Duncan research files of
1840 Tippah Co. MS Census
No Duncan indexed
1845 Tippah Co. MS State Census (FHL film 899,870)
Pg.57 John Dunkin 4 males, 4 females
1850 Tippah Co. MS Census (pgs.431, 536 from Robert J. Lytal 1998)
Pg.431, #527, John LYTLE 60 NC farmer $500
Elizabeth 57 NC
Susan 23, Elizabeth 19, Martha 16 TN
Harriett 10, John 13 MS
James 7, Richard 2 MS
Jesse HALL 18 TN farming
(MAD & RJL: John Little mar. Elizabeth Duncan 4/7/1815 Lincoln Co. NC; 1860 Itawamba Co. MS census)
Pg.470, #1067, John DUNKEN 41 NC farmer $250
Malinda 40 K (KY)
William J. 19, Rufus 18 TN
Linsey (m) 17 TN
Winnaford DUNCAN (f) 15 TN (next page)
Henry 13, Edwin 11 MS
Mary Ann 9, Mahala 6 MS
(MAD: John Duncan mar. Malinda Duncan 2/18/1830 Hardeman Co. TN; ? 1840 Marshall Co. MS; one Wm. J. Duncan mar. Martha M. Wright 10/7/1856 Warren Co. MS; ? William J. and Edmond R. in 1860 Carroll Par. LA census)
Pg.472, #1099, Samuel DUNCAN 54 TN farmer $0
Elizabeth 51 SC
Thomas 24, Henry W. 20 TN
Safrana (f) 17 TN
Elizabeth 13, Hellen M. 10 TN
Erasmus P. (m) 5 MS
(MAD: Samuel Duncan mar. Elizabeth Duncan 8/10/1819 Caldwell Co. KY; he perhaps the son of Asahel Duncan, she the dau. of William B. Duncan of Hardeman Co. TN; 1820 Caldwell Co. KY census; 1830 Hardeman Co. TN census; 1840 Marshall Co. MS census)
Pg.473, #1106, John BERGE 30 MS farmer $0
Malinda 19 TN
Rebecca Ann 6, Ariena (f) 4 MS
Martha E. 5/12 MS
David HUDSON 38 VA ?grocey? merchant $250
(MAD: John Burge mar. Malinda Duncan 1/25/1844 Marshall Co. MS)
Pg.533, #602, Elizabeth BLALOCK 52 NC
Eliza McKINNEY 67, Francis (m) 65 VA
Noah DUNCAN 24 NC farmer
(MAD: ? Noah Duncan age 13 on 1840 school census in Wilkes Co. NC, son of Jonathan Duncan & Tempy Harris who were in 1850 Union Co. GA census)
Pg.536, #637, John LITTLE 25 NC grocer $250
Susan C. 19 TN
James M. 5/12 MS
James E. 18 TN farmer
Martha E. 12, George F. 10 TN
(RJL: believed to be John D.(Duncan?) Little that lived in Sec.14 and was probably the son of James and Martha (Duncan) Little mar. 12/17/1818 Lincoln Co. NC, to Hardeman Co. TN)
1860 Tippah Co. MS Census (stamped page number listed first, handwritten page in parentheses; some comments by Bobbie McDowell)
Pg.470 (26), #204-186, Noah DUNCAN 35 TN farm $0-200
Elizabeth 30 SC
Nancy E. 12, Martha Mc. (sic) 10 SC
Mary J. 7, Jas. T. 5 SC
Robert 3, Sarah E. 11/12 MS
(MAD: 1850 Laurens Co. SC census; BM: brother to Marshall Duncan)
Pg.472 (28), #216-206, Marshall DUNCAN 43 TN farm $2000-2500
Cynthia 34 SC
Mary 15, Robert 12 SC
John 9, Sarah 5 MS
Eliza DAISEY 46 TN -- $0-$1500
Jasper 17, Benjamin 12 TN
(MAD: 1850 Laurens Co. SC census; Marshall Duncan, b. 11 Oct 1816, d. 12 Sep 1862, is buried in the Pleasant Hill Cemetery, from "MS Genealogical Exchange" Vol.1, 1955, and Vol.2 #2, June 1956, FHL book 976.2 B2g)
Pg.473 (29), #223-206, James DUNCAN 24 TN farm $250-60
Mary A. 24 TN
Henry SURNER (blank age) TN
Pg.474 (30), #230-113, E.C. DUNCAN (m) 25 TN farm $400-250
S.A. (f) 25 SC
L.J. (f) 10/12 MS
C. BRADDOCK (f) 20 SC
(MAD: Elkanah Duncan, 1850 Washington Co. TN census; BM: brother to Marshall Duncan)
Pg.486 (42), #316-286, J.W. DUNCAN (m) 27 TN farm $0-500
Rebecca 23 NC
E.J. (f) 1, (not named) (f) 1/12 MS
(MAD: John Duncan on 1850 Washington Co. TN census; 1870 Alcorn Co. MS census; BM: brother to Marshall Duncan)
Pg.487 (43), #325-291, Benjamin DUNCAN 27 TN farm $350-200
Mary J. 22 TN
Marshall 3, Mary Ann 2 TN
Ellender (f) 9/12 MS
(MAD: 1850 Washington Co. TN census; 1870 Alcorn Co. MS census; BM: brother to Marshall Duncan)
Pg.490 (46), #349-313, William DUNCAN 21 TN farm $0-100 mar/in/year
Elizabeth 19 MS mar/in/year
(MAD: William Duncan mar. Elizabeth Lane 1/11/1860; BM: ? son of Robert Duncan #351)
Pg.490 (46), #350-314, J.D. DOOLEY (m) 21 TN (blank) $0-$200 mar/in/year
Sarah 18 TN mar/in/year
(MAD: John D. Dooley mar. Sarah E. Duncan age 18 11/29/1859)
Pg.490 (46), #351-315, Robert DUNCAN 51 TN farm $800-500
Mary 42 SC
Ruthy 16, Mathew 15, Rebecca 15 TN
Robert 9, Andrew 7 TN
M. Tennessee 8/12 MS
(MAD: 1850 Hamilton Co. TN census; one Robert Duncan mar. Mary Wilbanks 12/9/1858; BM: brother to Marshall Duncan)
Pg.491 (47), #356-320, John MATTHEWS 25 SC farmer $500-$100
M.J. (f) 21 SC
Pinkney 2, Mary S. 8/12 MS
M.V. DUNCAN (m) 23 TN carpenter
(BM: Martin V. Duncan, son of Robert Duncan #351)
Pg.538 (94), #682-622, Noah DUNCAN 32 NC farm $800-500 mar/in/year
E.O. (f) 21 NC mar/in/year
A.J. (m) 6 MS
(BM: E.O. was Elizabeth Proctor; MAD: Noah Duncan mar. Elizabeth Proctor 12/21/1859)
Pg.538 (94), #682-623, A.J. DUNCAN (m) 24 NC farm $0-200 mar/in/year
F.J. (f) 18 MS mar/in/year
Pg.542 (98), #710-650, Willis HINSLEY 40 TN farmer $2000-$8900
E. (f) 35 NC
Jasper 16 TN, Margaret 14 MS
Wm. GLOVER (age blank) TN tanner
Julia Ann 20 TN mar/in/year
A. DAVIS (m) 23 TN farmer
John DUNCAN 24 TN farmer
Saml. HINSLEY 16 TN
Frederick HORTON 65 TN saddler
Pg.647 (204), #1468-135, M.H. MONTGOMERY (m) 44 SC mechanic $1200-$1000
M.A. (f) 42 TN
Thomas J. DUNCAN 22 GA mechanic $0-500
Nancy Ann 22 MS
(BM: possibly from Pontotoc Co. MS; MAD: Thomas J. Duncan mar. Nancy A. Roberts 12/15/1858)
Pg.724 (76), #530-527, James G. DUNCAN 29 SC (blank) $0-550
Martha 25 TN
Elizabeth 8, Louisiana 7, Nancy 5 MS
Mary S. 2, John 3/12 MS
Pg.732 (84), #578-573, Jane BRIDGES (f) 49 SC farming $375-$704
Hamilton DUNCAN 20 MS farm $0-$0
Mary H. 18 MS (not mar/in/year)
Pg.788 (140), #969-970, Eli DUNCAN 34 TN farm $0-550
Elizabeth J. 30 TN
Mary 10, Sarah 9, Malinda 7 AL
Paulina 5, Margret 5 AL
James A. 2, Job 1/12 MS
Nancy KELL 58 NC weaver $0-$50
(MAD: 1850 Marion Co. AL census; 1870 Marshall Co. MS census as Jane Duncan)
Pg.820 (172), #1177-1186, Thomas DUNCAN 33 TN farm $750-$810
Elizabeth 32 TN
George W. 5, Mary E. 3, William C. 2 MS
Susan A. 8/12 MS
(BM: son of Samuel & Elizabeth Duncan)
Pg.820 (172), #1178-1187, Henry W. DUNCAN 28 TN farmer $750-$686
Esther E. 17 TN (not mar/in/year)
(BM: son of Samuel & Elizabeth Duncan)
Pg.820 (172), #1179-1188, Elizabeth DUNCAN 61 SC farm $1500-$1552
Sophrona 27, Elizabeth W. 22 TN
Helen 19, Erasmus 14 MS
(MAD: Elizabeth age 61 widow of Samuel Duncan)
Pg.820 (172), #1180-1189, Rufus N. DUNCAN 28 TN farm $1000-$390 (alone)
(BM: son of John & Malinda Duncan)
Pg.820 (172), #1181-1190, John BURGE 45 TN farmer $400-$380
Belinda 35 TN (plainly "B")
Rebeca 15, Arrena (f) 12, Martha 10 MS
Nancy 8, Jane 6, Mary 4, Amanda 3 MS
Samuel 2, Alexander 3/12 MS
Pg.821 (173), #1182-1191, William J. DUNCAN 30 TN farm $0-500
Lucy 25 TN
William 10/12 MS
(BM: son of John & Malinda Duncan)
Pg.841 (193), #1314-1329, Ira E. WILSON 49 SC farmer $800-$1210
Mary T. 47 SC
John C. 22, Hanah V. 20 SC
Allen T. 18 SC
J. Henry 15, Sarah 13 MS
Lewis 11, George 9, Rubin 7 MS
Edwin R. DUNCAN 21 MS farm $0-$110
Henry PORTER 22 MS farm laborer $0-$150
(MAD: E.R. Duncan mar. Julia Taylor 1870 in Marshall Co. MS; one E.R. Duncan 1825-1906, in 2nd & 34th MS Inf., 1825-1906, bur. Benton Co. MS; Julia Catherine, wife of Edwin R. Duncan, 10/29/1853 - 10/21/1937, bur. Potts Cemetery, Benton Co. MS; J.C. Duncan, wife of E.R. Duncan of 34th MS, applied for pension 1900 Benton Co. MS)
Pg.842 (194), #1320-1336, John DUNCAN 50 NC farmer $1500-$1090
Arminda 50 KY
Henry 23, Edwin 21, Mary 18 MS
Mahala 15, George W. 12 MS
James M. GORDAN 5 MS
(BM: see John Duncan & Malinda on 1850 census; plainly written here as "Arminda"; one Henry Duncan, 2nd MS Cav., b.1834 MS, d.1900 Benton Co. MS, had Confederate grave registered; ? one Henry Duncan in 1870 Scotland Co. MO census)
Pg.860 (212), #1458-1471, Jesse DUNCAN 50 TN farm $800-$965
Palina 44 NC (blank occupation) $1600-$0
Franklin 13, Cornelia 7 MS
Elizabeth J. BOOKOUT 16 MS weaver $0-$0
(BM: Jesse Duncan was declared insane; MAD: 1850 Marshall Co. MS census; Palina and children in 1870 Marshall Co. MS census; one Elizabeth Duncan mar. John Bookout 1858)
1870 Tippah Co. MS Census
Twp.5 Range 1, Salem P.O. (Bobbie McDowell info: present Benton Co. MS)
Pg.42, #18, DUNCAN, Wash 21 MS wks on farm $0-$0
M.E. (f) 20 MS
R.A. (m) 6/12 MS
(BM: G.W. Duncan mar. Mollie E. Roundtree 3/25/1869, he the son of John Duncan and Arminda on 1860 census; one Washington Duncan, 18th MS Cav., b.1834 Tippah Co. MS, d.1890 Benton Co. MS, had Confederate grave marker)
Pg.42, #19, DUNCAN, Malinda 62 TN farming $700-$850
Joseph 10 MS
E.R. (m) 30 MS
K.C. (f) 17 MS
(BM: widow of John Duncan; MAD: John Duncan 65 TN d. Dec., on 1870 mortality schedule; Joseph age "10" but perhaps should be age 40, K."C." age 17 should be Julia Catharine; one Malinda Duncan 74 KY SC SC indexed on 1880 census in pg.278A, Benton Co. MS, mother-in-law of Berry Pig 30 AL AL AL, wife Mahala 35 MS SC KY)
Twp.4 Range 2, Salem P.O. (present Benton Co. per Bobbie McDowell)
Pg.85, #17, DUNCAN, E.W. (f) 70 SC keeps house $300-$800
Sophronia 39, E.W. (f) 30 TN
LENTS, Jeff 35 IL works on farm $0-$100
(BM: widow of Samuel Duncan; Elisabeth 42 TN SC SC and Saphrona Duncan 46 TN SC SC indexed on 1880 Benton Co. MS census pg.278A)
Pg.85, #18, DUNCAN, Henry 40 TN farmer $400-$400
E.E. (f) 27 MS
M.C. (f) 9, M.H. (m) 6 MS
D.A. (f) 4, A.F. (f) 2 MS
(BM: son of Samuel Duncan & Elizabeth on 1850 census; H.W. Duncan mar. E(sther) E. Blyth 8/1/1860; indexed as Henry W. Duncan 48 TN SC SC, wife Ester 37 MS AL AL, on 1880 Benton Co. MS census pg.278A)
Twp.1 Range 3
Pg.112, #36, DUNCAN, Noah 43 NC farmer $800-$400
E. (f) 33 NC
A.J. (f) 15, R.O. (m) 8 MS
M.L. (f) 6 IL
J.F. (m) 3 MS
(BM: wife Eliz. Proctor)
Twp.4 Range 3
Pg.146, #143, DUNCAN, N.A. (f) 31 MS keeps hse $0-$0
Sally 10 MS
Pg.150, #18, Hotel, many people both black and white
DUNCAN, Jim 18 MS BLACK, Henry 15 MS BLACK
Twp.6 Range 3
Pg.180, #182, PARKER, Ben 60 TN farmer $0-$0
Martha 55 TN
DUNCAN, Sue (f) 18 MS hse. keeper
Kate 2 MS
Pg.180, #183, DUNCAN, Melinda 30 MS keeps hse $0-$0
Paralla (f) 7, John 5 MS
Twp.2 Range 4
Pg.193, #59-61, DUNCAN, Mary 52 SC keeps hse $0-$0
A.B. (m) 18, M.A. (f) 16 SC
M.T. (f) 10, General B. (m) 8 MS
(BM: widow of Robert Duncan, brother to Marshall Duncan)
Twp.5 Range 4
Pg.221, #34, DUNCAN, G.A. (m) 60 TN farmer $300-$300
Milly 55 TN
W.T. (m) 26, Matt (f) 19 MS
Ally (f) 16, Tom 13 MS
(MAD: Gilmore Duncan; 1850 Lauderdale Co. MS census; 1860 Clark Co. AR census)
Twp.3 Range 5
Pg.250, #74, DUNCAN, Cynthia 44 SC farmer $1000-$0
John Quitman 19, Sarah Jane 15 MS
Nancy Marshall 8 MS
(BM: widow of Marshall Duncan)
Pg.250, #75, DUNCAN, Elcana 35 TN farmer $400-$0
Sarah Ann 36 SC
Lucy Jane 10, Mary E. 9 MS
Martha Elcana 6, Jno. Franklin 4 MS
Cora Ann 3, Philip Lafayette 2/12 MS
(BM: brother of Marshall Duncan; MAD: Elcana Duncan, Feb. 16, 1835 - Oct. 18, 1902, and Sarah Ann Duncan, wf of Elcana, Oct. 24, 1833 - Dec. 30, 1907, are buried in the Pleasant Hill Cemetery with others of their family, from "MS Genealogical Exchange" Vol.1, 1955, and Vol.2 #2, June 1956, FHL book 976.2 B2g)
1880 Tippah Co. MS Census (partial; pg.477A from Kathy Cawley 1/2005; pg.483B from FHL film 1,254,666, not on Ancestry.com)
Dist. 5, S.D.# 1, E.D.# 193, hand printed # 9
Pg.477A, #72-74, DUNCAN, Robert, w/m, age 31, Head, Farmer, M'd., S.C./Tn./S.C.
Nancy F., w/f, age 40, Wife, Keeping house, M'd., S.C./S.C./S.C.
Marsha C., w/m, age 10, Son, At home, disentary (sp), attended school, Ms./S.C./S.C.
Gustavus F., w/m, age 7, Son, disentary (sp), attended school, Ms./S.C./S.C.
John W., w/m, age 5, Son, Ms./S.C./S.C.
Robert L., w/m, age 3, Son, Ms./S.C./S.C.
Mark F., w/m, age 4/12 July, Ms./S.C./S.C.
N. Mottie, w/f, age 17, Sister, consump., attended school, Ms./Tn./S.C.
McATEER, Sallie, w/f, age 25, Sister, At home, DV'd., Ms./Tn./S.C.
McATEER, Lilla d., w/f, age 6, Niece, At home, attended school, Ms./Ms./Fl.
TALLIE, Samuel, w/m, age 14, laborer, Farm laborer, cannot read/write, Tn./Tn./Tn.
Beat 5, S.D. 1, E.D. 193, pg.22
Pg.483B, #186-189, DUNCAN, C. Perry w/m 35 GA farmer married parents b.SC GA
Rebeca w/f 34 wife MS married keeping house parents b.TN MS
James T. w/m 8 son MS single parents b.GA MS
M. Fannie w/f 6 dau. MS single parents b.GA MS
John F. w/m 4 son MS single parents b.GA MS
Sallie I. w/f 1 dau. MS single parents b.GA MS
MAD: Among other households also on this page were those of Adolphus Kitchins and James Kitchins.
1920 Tippah Co. MS Census (partial; from Kathy Cawley 1/2005)
Beat 5, Tippah County, Mississippi
s.d.# 2, e.d.# 110, sheet # 2 B, page # 138B
41-41, DUNCAN, Allen, Head, m/w, age 55, can read/write, Ms./Tn./S.C., farmer/gen'l farm
Marth, Wife, f/w, age 50, can read/write, Ms./S.C./S.C.
Mary, Daughter, f/w, age 18, single, attended school, can read/write, Ms./Ms./Ms. farm laborer/home farm
Sallie, Daughter, f/w, age 15, single, attended school, can read/write, Ms./Ms./Ms. farm laborer/home farm
ROGERS, Tom, Offspring?, m/w, age 4 11/12, Ms./Tn./Ms.
43-43, DUNCAN, Robert M., Head, m/w, age 47, M'd, can read/write, Ms./Tn./S.C., farmer/gen'l farm
sheet # 3A, page # 139
Amanda, Wife, age 38, M'd, can read/write, Ms./Ms./Ms., farm laborer/home farm
Joseph M., Son, age 20, single, attended school, can read/write, Ms./Ms./Ms. farm laborer/home farm
Nanie, Daughter, age 18, single, attended school, can read/write, Ms./Ms./Ms. farm laborer/home farm
Dewar?, Son, age 13, single, attended school, can read/write, Ms./Ms./Ms. farm laborer/home farm
Carrol, Daughter, age 9, single, attended school, can read/write, Ms./Ms./Ms.
Mitchell, Son, age 4 4/12, Ms./Ms./Ms.
Owen, Son, age 1 2/12, Ms./Ms./Ms.
45-45, DUNCAN, J. Frank, Head, m/w, age 54, M'd, can read/write, Ms./Tn./S.C., farmer/gen'l farm
Abbie, Wife, f/w, age 52, M'd, can read/write, Ms./Ms./Ms.
Linnie, Daughter, age 18, single, attended school, can read/write, Ms./Ms./Ms., farm laborer/home farm
Herman, Son, age 14, single, attended school, can read/write, Ms./Ms./Ms., farm laborer/home farm
Jim P., Son, age 12, single, attended school, can read/write, Ms./Ms./Ms., farm laborer/home farm
Birdie, Daughter, age 8, single, attended school, Ms./Ms./Ms.
Jno. T., Lodger, age 25, can read/write, Ms./Ms./Ms., farmer/gen'l farm
Hughey W., Lodger, age 30, W'd., can read/write, Ms./Ms./Ms., farmer/gen'l farm
46-46, DUNCAN, Lon, Head, m/w, age 32, M'd, can read/write, Ms./Ms./Ms., farmer/gen'l farm
Ella, Wife, f/w, age 35, M'd, can read/write, Ms./Ms./Ms., farm laborer/home farm
Rubie L., Daughter, f/w, age 1 4/12,
Carlile, Nephew, m/w, age 10, attended school, Ms./Ms./Ms.
47-47, DUNCAN, Mark F., Head, m/w, age 40, M'd, can read/write, Ms./Tn./S.C., farmer/gen'l farm
Muaude L., Wife, f/w, age 33, M'd, can read/write, Ms./Ms./Ms.
Overt E., Son, m/w, age 17, single, attended school, can read/write, Ms./Ms./Ms., farm laborer/home farm
Robert T., Son, m/w, age 15, single, attended school, can read/write, Ms./Ms./Ms., farm laborer/home farm
Dorothy A., Daughter, f/w, age 13, single, attended school, can read/write, Ms./Ms./Ms., farm laborer/home farm
Markus R., Son, m/w, age 8, attended school, Ms./Ms./Ms.
48-48, DUNCAN, Gus F., Head, m/w, age 47, M'd, can read/write, Ms./Tn./S.C., farmer/gen'l farm
Mollie S., Wife, f/w, age 45, M'd, can read/write, Ms./S.C./Ar.
Nancy L., Daughter, f/w, age 18, single, attended school, can read/write, Ms./Ms./Ms., farm laborer/home farm
Lowery C., Son, m/w, age 16, single, attended school, can read/write, Ms./Ms./Ms., farm laborer/home farm
Earnest S., Son, m/w, age 4, single, attended school, can read/write, Ms./Ms./Ms., farm laborer/home farm (age says 4)
COX, Treese T., Brother-in-law, m/w, age 48, single, can read/write, Ms./S.C./Ar. farm laborer/working out
Tippah Co. MS Deeds (there is also an index on FHL film 895,790; an index was also published in "Tippah Co. MS Land Deed Extracts 1836-1870" by Don Martini and Bill Gurney, 1983, FHL book 976.2923 R2m)
B-109: Tippah Co. MS, 15 Feb. 1838, William L. Duncan to Felix W. Goff and Terry B. Young; agreement; Wm. L. Duncan sells to Felix W. Goff and Terry B. Young for $6,250, by notes, the undivided half of land in Hardeman Co. TN on Big Hatchy, in 9th Survey District, Survey #2650 in Sec.1 R1 and Survey #3235 and #1893, total 460 acres granted land and an occupant claim adjacent supposed to contain 125 acres, upon payment of notes, Duncan to make title; also undivided half additional negroes Bob age 25, Lige, Peter, Moriah, old Bob and his wife Dolly, Lucinda and her three children Lewisa, Flem and Emberson, and Ned and his wife Charity and her children Crocket and their increase from 26 Sept. 1835; negroes only to be moved to the counties of Tippah and Tishomingo in MS and Hardeman in TN; wit. Jno. W. Thompson, Thos. J. Davidson. (FHL film 895,791)
C-204: 21 Feb. 1838, William L. Duncan of Hardeman Co. TN to secure Pitser Miller of same, Duncan owes Miller $2000, deed for life Bob about 50 and wife Dolly 52, Aube? age 20, Peter 17, Elijah 15, Marie 17, Louisa 12, Lucinda 27, ?elen 6, Emberson 7, Crocket 7, Sarah 3, Henderson 2, and 160 acres in said county, 9th Surveyor District, R1 Sec.(blank) incl. land conveyed to Duncan by Boxly and Perkins this day. (FHL film 895,791)
D-28: 19 Nov. 1839, John H. Glaze of Tippah Co. MS to E.G. Duncan of Hardeman Co. TN, $950, SE 1/4 Sec.15 T3 R1, 160 acres; no wit. (FHL film 895,792)
E-13: 13 Jan. 1843, Charles G. and Mary M. Dahlgreen of Adams Co. MS to Stephen Duncan. (from index only)
E-379: 3 April 1837, Stephen and Catherine A. Duncan of Adams Co. MS to Alfred C. Cochran of Adams Co. MS. (from index only)
F-137: 15 Nov. 1844, E.G. Duncan and wife Jane (X) to Lewis Neighbors (later Nabors), for $300, SE 1/4 Sec.15 T3 R1E; appeared Tippah Co. MS; no wit. (FHL film 895,793)
G-455: 6 June 1846, Tennessee Overton of Chickasaw Nation of Indians to Walter Goodman of (blank) Co. MS, $200 paid to her, Sec.8 and Sec.17 T1 R1E, 1,280 acres; wit. Jno. H. Strain, John Duncan. (FHL film 895,793)
J-201: 8 Feb. 1850, Stephen and Catherine Duncan of Adams Co. MS to Oakland College. (from index only)
K-177: 11 Oct. 1851, Elliott F. and Nancy S. Shackelford to Marshall Duncan. (from index only)
K-452: 13 Oct. 1851, Winslow and Dovey B. Blalock to Noah Duncan. (from index only)
K-453: 19 Feb. 1852, (headed and signed W.L. Duncan) "Thomas" L. Duncan of Pontotoc Co. MS and wife Mary A. to Thomas Macon of Tippah Co. MS, $100, E 1/2 SW 1/4 Sec.23 T3 R3E; no wit. (FHL film 895,795)
L-276: 30 Dec. 1852, Thomas L. Duncan of Pontotoc Co. MS to Wm. W. Rutherford of Tippah Co. MS, $120, W 1/2 SW 1/4 Sec.23 T3 R3E; no wife, no wit. (FHL film 895,796)
M-437: 23 Dec. 1853, James M. and Susannah S. Howard to Noah Duncan. (from index only)
M-472: 16 Jan. 1854, Marshall and Sintha Duncan to John Stewart. (from index only)
O-25: 12 Feb. 1855, B.F. Acree and wife Mary A. to Clarissa Acree and Polina L. Duncan, all Tippah Co. MS, $400; to Clarissa Acree for life, she can sell or dispose of during her life, but if not, then at her death to Polina L. Duncan and her heirs, the NE 1/4 Sec.32 T3 R2E; no wit. (FHL film 895,797) (MAD: wife of Jesse Duncan, 1850 Marshall Co. MS)
O-103: 1 Oct. 1853, Noah and Martha Duncan to John G. Whitehorn. (from index only)
O-290: 19 June 1855, William Arthur of Marshall Co. MS to Thomas Duncan and Henry Duncan of Tippah Co. MS, $100, NE 1/4 Sec.17 T4 R2E, 160 acres; /s/ Wm. Arthur and Susan H. Arthur. (FHL film 895,797)
O-291: 19 June 1855, William Arthur of Marshall Co. MS to Elizabeth Duncan, wife of Samuel Duncan, of Tippah Co. MS, $200, land on Tippah River, 160 acres, SE 1/4 Sec.17 T4 R2E; also /s/ by Susan H. Arthur. (FHL film 895,797)
O-395: 3 Sept. 1855, Noah Vernor to Marshall Duncan. (from index only)
X-551: 25 March 1869, Cynthia Duncan, admin. of Marshall Duncan decd, to A.B. Walden. (from index only)
Tippah Co. MS Deeds (from Robert Lytal 1998)
H-59 and H-60, 2/7/1848 to John Lytal for NW 1/4 Sec.29 T6 R4E; J-356, 2/4/1854, John Little mortgaged NW 1/4 Sec.29 T6 R4E; L-138, 9/3/1852, John Little mortgaged NW 1/4 Sec.29 T6 R4E; N-401, 10/9/1854, bond by John & Elizabeth Little for appearance of Thomas L. Littal on charges of larceny; S-3, 1/1/1859, John and Elizabeth Lytal ?sold NW 1/4 Sec.29 T6 R4E; S-13, 1/26/1859, John Little bought NW 1/4 Sec.29 T6 R4E. (RJL: These are John Little who mar. Elizabeth Duncan 4/7/1815 Lincoln Co. NC)
H-288, 9/4/1847 mortgage by John D. Little of NE 1/4 Sec.14 T2 R3E payable to Moses Shannon as admin. estate of James Little and H.T. Rowland as surety for admin.; J-33, 3/20/1850 to John D. Little by admin. of estate of James Little, SE 1/4 Sec.14 T2 R3E; K-150, 9/6/1851, John D. Little sold SE 1/4 Sec.14 T2 R3E. (RJL: probably son of James Little who mar. Martha Duncan 12/17/1818 Lincoln Co. NC, to Hardeman Co. TN)
H-526, 2/22/1849, 88 acres in SW 1/4 Sec.23 T6 R3 to W.J. Lytal & M.W. Moody.
M-356, 10/13/1853, John Little mortgaged farm animals, repaid.
R-8, 2/9/1858, John Little mortgaged farm animals and corn for purchase of "home" where said Little lives.
V-375, 12/24/1859, Charles G. Liddell bought NW 1/4 Sec.15 T6 R3E.
"Reports of cases argued and determined in the High Court of Errors and Appeals for State of Mississippi" Vol.XLII, by R.O. Reynolds; ("Mississippi Reports") Vol.42, pgs.501 to 506 (California State Law Library, Sacramento, 1/2004)
WILLIAM D. CARTER et al. v. N. L. DAIZY, Executor; Supreme Court of Mississippi; 42 Miss. 501; April, 1869, Decided.
Error to the Circuit Court of Tippah County. Hon. A.M. Clayton, Judge.
Action on a promissory note by M. Duncan and N. L. Daizy, executors of N. A. Daizy, against plaintiffs in error and O. R. Miller, brought to March Term, 1861. Process returned, executed on defendants (naming them), by delivering them true copies of this writ. Pleas filed at the September Term, 1861, by William D. Carter. At the September Term, 1866, death of Duncan suggested, and order of revivor in name of N. L. Daizy, surviving executor; death of O. R. Miller, and suit abates as to him, "and the other defendants, Carter & Persons, by attorney, withdraw their plea, and say nothing further in bar of this action. It is therefore considered by the court, that plaintiff recover of defendants, Carter & Persons, the sum of," etc.
Writ of error by Carter & Persons. The errors assigned are stated in the opinion of the court.
COUNSEL: W. P. Harris, Tucker & Green, for plaintiffs in error.
1. That the return of process upon Persons was insufficient, and not waived by plea. That the insufficiency of the service as to Persons was available to Carter, and could be taken advantage of by him.
2. The statute provides "that original process be served personally on the defendant, if to be found, and a true copy delivered to him," contemplating and requiring that the original be served personally, and a copy delivered.
3. The judgment should have been a judgment by default, and that default ascertained and proclaimed, "The defendant being solemnly called, came not, but, etc." An actual default must be recited, and before that can be done, it must be ascertained.
F. Anderson for defendant in error.
1. That the service was sufficient.
2. That a recital that the defendant was called, was not necessary. He was summoned to answer the cause of action, and his failure to plead or demur was evidence of the default.
(Opinion:) PEYTON, J., delivered the opinion of the court.
In this case it appears that M. Duncan and N. L. Daizy, executors of the last will and testament of N. A. Daizy, deceased, instituted suit on the 20th day of February, 1861, in the Circuit Court of Tippah county, against William D. Carter, Oliver R. Miller, and William Persons, on their writing obligatory for the sum of $452.50; and that process was returned to the March Term of said court, executed by the sheriff as follows: "Executed on Oliver R. Miller and William Persons, by giving them true copies of this writ. Executed on Dr. William D. Carter, by giving him a true copy of this writ."
The defendant, William D. Carter, appeared by his attorney, and pleaded two special pleas in bar of the action, upon which issues in fact were joined; and at the September Term of said court the following entry was made: "On this 10th day of September, 1866, comes the plaintiff by attorney, and the death of M. Duncan, one of the plaintiffs, being suggested, it is ordered by the court that this suit abate as to him, and proceed in the name of N. L. Daizy, the surviving plaintiff. The death of O. R. Miller also being suggested, it is ordered that this suit abate as to him, and the other defendants, Carter and Persons, by attorney, withdraw their plea, and say nothing in bar of plaintiff's action. It is therefore considered by the court that the plaintiff recover of the defendants, W. D. Carter and William Persons, the sum of four hundred and fifty-two dollars and fifty cents, the debt in the plaintiff's complaint mentioned with the further sum of one hundred and fifty-seven dollars and sixty-two cents, damages sustained by reason of the detention of said debt; also the costs in this behalf expended, and that execution issue."
From this judgment the plaintiffs in error prosecute this writ of error, and make the following assignments of errors: "1. The court erred in rendering judgment nil dicit, when there was no appearance or plea of one of the defendants, and no default ascertained and proclaimed. 2. The judgment as to one of the parties being without service of process as the statute requires, and without appearance or plea, is erroneous as to both defendants."
The first assignment of error presents the question, whether a judgment by default can legally be taken against a defendant who had been duly and properly served with process, without an appearance or entry in the record of his appearance to the action. In England, the judgment by default is either by nil dicit or non sum informatus. The one is where the defendant has been legally served with process, and appears and says nothing in bar or preclusion of the plaintiff's action. The other is where the defendant appears by attorney, but the attorney says that he is not informed by the defendant of any answer to be given to the action. These contemplate an actual appearance of the defendant, either in person or by attorney. This is believed to have been the practice in that country, until it was changed by statute, which authorized the plaintiff, upon affidavit of personal service of process upon the defendant, to enter an appearance for him, and proceed thereon as if the defendant had duly appeared himself.
It has been the practice in this State for the plaintiff to take judgment by default against the defendant without the entry of his appearance in any way, where it shall appear to the court that process has been duly served upon him. This gives the court jurisdiction of the person of the defendant, and there is no good reason why judgment should not be rendered against him by default upon his failure to appear to the action. This practice is in accordance with the statute and the adjudication of this court. In that case the court says: "As to the appearance, it may be shown, either by an entry made on the record under the sanction of the court, or by the plea of the defendant. It is manifest that the appearance of the defendant is not to be shown only by his plea; for he may appear and decline to plead, in which case the judgment is not one of default, but on appearance, and nil dicit." This clearly implies that, had there been no appearance, the judgment would have been one of default, and distinguishes this kind of judgment by default for non-appearance, from those judgments by default after appearance, either in person or by attorney, by nil dicit or non sum informatus.
The second assignment of error brings in question the sufficiency of the service of the process upon William Persons.
The service of process, by delivering a copy thereof to the defendant in person by the sheriff or other proper officer, is, we think, good personal service within the true intent and meaning of the law. The object of the statute is to give the defendant the most certain and explicit notice, in proper time, by the proper officer, of the pendency of the suit against him, of which the case is susceptible, so that he may have an opportunity to make defence, should he think proper to do so.
The service of process is either actual or constructive. Actual service is effected by leaving a copy of the process by the proper officer with the defendant in person. This gives him personal notice in writing, which is the most certain and specific mode of giving notice, to appear before the court at a certain time and place therein specified, to answer the action of the plaintiff. Constructive notice is effected when the defendant cannot be found, by leaving a copy of the process at his usual place of abode, with his wife or some free white person above the age of sixteen years, then and there being one of his family, or by leaving such copy at some public place, at the dwelling house or place of residence of the defendant, he being not found, and no such free white person being there willing to receive the same. This copy, thus left for the defendant in his absence, may possibly never be received or seen by him, and yet the service will be good. And it cannot, with reason, be said that service by copy not personal shall be good, and yet personal service by copy shall be bad. We think, therefore, that serving Persons personally with a copy of the process by the sheriff, is a substantial compliance with the statute, and good personal service of the process upon him. And Persons having been legally served with process, and failing to appear, and Carter's pleas having been withdrawn by his attorneys, judgment by default was properly entered against them.
The judgment must therefore be affirmed.
Go to the Tippah Co. MS References from Other Localities
Go to the Tippah Co. MS Military Records
Go to the Tippah Co. MS Histories before 1923
MAD: Tippah Co. MS Marriages and Censuses have been extracted and published by Tommy Lockhart.
Newspaper and other records have been extracted and published by others, including the following by Don Martini:
"Death notices of Tippah County, Mississippi" by Don Martini, 3 vols. (FHL book 976.2923 V4m and (Vol.1) film 928,393 item 2 and (vol.2-3) fiche 6,087,486 and 6,087,487)
"Tippah Co. MS Obituaries and Probates" Vol.I, by Don Martini
"Tippah Co. MS Death Notices 1837-1914"
"Tippah Co. [MS] Heritage" Vol.2, 1994, compiled and edited by Tommy Covington (from Alta Sue Duncan 1986; Vol.2 in FHL book 976.2923 D2c and film 2,055,215 item 11)
Pgs.310-319 contain biographical sketches of many Duncans who lived in Tippah Co. MS.
"The William A. McAteer family and allied families" by Sallie Stewart Harrison and Ethel Stewart Cole (FHL book 929.273 M119h)
Pg.440-1 contain information on the Jesse Prather family of Laurens Co. SC, including their dau. Verlinda Isabella Prather, b. 11/30/1813 SC, d. 4/24/1872 Tippah Co. MS, bur. Pisgah Cem.; married James Duncan ca 1834 (son of Joseph & Verlinda Duncan), b. 2/18/1803 Whitmire, SC, d. 10/18/1836 Laurens Co. SC. Pg.442 gives information on Jennie McAteer, b. 5/23/1802 SC, d. 3/13/1855 Newberry Co. SC, sis. of Elizabeth McAteer on pg.440, dau. of Hugh McAteer and Isabella Law; married Joshua Duncan (son of Joseph & Verlinda Duncan), b. 9/26/1799, d. 10/20/1876 Newberry Co. SC.
"The Hall Family of KY and TX" by Roy M. Hall of Sacramento, CA, ca 1986 (FHL book 929.273 H146h and film 1,321,199 item 1)
Pg.109 and others in this book contain information on the family of John Duncan, wife Malinda Duncan, of Tippah Co. MS 1860, and their children.
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