiller) Duncan, natives respectively of Kentucky and Tennessee. The father, born in 1806, the son of Henry Duncan, came to what is now Franklin County with his parents when a young man, and about 1826 married and located on Schoharrie Prairie, where he reared his family, and removing to Lake Creek Township died in 1877 a life-long farmer. The mother, born in 1808, came to Illinois with her parents, and died in 1883. Both were esteemed pioneers and members of the Christian Church. Our subject's education ... teaching. When 22 he married Matilda Nall. Their only child is Judge Warren W., of Marion. She died in 1857, and in 1858 he married Nancy A., dau. of James T. and Elizabeth Powell. Their children are George W., Sarah A. (wife of J.N. Poor of Johnson Co.), James and William T. (deceased), Perrian W. and Charles L. Except about 6 months in Carbondale, he has since been a resident of his native county. In 1863 he became a partner with his father-in-law at Lake Creek ... Mason, member F.M.B.A., his wife is member of Christian Church.
1894 "Portrait and Biographical Record of Clinton, Washington, Marion and Jefferson Cos. IL" pub. by Chapman Bros. Pub. (FHL book 977.3 D3; Los Angeles Public Library book 977.3 P8525; good index)
Pg.406-9: WILLIAM P. HUDSON owns 200 acres of fine land on sections 29 and 30, Bald Hill Township, Jefferson Co., ... Our subject was born in Franklin County, this state, November 12, 1841, and is one of a family of six children born to his parents, John and Mary (Duncan) Hudson. The father was born in Robinson County, TN, in 1809, and came to the Prairie State when it was a territory. He here followed farming and stock-raising until the time of his death, which occurred in 1882. The Duncans went to TN from NC and thence to IL, where Mrs. Hudson died in 1844. ...
1878 "History of Jackson County, Illinois : with biographical sketches of some of its prominent men and pioneers" ed. by J.H. Brownlee and R. Allyn, pub. by Brink, McDonough & Co. (FHL book Q 977.3994 H2b and FHL film 962,314 item 1)
Pg.81: Andrew D. Duff, 11th child of Philip Duff and Mary Duncan his wife, and only child living, born 24 Jan. 1820 in Bond Co. IL. Philip and Mary Duff were married in South Carolina in 1801, moved to territory of IL in 1809, and settled in St. Clair Co. and subsequently moved to Bond Co. where they resided a number of years, afterwards located in Franklin Co. IL until their deaths. (MAD: nothing more about the parents; see Greenville Co. SC query mention of Bond Co. IL; see James Duff in Pendleton/Anderson Co. SC 1795 deed with Robert Duncan of Greenville Co. SC; see Pike Co. IL)
1883 "History of Alexander, Union and Pulaski Counties, Illinois" by William Henry Perrin, pub. by O.L. Baskin (FHL book 977.399 H2p and film 982,493 item 11)
Minor references not copied
Last third of book, Biographies, had separate page numbering; following from that section.
Pg.B129, Cobden Precinct, Union Co. Hollady & Duncan, millers, of Cobden ... V.R. Hollady b. Jan. 20, 1850, in TN, son of J.J. & Nancy C. (Hines) Hollady, natives of TN and settlers of Union Co. in 1860 ... R.B. Duncan, native of Williamson Co. IL where he was born May 4, 1850. His parents, Dudley and Rebecca (Spiller) Duncan were natives of TN, settled Williamson Co. very early. Grandfather Duncan owned land where Bainbridge now lies in that county. The parents were members of the Christian Church. Subject's parents died when he was very small. At age 14, he moved to Marshall Co. KS to live with his oldest brother W.B. Duncan, who now lives in CA. About 1870-71 to Franklin Co., IL, 1875 married Alice, dau. of Judge Prickett of Carbondale. His wife died March 1880, leaving one child, Ralph. He subsequently married Mollie Prindle of Indianapolis. ...
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