Duncans in Crawford Co. PA


Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug

Last revised December 6, 2011

Formed 1800 from Allegheny


1810 Crawford Co. PA Census
Pg.418  Charles Duncan       41010       - 11010          Shenango

1820-1830 Crawford Co. PA Census
        No Duncan indexed

1840 Crawford Co. PA Census
Pg.361  John Duncan          2200,001    - 0100,1         Fallowfield

1850 Crawford Co. PA Census
Oil Creek
Pg.251, #65, Alanson NELSON 22 NY lumberman $200
                  Electa 20 NY
                  Livonia STRONG (f) 16 NY
                  S.B. DUNCAN (m) 21 PA
                  & laborers
E. Fallowfield
Pg.421, #77, John DUNCAN 55 IRE farmer $1200
                  Jane 38 PA
                  William 18, David 16 PA
                  John 14, Henry 12 PA
                  Mary 6, Joseph 4 PA
                  James 2 PA

1860 Crawford Co. PA Census
Conneaut Twp.
Pg.164-5, #106-106, Charles DUNCAN 43 PA farmer $2500-$675
                  Phoebe 35 OH
                  William 17 OH
                  Rozella (f) 15 WIsc
                  Hellen (f) 11 OH
                  Robert 9, Fidelia (f) 7 WIsc
                  Willis 5, Eva 4 WIsc
                  Pluma (f) 2 PA
                  Maria 30 PA servant
                  (MAD: Charles Duncan mar. Phoebe Sampson 12/16/1841 Trumbull Co. OH; 1850 Grant Co. WI; Robert in 1870 VanBuren Co. IA)
E. Fallowfield Twp.
Pg.261, #447-439, John DUNCAN 64 IRE farmer $2000-$520
                  Jane 47 PA
                  Henry 21, Mary E. 15 PA
                  Joseph 14, James 12 PA
                  Martha J. 7 PA
Pg.264, #473-465, David DUNCAN 26 PA farmer $1200-$330
                  Sarah 25 PA
                  Semantha (f) 9, John 8/12 PA
Pg.264, #474-466, John DUNCAN 24 PA farmer $1200-$420
                  Wm. 27 PA shoe maker $600-$100
                  Ann 24 PA (not m/in/year)
Oilcreek Twp.
Pg.611, #97-94, J.B. DUNCAN (m) 30 PA farmer $500-$150
                  Abigal 28 NY
                  Ellen 7, James? 5 PA
                  "not named" (f) 3 PA
                  Johnathan GEROL? 28 NY farmer $1000-$150
                  Martha 26 PA (blank) $0-$25
                  Nelsen (m) 32 NY farmer $2000-$0
                  (MAD: definitely J.B. Duncan, not S.B. Duncan)
Pine Twp.
Pg.628, #11-11, Amos L. GILLAND 27 PA lawyer $400-$100
                  Philetta (f) 24 PA
                  Frank 4 PA
                  Ezra 20 PA farm laborer
                  Julia DUNCAN 16 PA domestic

1870 Crawford Co. PA Census
Conneaut Twp.
Pg.73, #55-55, DUNCAN, Charles 52 PA farmer $3,000-$1,000
                  Thida (f) 45 OH keeping house
                  Wm. 27 OH cripple
                  Fidelia (f) 17 WI
                  Willis 15 WI attending school
                  Eva 13 WI attending school
                  Pluma (f) 12 PA attending school
                  Alpheda (f) 10 PA attending school
                  Julietta 8 PA attending school
                  Asletta (f) 5 PA attending school
                  Ora May 3 PA
E. Fallowfield
Pg.118, #30-30, DUNCAN, Henry 31 PA farmer $4500-$840
                  Sarah M. 22 PA keeping house
                  (MAD: no children)
Pg.125, #97-97, DUNCAN, Joseph 24 PA farmer $3300-$1262, father of foreign birth
                  Emily C. 23 PA keeping house
                  (MAD: no children)
Pg.129, #186-186, McENTIRE, James M. 48 PA farmer $6000-$1500
                  Sarah Ann 43 PA keeping house
                  DUNCAN, Samantha (f) 14 PA
Pg.130, #197-197, DUNCAN, William 37 PA farmer $5000-$1000, father of foreign birth
                  Amy 32 PA keeping house
                  [DUNCAN,] Jane 56 PA keeping house
                  Martha Jane 17 PA, father of foreign birth
                  Mary Sarah 8 PA
Pg.131, #206-206, DUNCAN, John 34 PA carpenter $0-$2500
                  Mary J. 24 CANada, keeping house, parents of foreign birth
                  Robert A. 3 CAN, mother of foreign birth
W. Fallowfield
Pg.801, #70-68, DUNCAN, David 36 PA grocery retailer $6000-$1200, father of foreign birth
                  Mary 31 PA milliner, father of foreign birth
                  John M. 10, Fred 2 PA
                  HEATH, Leorna (f) 25 PA milliner
Woodcock Twp.
Pg.824, #145-148, DUNCAN, John 45 SCT farmer $1000-$500, parents of foreign birth
                  Priscilla 35 PA keeping house
                  Samuel 15 PA works on farm, father of foreign birth
                  Anna 14 PA at house, father of foreign birth
                  Albert 11 PA, father of foreign birth
                  Harry (m) 4 PA, father of foreign birth
                  William O. 2 PA, father of foreign birth
Pg.839-840, #79-81, Crawford Co. Poorhouse,
                  many people, including
                  DUNCAN, Maria (f) 42 PA does housework


Crawford Co. PA Index to Orphans' Court records 1825-1921; each volume also has an index; index A-E; Du on pg.229+ (FHL film 909,290; SLC 6/12/2008; records on film only through Vol.G, 1865-1868)
      Duncan, Henry, East Fallowfield Twp., widow's app. Docket I, pg.651; Appt. of gdn, J-259; sale or mtg of real estate J-376; allowance for support &c of minors K-762; discharge of Ex, adm. or gdn, L-626; account of ex., admin or gdn, 5-308, 6-440; remarks: order to pay money to foreign gdn, L pg.626.
      Duncan, Dr. George, Meadville, account of ex., admin. or gdn, 3-118.
      Duncan, William, East Fallowfield, account of ex., admin. or gdn, 5-195
      Duncan, Joseph L., M.D., Vernon Twp., widow's apprmt 1897 - quit
      Duncan, William W., Meadville, 1899, quit

Crawford Co. PA Index to register's dockets 1800-1970 (under probate records); general index A-K 1800-1970; D(u) on pg.410-428 (FHL film 864,216; SLC 6/12/2008; only copied to ca 1899 or early 1900's)
      Name, "Rough Dockt", Will Dockt
      Duncan, Charles, 6-105, G-246
      Duncan, D.D., 8-425, K-607
      Duncan, Emma G., 8-153, K-162
      Duncan, George, 2-131, --
      Duncan, Henry, 3-413, D-392
      Duncan, John, 3-100, D-54
      Duncan, John B., 8-26, I-623
      Dundas (not Duncan), William, A-27, A-323 (MAD: looked at A-323 on FHL film 864,218; name was Dundas, not Duncan, did not copy)
      Dundas (not Duncan), William, 3-377, D-359 (MAD: looked at D-359, 1872, on FHL film 864,219; name was Dundas, not Duncan, did not copy)
      Duncan, William W., 6-234, --

Crawford Co. PA Will Books, Vol.D (FHL film 864,219; SLC 6/13/2008)
      D-54: Will of John Duncan of E. Followfield Tp, Crawford Co. PA, in feeble bodily health; pay debts; to wife Jane all my beds and household furniture, cattle, sheep, money in notes; to son David 5 bushels of wheat; to son William all my real estate of 60 acres where I now live in E. Followfield Tp, rest of stock, farming utensils, etc., personal property etc., he or his heirs to support my wife Jane during her widowhood, and he to pay my son James H. Duncan $1500 three months after my decease and my daughter Martha J. Duncan $300 when she comes of age and cow when she marries. Appoint my son David my exec. Dated 13 Feb. 1868. Wit. James M. McEntire and Joseph Duncan of E. Followfield Tp. Proved 21 March 1868.
      D-359: William Duncan of E. Fallowfield Tp, Crawford Co. PA, being sick and weak in body; all my real estate, houses, lots, personal property, everything, to my wife Amy Duncan. Appoint my wife Amy Duncan and James M. McEntire, both E. Fallowfield Twp., execs. Dated 12 April 1872. Wit. Jesse H. McEntire, Sarah A. McEntire. Proved 12 Sept. 1872.
      D-392: Henry Duncan of E. Followfield Tp, weak and sick; debts be paid and after the article between James Blanyand and myself is fully satisfied, the balance to wife Sarah. Appoint C.H. Lockey my exec. Revoke former wills. Dated 18 June 1870. Wit. William Duncan, Joseph Duncan. Proved 24 March 1873.


Crawford Co. PA Index to deeds 1800-1925; Direct index v.C-D, Du on pg.289, 296, 303, 309, 316, 325, 335, 342, 346, 353, 356, 387 (FHL film 857,356; SLC 6/12/2008; early years faded)
      Duncan, Mathew, to Martin Wingert, B-113, 1801, rec. 1803 Oct. 15, 200a, tract 1341 Troy Twp.
      Duncan, Mary M. to Mary E. Gamble, G4-463, 1874 June 13, lot 75? Adamsville
      Duncan, Mary M. to Susan E. Eddy, T4-102, 1878 Nov. 19, lot Drake St. Titusville
      Duncan, Amy to John Duncan, K4-139, 1875 March 23, 40a E. Fallowfield Twp
      Duncan, Charles to Robert Allen, Z2-518, 1864 May, 30a Beaver Twp.
      Duncan, Charles to Hollis Reed, E3-18, 1865 Feb. 22, 5a Beaver Twp.
      Duncan, David to John G. Harry, H3-613, 1866 Jan. 3, 60+a E. Fallowfield Twp
      Duncan, David to Joseph Duncan, V3-272, 1870 Nov. 2, E. Fallowfield Twp
      Duncan, David to Jno. J. McGranahan, V3-520, 1870, W. Fallowfield Twp
      Quit, others were later
      Duncan, David to Mary M. Duncan, trustee, I4-333, 1874, lot on Drake St., Titusville
      Duncan, David trustee to Martha Duncan, T4-546, 1879, 50a E. Fallowfield Twp.
      Duncombe, Eli to James G. Stewart, L2-282, 1855, 95a Mead Twp.
      Duncombe, Eli to Thomas Braggins, M2-261, 1856, 10a Meade Twp.
      Duncan, gdn. of Henry G. to Thomas P. Seidle, Z4-512, 1881, E. Fallowfield
      Duncan, Jane to Wm. Duncan, James Duncan, et al, B4-105, 1872, release, E. Fallowfield Twp.
      Duncan, Jas. H. to John Duncan, B4-106, 1872, 66a E. Fallowfield Twp
      Duncan, James H. to Amy Duncan, D4-47, 1872, 40a E. Fallowfield Twp
      Duncan, Jas. et al (bankruptcy) assgmt of effects, E4-623-624, 1873, all real estate and property
      Duncan, Ira B. et al to William Henry assignee, E4-624, 1873, all real estate and property
      Duncan, et al, assignee of, to John F. Evans, 1875, M4-18
      Duncan, James H. to Margarette J., George W. Loomis, S4-627
      Duncan, James H. deeds to Jane Duncan, David Duncan, Susan E. Eddy, Martha Duncan, 1878, T4-546
      Duncan, Jane to John Duncan, V4-117, 1879, 13a E. Fallowfield Twps.
      Duncan, John to James Herrington, B-101, 1803 (1805?), 700a
      Duncan, John to Mathew Duncan, C-468, 1809, 700a Bloomfield Twp
      Duncan, John to auditors of Fallowfield Twp., D2-412, 1850-1851, 42-1/4 perches, E. Fallowfield Twp.
      Duncan, John to A.L. Bossard, Y2-55, 1863, 70a E. Fallowfield Twp
      Duncan, John B. to Samuel Q. Brown, Y2-387, 1864, 87a Oil Creek Twp
      Duncan, John to Aaron Unger, B3-149, 1864, 70a E. Fallowfield Twp
      Duncan, John to Joseph Duncan, Q3-331, 1868, 40a E. Fallowfield Twp
      Duncan, John to James H. Duncan, F4-297, 1873, E. Fallowfield Twp
      Duncan, John B. to Eliza Clark, N4-108, 1876, Oil Creek Twp
      Duncan, John B. to others, 1877 & later, not copied
      Duncan, Rebecca H. & sons to Daniel Bemus, V-80, 1841, Rockdale
      Duncan, William to Thos. R. Kennedy, A-10, 1800, 200a
      Duncan, William to Thos. R. Kennedy, A-8, 1800, 700a
      Duncan, William to George Taylor, A-63, 1800, 450a
      Duncan, William to Mathew Duncan, B-111, 1803, 200a Allegh. Co.
      Duncan, William to John and Joseph Stratton, I-179, 1822, 500a
      Duncan, William to Henry Bare, Q-349, 1836, Richmond Twp
      Duncan, William to Ira Deland, M2-544, 1856, (too faint)
      Duncan, William to Joseph Armstrong, D3-232, 1865, Troy Twp
      Duncan, William to James H. Duncan, X3-116, 1874? (1870?), 60a E. Fallowfield Twp
      Duncan, Wm. Butler et al to ---, A4-10, 1870 (not copied)
      Duncan, William to James H. Duncan, D4-46, 1872, E. Fallowfield Twp
      Duncan, William to Henry Duncan, E4-173, 1873, E. Fallowfield Twp

Crawford Co. PA Index to deeds 1800-1925; Indirect index v.D-G, Du on pg.289, 296, 303, 309, 316, 325, 335, 342, 346, 353, 356, 387 (FHL film 857,363; SLC 6/12/2008; early years faded; did not copy Duncan from Duncan)
      Duncan, Charles from David Baker, P2-238, 1857, 200a Beaver Twp.
      Duncan, Chas. from Hollis Reed, 1860-1863, Y2-323, 55a Conneant Twp
      Duncan, David from Matthew McDowell, I3-477, 1865, 117a E. Fallowfield Twp
      Duncan, David from E.A. Oakford, Y3-616, 1871, lot Drake St. Titusville
      Duncan, David from Lucy Weir, Z3-44, 1871, Adamsville
      Duncan, David et al from Samuel Blumm et al, A4-245, 1871, Titusville lot
      Duncan, David from T.H. McMicheal, G4-219, 1874, E. Fallowfield
      Duncombe, Eli from James Frew, I2-220, 1854, Mead Twp
      Duncan, James from Samuel Ecoff, E3-182, 1865, 174a Athens
      Duncan, James from James B. Smith, F3-262, 1865, Bloomfield
      Duncan, John from Rachel Richards, A-415, 1800/1802, Westmoreland Co.
      Duncan, John from Thomas Smith, James McAdoo, et al, T-500, 1838, 100a Fallowfield
      Duncan, John from Joseph P. Cumming Admr., C2-442, 1849/1850, Fallowfield Twp
      Duncan, John from John Reynolds, Q2-124, 1858, 50a Woodroch? Twp
      Duncan, John B. from A. Henidekoper et al, Y2-122, 1863, 87a Oil Creek Twp
      Duncan, John B. from E.G. Fisk, Y3-547, Y3-548, 1871, Oil Creek Twp
      Duncan, Joseph S. from John W. McGinnet, C4-167, 1872, 60a Oil Creek Twp
      Duncan, John B. from Maria L. Bininger, S4-193, 1877, Oil Creek Twp
      Duncan, Mary M. from John Hutton, S3-574, 1869, lot Adamsville
      Duncan, Mary M. from M.A. Calvin & wife, G4-221, 1874, Adamsville
      Duncan, et al, Rebecca H. from R. Alden, I1-201, 1821/1822, 300a Rockdale Twp
      Duncan, William from Jos. Pipers heirs by atty, A1-61, 1800, lot 98, 250a 5th Dist.
      Duncan, William from Edward McManus, Q3-332, 1868, E. Fallowfield Twp
      Duncan, Wm. B. et al trust from Reuben Hitchcock, A4-1, 1871, right of way
      Duncan, et al, William from Samuel Blum et al, A4-245, 1871

Crawford Co. PA Deeds (SLC 6/12/2008)
      A-8: 24 March 1800, William Duncan of city of Philadelphia, broker, and wife Maria, to Thomas R. Kennedy of Allegheny Co., physician, $110, land in Crawford Co. late Allegheny, PA, in 5th Dist. of Donation Lands, 200 acres, granted 30 Sept. 1787 to John Bostwick who assigned on 15 Nov. 1796 to Alexander Fee who with wife Margaret on 3 March 1797 assigned to William Duncan. Wit. R.A. Porter, Henry Huber. (FHL film 864,174)
      A-10: 26 March 1800, William Duncan of city of Philadelphia, broker, to Thomas R. Kennedy, physician, $110, 200 acres in Crawford late Allegheny Co., Patent 24 May 1787 to Andrew Snyder who conveyed 5 May 1796 to John Thomas who deeded 1 June 1796 to William Duncan. Wit. James Flomand, Hannah Dillses. (no wife) (FHL film 864,174)
      A-61: 14 May 1796, Lucinda Piper, Robert Piper, Jane Brookins, Mary Piper, Sarah Piper, all Shippensburgh, Cumberland Co. PA, by William Brookins of same, husband of Jane Brookins, their attorney, and William Piper of Franklin Co. (Robert, Jane Brookins, Mary, Sarah and William being children and only issue of James Piper decd.) for 5 shillings, to William Duncan of City of Philadelphia, merchant, 250 acres, lot 98 in 5th Dist. of Donation Land. (FHL film 864,174)
      A-63: 6 June 1796, Wm. Duncan of City of Philadelphia, merchant, for 5 shillings, to George Taylor of City of Philadelphia, Gent., lot 98 in 5th Dist. of Donation Land for $250. Wit. Edward Robinson, Andw. Epple. (FHL film 864,174)
      A-415: 11th day twelfth month 1800, Rachel Richards of Northern Liberties of City of Philadelphia, widow and only surv. extrx of will dated 11 Oct. 1793 of Daniel Richards late of said Liberties, Lumber merchant, decd, to John Duncan of City of Philadelphia, merchant; will appointed wife and friends John Biddle, Richard Whitehead, Nathan Sheppard and Samuel Clark execs; Nathan Sheppard is since dead, the others renounced; now Rachel Richards sell for 20 lbs to John Duncan, 11 tracts in Westmoreland now Alleghany Co. PA:
            Lot 1509 in 7th Dist. of 200 acres patented 26 Dec. 1786 to John Peter Blonden who deeded 2 Jan. 1787 to Daniel Richards.
            Lot 2162 in 10th Dist., 200 acres, patented to James Doran.
            Lot 372 in 2nd Dist., 200 acres patented to Christian Kuhn.
            Lot 1417 in 7th Dist., 200 acres, patented to James Hudson
            Lot 1027 in 5th Dist., patented to Michael McDonnell
            Lot 1410 in 7th Dist. patented to John McGuire
            Lot 77 in 4th Dist. patented to James Moore
            Lot 1859 in 2nd Dist. patented to Jesse Moore
            Lot 739 in 4th Dist. patented to Daniel Richards
            Lot 99 in 1st Dist. patented to Daniel Richards
            Lot 1939 in 2nd Dist. patented to Daniel Richards (FHL film 864,174)
      B-101: 3 Oct. 1803, John Duncan of City of Philadelphia, trader, to James Herrington, Esq. of Crawford Co. PA, farmer, $600, 200 acres in 5th Dist., numbered MXXVII (MAD: 1027) (etc.) Recorded in Book A, pg.415. (no wife) Wit. Thomas Robb, John (X) Penrod. (FHL film 864,175)
      B-111: 23 March 1801, William Duncan and wife Maria of City of Philadelphia to Matthew Duncan, farmer of Franklin Co. PA, 50 lbs, 200 acres in Allegheny Co., lot MCCCXLI (MAD: 1341) granted 2 May 1787 to Elijah Hunt who 1 Dec. 1787 conveyed to William Bonham who on 18 April 1796 conveyed to Aaron Vanclave who 23 July 1796 conveyed to James Trimble who 17 March 1797 assigned to William Duncan; now they convey to Matthew Duncan. Wit. Wm. D. Nicholson, J.H. (Jno?.) Duncan. Affidavit in Franklin Co. PA, John Duncan appeared and said he saw the signing of William Duncan Nicholson as a witness. (FHL film 864,175)
      B-113: 20 April 1803, Matthew Duncan of Green Twp., Franklin Co. PA, gentleman, and wife Elizabeth, to Martin Wingert of same, for 93 lbs, patent 2 May 1787 to Elijah Hunt of land in Westmoreland now Crawford Co. in 7th Dist., lot #1341 ... granted by James Trimble and wife Clarissa 6 March 1897 to William Duncan who with wife Maria deeded 23 March 1801 to Matthew Duncan. /s/ Mattw. Duncan, Eliza Duncan. Wit. J. Brotherton, James Orbison. (FHL film 864,175)
      C-468: 7 March 1801, John Duncan of City of Philadelphia, merchant, to Mathew Duncan, farmer of county of Franklin, PA, for 50 lbs, land in 8th Dist. Westmoreland Co. PA, grant to Mary Busby, MDCXCIII?. No wife. Wit. Wm. D. Nicholson, Arabella "Ducan." (FHL film 864,175)
      I-179: 23 Nov. 1821, William Duncan of Philadelphia, merchant, and wife Sarah to John R. Shatton and Joseph G. Shatten, both of Newbern in Glencastle? Co. on ?? of New Jersey, $6,500?, land formerly in Westmoreland in the County of Allegheny and now in Crawford Co., 8th District, lot #14. Wit. Samuel Biddle, William Moulder. (FHL film 864,177)
      I-201: 29 Aug. 1822, Roger Alden of Meadville for $25 paid, ...(sell to?) James S. Espy & Rebecca A. Duncan of Franklin Co., administrators of the estate of Calerdan Duncan decd ... sell my right to lot No.71 containing 200? acres more or less ... H. Duncan admin. /s/ R. Alden. Wit. John Brooks, N?. T. Simpson. Roger Alden appeared before John Brooks in Crawford Co. PA 29 Aug. 1822. Recorded August 29, 1822. (FHL film 864,177; SLC 6/12/2008, rechecked 9/27/2011)
      V-80/81: 10 July 1837, Rebecca Duncan and her two sons Thomas and Benjamin S. Duncan, widow and only surviving heirs of Robert C. Duncan of Dauphin Co., to Doctor Daniel Bernus? (Bemus?) of Crawford Co.; that said Rebecca H., Thomas and Benjamin Duncan sold for $1,000 paid by Danl. Bemus, land in 9th? Dist. in Crawford Co., 300 acres, title in Robert C. Duncan Esq. but sold for taxes previous to 1819 to ... then to Roger Alden Esq., by him on 29 Aug. 1822 to James S. Espy and Rebecca H. Duncan administrators of Robert C. Duncan in trust for the heirs of said R.C. Duncan, who sell to Doctor Daniel Bamens?. Wit. Archd. Brine?, ? Alleman. R.H., Thos. & Benjamin S. Duncan appeared in Dauphin Co. 19 Aug. 1837. Recorded April 5, 1841. (FHL film 864,184; SLC 6/12/2008; rechecked 9/27/2011)
      B4-105: Release. 22 Feb. 1871, Jane Duncan of East Fallowfield Twp, Crawford Co. PA, relict of John Duncan late of same place, for $1500 paid by her son John Duncan of same, she discharges her sons William and James Duncan who are held by bond to fulfill the will of John Duncan decd., and for love to her sons, release to her sons William and James Duncan her dower thirds to the parcels left by will of her husband John Duncan. Wit. James M. McEntire JP, Sarah A. McEntire. (FHL film 1,317,194)
      B4-106: Deed. 22 Feb. 1871, James H. Duncan and wife Margaret of E. Fallowfield Twp., Crawford Co. PA, to John Duncan of same, for $2,000, the parcel in E. Fallowfield Twp. adj. land of William Duncan, Sarah Smith, Mary McAdoo, 66 acres, part of larger tract conveyed to John Duncan by Thomas Smith and James McAdoo, recorded Book T pg.500-501, descended to James H. Duncan by William Duncan, to William Duncan by will of John Duncan decd, rec. April 1868. Wit. James M. McEntire, Sarah A. McEntire. (FHL film 1,317,194)

Crawford Co. PA Index to mortgages, 1800-1925; Mortgage index v.D-F (FHL film 864,208; SLC 6/12/2008)
      Mortgagee; mortgagor; book-page, amount
      Duncan, Alice M. (adm of); John F. Sparber; 85-217, $200
      Duncan, Byron B.; Horace S. Duncan; 128-39, $2500
      Duncomb, Eli; J.G. Stewart; G-568
      Duncan, Emma E.; William Thompson; E2-3, Assign.
      Duncan, Louway G. (mtgr); FL Ryan Trustee (mtge); 100-174, Dec. 19, 1918


"The Federal Cases, comprising cases argued and determined in the circuit and district courts of the United States from the earliest times to the beginning of the Federal Reporter, arranged alphabetically by the titles of the cases and numbered consecutively" Cases 14,692 to 15,243, U.S. v. Burr - U.S. v. Grace Meade; Vol.25, pgs. 937-938 (California State Law Library 12/2003)
      (MAD: Joseph Shoemaker indexed in 1850 Meade and Sadsbury Twp., Crawford Co. PA; Alexander McGregor indexed in 1850 West Fallowfield Twp., Crawford Co. PA; Robert Duncan not identified)
      UNITED STATES v. DUNCAN; Case No. 15,004; District Court, W.D. Pennsylvania; 25 F. Cas. 937, 2 Pittsb. Rep. 328, 4 West. Law Month. 425, 10 Pittsb. Leg. J. 41; 1863.
      McCANDLESS, District Judge. A true bill was found at the May sessions, 1861, against Joseph Shoemaker, for making and passing counterfeit coin, in the resemblance and similitude of the coin coined by the mint of the United States. On the 5th day of August, 1861, the defendant, Robert Duncan, and Alexander McGregor, entered into recognisance for the appearance of Shoemaker at the following October sessions. He failed to appear, and the recognisance was forfeited. On the 26th of October, a sci. fa. was sued out, and served on Duncan the same day. No appearance or plea being entered, judgment nil dicit was entered, and the sum liquidated by the clerk at $3,000.
      Duncan took out a bail piece, and dispatched a deputy marshal to the camp at Indianapolis, where it was alleged Shoemaker was engaged in the public service. As the military there was more potent than the civil power, the deputy failed to arrest him; but at a subsequent period, and after the date of the judgment, he was captured in this city and committed to prison by his bail, where he now remains in the custody of the United States marshal. An application is now made to relieve Duncan, one of the bail, under the authority delegated to the court, by the act of congress of 28th February, 1839, Sec. 6 [5 Stat. 321]. Brightly, 283. This act provides, that "whenever it shall appear to the court, that there has been no wilful default of the parties, and that a trial can notwithstanding be had in the cause, and that public justice does not otherwise require the same penalty to be exacted or enforced," the court shall have authority in their discretion to remit the whole or a part of the penalty. If the wilful default here mentioned, was applicable to the act of the prisoner alone, the law would fail to extend relief to meritorious sureties, who, trusting in the integrity of the principal, were found in default, without any act or connivance on their part. The true construction of the act would seem to be, that where there is no collusion with the principal, no aid extended him to escape, or no effort made to defeat the ends of public justice, the court shall have power, in their discretion, to relieve the surety from the penalty of the recognisance. Here it appears that Duncan, instead of conniving at the absence of the principal, made every effort to arrest him, and finally succeeding in placing him in the custody of the United States officers. "A trial can be had" in his case; and, although it is alleged on the part of the government, that owing to the absence of material witnesses, it may not be a successful one for the prosecution, yet the bail does comply with the spirit of his undertaking, in placing the prisoner at the bar for trial. The absence of the witnesses on the part of the government is no default of his, but is one of the casualties to which all suits in courts of justice are subject. It is one of the chances which enure to the benefit of criminals, and one of the misfortunes incident to all public trials.
      In the examination of the case, the court has entertained some doubt as to its power to extend this relief after judgment, after it has become a debt of record against the defendant, and in favor of the United States. This power was exercised by the common law courts in England, and statutes were passed extending it, but they were all held to have been simply in affirmance of the common law. In 18 Vin. Abr. tit. "Recognisance," letter D, 167, 168, it is said, "If a recognisance is estreated into the exchequer, because not punctually complied with, yet if the party appears, and takes trial at the next session, he may compound for a very small matter in the court of exchequer, because the effect, though not the exact form of the recognisance is complied with; judges of the oyer and terminer are the proper judges, whether recognisances should be estreated or spared; and it is for the advantage of public justice that they should have such power, if upon the circumstances of the case they see fit." This shows the power exercised before judgment, in the sound discretion of the court. In England, the recognisance was estreated and sued in a different tribunal from that in which it was taken, and an interference after judgment might bring about a conflict of jurisdiction. But in the courts of the United States, the suit is brought in the same forum and subject to the same judicial cognisance. The court has not lost control over its record, and it may extend relief when a proper case is presented for its action. The opinion of Mr. Chief Justice Marshall, in U.S. v. Feely [Case No. 15,082], was delivered in 1813, before the passage of the act of congress heretofore recited, and was an application for relief before the recognisance was estreated, and before judgment, but the whole reasoning of that great chief justice sanctions the exercise of the power as well after as before judgment. In the case of Com. v. Denniston, 9 Watts, 142, the principal is recognised, that a recognisance is a matter of record, and when forfeited, it is in the nature of a judgment of record, and when judgment is given, the whole is taken as one record. The right of the governor, therefore, to remit, cannot be affected by proceeding to judgment on the recognisance, as the nature of the recognisance remains the same, after as before judgment. This being the case the act of congress affords us ample power in the exercise of a sound discretion to afford the relief prayed for. And as we are of opinion that the absence of the principal was no fault of the bail, and that he has done all in his power to repair the public injury by the surrender of the prisoner, he is entitled to the interposition of the court upon payment of costs.
      The judgment is set aside as to Duncan, and the recognisance as to him, respited and spared upon payment of all the costs which have accrued upon the scire facias.


Mercer Co. PA Deeds (SLC 6/2/2011)
      A1-475/476: 15 May 1805, Jno. Duncan of City of Philadelphia, PA, to John Robinson of Mercer Co. PA, that by patent 18 Sept. 1787 confirmed to James Moore a Serjent in the late Armey of US a tract of land in the fourth district of Donation lands beg. at a post the numbered corner, then by lot No.75, by lot No.73, by lot No.494?, by lot No.78, to the beginning, containig 250 acres, numbered LXXVII, and the said James Moore endorsed on the back of the patent 20 Sept. 1787 conveyed the same to Daniel Richards, Lumber merchant of City of Philladelphia who by will dated 11 Oct. 1793 appointed his wife Rachel Richards and his friends Jno. Biddle, Richard Whitehead, Nathan Sheppard, and Samuel Clark Executors and authorized them to sell all or any of his land, and the said John Biddle, Richard Whitehead and Samuel Clark renounced their executorship, the same devolved on Rachel Richard and Nathan Sheppard, and said Nathan Shepard is since dead, so the said Rachel Richards became the sole executrix, and said Rachel Richards 11 Dec. 1800 conveyed among others the above tract to the within named Jno. Duncan, recorded Deed Book A, pg.272 in Crawford Co. and also pg.415 and Book L pg.429 in Allegheany (sic); NOW John Duncan for $462 paid, sell to John Robinson my interest, etc., to the above tract of land together with appurtenances, warrant title. /s/ Jno. Duncan. Wit. Jno. C. Stewart, Jas. Semple. John Duncan appeared 15 May 1805 before Jno. C. Stewart, JP of Mercer Co. Recorded Oct. 12, 1805. (FHL Film 889,516; SLC 6/2/2011)
      M1-263/264: 16 April 1827, William Duncan of City of Philadelphia, merchant, appoint my brother James Duncan of Mercer Co. PA, merchant, my attorney to sell all my lands in the counties of Beaver, Mercer, Venango, Crawford and Erie in PA and make deeds. /s/ Wm. Duncan. Wit. James Alreck, Hamilton Alrick. Dauphin Co., Wm. Duncan appeared before James Ulrick, JP, 16 April 1827. Recorded April 18, 1834. (FHL Film 889,521; SLC 6/2/2011)

HISTORIES before 1923

1895 "Biographical and Portrait Cyclopedia of Monongalia, Marion and Taylor Cos. WV" by Rush, West & Co. (Los Angeles Public Library book R975.4 B615)
      Monongalia Co., Pg.138: CHARLES H. DUNCAN, a veteran of the Civil War, and a prosperous and well-to-do farmer of Clinton district, this county, was born at West Liberty, Ohio Co. WV, September 6, 1831, a son of James and Nancy (Smith) Duncan. He is of Irish origin, his grandfather, Charles Duncan, having emigrated from the "Emerald Isle" at an early period, and located first in Meadville [Crawford Co.], PA, and later at Cannonsburg, Washington Co., in the same state, where he died. James Duncan was born in Meadville in the year 1800, and grew to manhood in his native town and then went to Cannonsburg, where he learned the trade of wagonmaker, and soon afterwards settled at West Liberty, Ohio Co. WV, where he followed his trade until death ended his labors in 1887. ... He was twice married, first to a Miss Van Meter, and had two children; the first died in early life, and the second, Mary, was twice married, and is now also deceased. James Duncan married as his second wife, Nancy Smith, and they became the parents of nine children: John, deceased; Charles H., subject; Elizabeth, of Dunbar, PA, and James, Augustus, Theodore and James, all deceased; Ross, a mould sawyer of Allegheny City, PA, and Sallie, the wife of Charles Kimball of Dunbar, PA.

"Portrait and biographical album of Henry County, Illinois : containing full-page portraits and biographical sketches of prominent and representative citizens of the county, together with portraits and biographies of all the governors of Illinois, and of the presidents of the United States : also containing a history of the county, from its earliest settlement to the present time." (anonymous); pub. Chicago: Biographical Pub. Co., 1885, 837 pgs. (LH10355, HeritageQuest images 4/2007; FHL film 934,986 item 3)
      Pg.243-244: JAMES DUNCAN, of Geneseo, came to Henry County in 1838, and has been a resident of the State since 1837. He has been prominent in the development of the resources of the county from the beginning of his active and independent management of his own affairs, and is at present the senior partner of the firm of Duncan & White, hardware merchants, and of the business house of Duncan & Martin.
            He was born March 1, 1827, in Erie Co. Pa., and is the son of William and Mary (Thomas) Duncan. His father was of unmixed Scotch origin, his ancestors having been among the dissenters from the Scottish "Kirk," who left their native land in 1619 to escape the persecutions of King James. They encountered difficulties there which were scarcely less perplexing and quite as hard to bear. From the latter fact the purity of the race known as Scotch-Irish was retained throughout a period of exactly 100 years. In 1719 the emigration of their descendants to the United States commenced, and from the settlement of Dunbarton, N.H., they have scattered to all parts of this land, and everywhere form one of the best elements .... The father of Mr. Duncan was the son of a pioneer of the State of Pennsylvania, and there several of their children were born, among them their son William. The Thomas family, to which the mother belonged, was of English extraction, and were pioneers of the Dominion of Canada. Her father's family went to the State of New York just prior to her birth, and she was born in the Empire State.
            The parents removed to Crawford Co., Pa., when their son was seven years old, and in the spring of 1837 they came to Illinois. They lived a year in Knoxville, and in the spring of the following year they made a final transfer of their affairs and interests to Henry County, where they arrived April 15th. The father became a farmer in the Township of Phenix, and the children were there reared to maturity.
            The first event of marked importance in the life of Mr. Duncan, of this sketch, was his marriage to Sarah C. Browning, of Phenix, April 10, 1855. Mrs. Duncan is the daughter of Joshua Browning, and she is a native of Phenix Township, in Henry County. Mr. Duncan continued the business in which he had been reared after his marriage until the spring of 1865. That was the date of his removal to Geneseo, where he has since resided continuously. ... In 1870, he entered into a partnership with E.M. Way, ... the style of Way & Duncan, which was in operation until 1880. Mr. Duncan bought the claim of his partner, and within the same year formed an association with Charles H. Martin ... In 1882 the hardware house of Duncan & White was established ...
            In 1850 Mr. Duncan went to California. He set out for that distant region on the 1st day of March, traveling across the plains. He passed nearly three years in the Golden Gate, and was engaged in mining at various points. He returned by way of the Isthmus to New York. .... Mr. Duncan is a Republican in political faith and connections, and both himself and his wife are members of the Methodist Episcopal Church.


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