Duncan research files of
1810 Erie Co. PA Census Pg.124 James Duncan 01201 - 11101 Erie 125 Jonas Duncan 00010 - 10100 Erie 128 James Duncan 42010 - 10010 (page filmed twice) 1820 Erie Co. PA Census Pg.156 Samuel Duncan 100101 - 00100 Erie one name Jonas Duncan 000010 - 01000 157 James Duncan 100011 - 00230 160 James Duncan 211401 - 31010 North East 1830 Erie Co. PA Census Pg.244 James Duncan 0100,0001 - 0001,1 Erie 249 Jonas Duncan 0010,0001 - 0000,01 251 Samuel Duncan 0210,01 - 2000,1 Mill Creek 252 Andrew Duncan 2000,1 - 1000,1 273 William Duncan 1100,01 - 1000,1 North East James Duncan 0001,2001 - 0012,1001 (James next to William) 1840 Erie Co. PA Census Pg. 69 James Duncan 0011,001 - 1102,0021 Erie 114 Jos. G/J?. Duncan 1111,01 - 1011,1 Girard 162 James? Duncan 0001,1000,1 - 0001,2000,1 N.East
1850 Erie Co. PA Census
Pg.105, #305, Wesleyville House (in margin)
John J. DUNCAN 30 PA hotel keeper $1000
Elizabeth 26 NY
Frances (f) 4 PA
Maria 17 "Ia" (MAD: ? Indiana?)
Pg.119, #63, Alexander DUNCAN 46 PA farmer $2500
Elizabeth 30 ENG
Nancy 7, Elizabeth 3 PA
Robert 7/12 PA
James 78 IRE none
(MAD: 1860 Whiteside Co. IL census)
Pg.119, #65, Archibald DUNCAN 37 PA farmer $4320
Elizabeth WHITTELY 38 PA
Margaret 14 OH
Robert 11 KY
France 5 OH
West Ward Erie
Pg.237, #814, Margaret KENNEDY 35 IRE $400
John 11 IRE
Margaret 8, Martha 6 PA
Eliza DUNCAN 21 PA
Pg.241, #895, Elija BABBIT 54 IRE attorney
Caroline 45 PA
children 20 to 1/12 b. PA
Leticia DUNCAN 45 PA
Mary "----" 25 IRE
Pg.245, #953, James DUNCAN 55 PA boatman $400
Elizabeth 52 NH
Elizabeth A. 13, Henry C. 2 PA
(MAD: Elizabeth in 1860 Grundy Co. IA census)
Pg.269, #196-216, Alexander DUNCAN 50 IRE farmer $3000
Nancy 51 IRE
William 22, Elizabeth 20 PA
James 19, Andrew 18 PA
Martha 16, Margaret 14 PA
Mary 10, Julia 8 PA
Jane 8, Francis (m) 4 PA
(MAD: definitely "Alexander" age 50, and "Francis" age 4)
Pg.286, #475, Henry DUNCAN 24 PA laborer
w/George GORDON fam.
Pg.291, #554, Jeremiah DUNCAN? 12 IRE in poorhouse
Pg.297, #74, David DUNCAN 44 NY farmer $600
Matilda 26 NY
W.H. (m) 9, M.M. (f) 7 CAN
C.W. (m) 5 CAN
Adelia 4, Ellen G. 1 PA
1860 Erie Co. PA Census
Pg.22, #1427-172, Almona DUNCOMB (m) 53 NY (blank) $3500-$600
Francis (f) 52 NY
Charles 27 NY laborer
Francis (f) 3 NY
Pg.22, #1431-175, D.C. DUNCOMB (m) 31 NY farmer $6000-$1000
Mary 28 PA
Kate 7, Caroline 3 PA
Ella 2 PA
Pg.22, #1432-176, Eli DUNCOMB 56 NY farmer $6000-$1000
Salina (f) 56 NY
William 22 PA laborer
Charles 18 PA
Alvira PERKINS (f) 14 PA
Leroy 13 PA
East Ward Erie
Pg.301, #1127-1141, John J. DUNCAN 40 PA landlord $400-$300
Elizabeth 36 NY
Isebella 13 PA
and 12 others
Pg.403-4, #376-402, James DUNCON 29 PA F(armer) $2500-$588
Wm. STEEL 18 GER lab.
Mary E. DUNCON 20 PA
Lilly A. 3 PA
Pg.425, #557-585, Wm. DUNCAN 33 PA farmer $3000-$953
Margret 30 IRE
Laticsia (f) 3, Andrew 2 PA
Leticsia McMUREY (f) 65 IRE
Thomas PATENT 28 IRE
Mill Creek Twp.
Pg.799, #2082-2173, Andrew DUNCAN 60 IRE farmer? $8000-$1800
Nancy 60 IRE
Andrew 26 PA taylor
Martha (f) 23 PA
July A. (f) 19 PA
Nancy J. 15 PA
Francis E. (m) 13 PA
Jno. RODGERS 19 PA laborer
Pg.899, #353-369, James DUNCAN 91 "Irish" farmer $0-$0
Archable (m) 40 PA (blank) $9600-$1000
Mary 40 NY
James 31 PA
Sefroney PHILIPS (f) 28 PA
Jasper 21 PA farm laborer
Pg.1063, #999-42, James MURCUS? 29 NY farmer $1200-$300
Abigail 32 NY
Alford 7 PA
(MAD: indexed James Duncan; not Duncan)
Pg.1073, #1086-124, Chas. H. DUNCOMB 22 PA farmer $25,000-$500
Ellen 22 NY
Geo. H. 1 PA
Pg.1187, #2160-2151, David KINNAREM? 57 PA miller $0-$400
Anna 52 OH
Martha 14 OH
David 12, Candace (f) 10 OH
Henry DUNCAN 18 PA millers appr.
1870 Erie Co. PA Census
Pg.111, #17-17, EVERSON, W.T. (m) 43 NY farmer $2000-$800
Phoebe J. 36 PA keeping house
Willie (m) 6 PA
C.S. (f) 5/12 PA (month of birth blank)
DUNCOMB, John F. 4 PA
HALL, Mary E. 15 PA domestic servant
BARTER, George W. 17 PA works on farm
Pg.119-120, #155-155, UNDERWOOD, H.D. (m) 34 NY laborer $0-$100
Rhoda 24 PA keeping house
Mary 13 NY at home
Newell (m) 11 PA
Akey (f) 9 OH
DUNCOMB, William 65 PA farmer $2000-$800
Pg.122, #186-186, DUNCOMB, A. (m) 63 NY farmer $8000-$1370
Frances E. (f) 61 NY keeping house
Charles E. 35 PA farmer
Carrie W. (f) 25 NY teaching school
DeGROODT, C.W. (m) 13 NY works on farm
Corry, Ward 1
Pg.186, #276-270, Boarding house, including
DUNCAN, Thomas 26 ENG carpenter, parents of foreign birth
City of Erie, Ward 2
Pg.338, #264-294, DELLES, Peter 44 FRAnce at home $0-$0, parents of foreign birth
"boarding house" written in margin
and family and others, including
DUNCAN, Chas. 29 MD machinist $0-$0, father of foreign birth
City of Erie, Ward 4
Pg.46, #693-732, DUNCAN, Elizabeth A. 46 NY keeping house $1500-$800
"boarding house" written in margin
and many other individuals
Pg.114-115, #255-250, DUNCAN, James 40 PA farmer $6000-$1000, parents of foreign birth
Mollie 27 PA keeps house
Lillie (f) 11 PA at school
CLOTH, Henry 22 PA farm laborer
Pg.119, #324-319, DUNCAN, Wm. 43 PA farmer $6000-$1200, parents of foreign birth
Margrett 40 IRE keeps house, parents of foreign birth
Luthera (f) 19 PA at home, mother of foreign birth
Wm. T. 6 PA at school, mother of foreign birth
McMENRY?, L. (f) 76 IRE, parents of foreign birth
Mill Creek Twp.
Pg.315, #491-505, DUNCAN, Andy 78 IRE farmer $15,000-$2,530, parents of foreign birth
Nancy 75 IRE keeps house, parents of foreign birth
Francis (m) 22 PA farmer, parents of foreign birth
(MAD: Andy and Nancy indexed as age 70, but I think ages 78 and 75; however they age 60 in 1860)
Pg.329, #173-167, DUNCAN, A. (m) 59 PA retd. farmer $33,000-$3,000
PHILLIPS?, James 31 PA farmer agt. $0-$3000
Louisa 20 NY keeping house
HHIEINE??, Henry 22 BADen farm laborer $0-$0
Pg.434, #27-26, DUNCOMBE, F.B. (m) 63 NY farmer $8400-$2500
C.L. (f) 60 NY keeping house
Pg.435, #41-39, DUNCOMBE, Chas. 32 PA farmer agt. $0-$1000
Eunice (f) 32 NY keeping house
George 12, Morris (m) 5 PA
Wattsburgh Twp.; indexed Wattsburgh Borough
Pg.453, #57-54, DUNCOMBE, Eli 63 NY retd. farmer $3000-$1000
Selina (f) 60 NY keeping house
Pg.453, #59-56, CUSHING, Hugh 56 MA "cabinett" maker $1000-$950
Matilda 50 NY keeping house
DUNCOMBE, Earnestine (f) 6 PA
Pg.464, #173-172, DUNCAN, James 26 CANada farmer $1800-$300, parents of foreign birth
Elisabeth 31 PA keeps house, parents of foreign birth
Bell M. (f) 2 PA, father of foreign birth
Charles 1/12 PA b.May, father of foreign birth
GAY, Nancy 29 CANada, parents of foreign birth
Erie Co. PA Estate index 1823-1971, v.C-F (FHL film 863,920; SLC 6/12/2008)
Did not copy Duncombe; same paging as deeds
File, name, residence, date of death, personal rep., proceeding, index (vol-pg-blk)
#1366, Duncan, Andrew, Millcrk Twp, Oct. 21, 1877, Christian Shenk exr, 1-170-8
#1365, Duncan, Anor M., New York, (blank), John C. & John C. Duncan Jr. exrs, 1-170-7
#1381, Duncan, George, minor, (blank), Myron Goodwin gdn, 1-172-4
#1371, Duncan, James (Sr.), (blank), (blank), John A. Tracy & John H. Walker exrs, 1-171-3
#1372, Duncan, James, No Ea, (blank), John Duncan exr, 1-171-4
#1373, Duncan, James, Fairv. Tp, Mar. 12, 1882, Francis Duncan or Duncom admr, 1-171-5
#1381, Duncan, Letitia, minor, Myron Goodwin gdn, 1-172-6
#1381, Duncan, Maria, minor, Myron Goodwin gdn, 1-172-5
#1385, Duncan, Mary, minor, H.R. Vincent gdn, 1-172-10
#1379, Duncan, Samuel, --, --, Johnson Laird admr, 1-172-2
#1380, Duncan, William, Apr. 30, 1877, --, Permelia Duncan exrx, 1-172-3
Erie Co. PA Estate Index v.1-2, 1823-1958 (FHL film 894,222; SLC 2/2009)
MAD: OC= Orphans' Court book-page; Rg= Registers dockets book-page
Pg.172. File 1379, Duncan, Samuel, Johnson Laird admr.; account; docket OC Vol.1 page 210, 3 Aug. 1839
File 1381, Minor - Duncan, George, Myron Goodwin gdn; gdn. appt. docket OC 1-196, 1 May 1839
File 1381, Minor - Duncan, Maria, Myron Goodwin gdn; gdn. appt. docket OC 1-196, 1 May 1839
File 1381, Minor - Duncan, Letitia, Myron Goodwin gdn; gdn. appt. docket OC 1-196, 1 May 1839
(others were later)
Pg.171: File 1372, Duncan, James, Res. N.E., John Duncan Exr, Reg.Dkt Rg A-569; Will & Bond WB C-361 1861, Account OC 6-163 11 May 1863
File 1371, Duncan, James (Sr.), John A. Tracy and John H. Walker Exrs, Reg.Dkt Rg A-17; Will WB A-212, 8/1840. (MAD: will dated Feb. 23, 1839, of Boro of Erie, reg. May 11, 1840; wife Samantha Duncan, son James, son John Joseph Miller Duncan, daughter Leticia Duncan, daughter Jane intermarried with Ira Allen; wit. Thomas Stewart, John H. Walker; from "Abstract of first book of Wills, Erie Co. PA" by Mary Knight Crane)
Erie Co. PA Orphans' Court; Court dockets v.1-2 1822-1849 (FHL film 863,929; SLC 6/12/2008)
Go to the Erie Co. PA Land Records
"Reports of cases argued and determined in the Supreme court of Pennsylvania from July to September 1840" by Frederick Watts; 2nd edition; ("Watts") Vol.10 pgs.212 to 217 (California State Law Library, Sacramento, 1/2004)
DUNCAN against M'CUMBER; Supreme Court of Pennsylvania, Western District, Pittsburgh; 10 Watts 212; September, 1840, Decided.
Error to the common pleas of Erie county.
This was an action of trespass de bonis asportatis, brought by Solomon M'Cumber, the defendant in error, against James Duncan, plaintiff in error. The goods in question were part of the personal estate of Moses Fellows at the time of his decease; and as such were thereupon taken into possession by Rebecca Fellows, his executrix and widow. Upon a judgment obtained against her, as the executrix of Moses Fellows, in favour of James Duncan, the plaintiff in error, in the common pleas of Erie county, a writ of fieri facias was sued out to May term 1839, directed to the sheriff of Erie county, and delivered to him to be executed on the 27th day of March, 1839, in the borough of Erie: at which place, it seems, that the sheriff, without going to the residence of Rebecca Fellows about fourteen miles from the borough, where the goods then were, endorsed a seizure of them upon the back of the writ, without seeing them, or having them in his power; and without attempting to take the possession of them, until twenty days or more afterwards, when, in the mean while, they had come into the hands and possession of the defendant in error, as a purchaser thereof at constable's sale, made under the following circumstances: On the first of April, 1839, an execution was issued by Thomas Greenwood, a justice of the peace of Erie county, against Rebecca Fellows, in her own right, as it would appear by the execution, at the suit of Ezra Thompson, for 70 dollars and 79 cents, besides costs of suit: also, on the next day, another execution was issued by P. Wells, another justice of the peace of Erie county, against Rebecca Fellows, as executrix of Moses Fellows, deceased, at the suit of Timothy J. Newton, for a debt of 6 dollars and 20 cents, besides 82 cents costs; both of these executions were directed to the constable of Harborcreek township in Erie county, whose name, as it appears, was G. W. Walker; having them in his hands on the 2d day of April, 1839; he, by virtue thereof, actually took the goods from the possession of Rebecca Fellows where he found them, and in the course of ten or twelve days afterwards, sold them public auction to the defendant in error, after giving due notice thereof. The goods, upon the defendant in error's paying for them, were accordingly delivered by the constable to him; from whom the plaintiff in error, in company with the deputy sheriff, afterwards, but before the return-day of the fieri facias, took the goods by virtue thereof.
Upon the trial of the cause below, after the evidence was given to the jury, the counsel of the defendant requested the court to charge the jury,
1st, That the execution in favour of James Duncan and against Rebecca Fellows, executrix of Moses Fellows, deceased, bound the personal property of the deceased, from the delivery of the same to the sheriff.
2d, That the levy and sale of the goods by the constable, Walker, upon an execution issued by a justice, and received by the constable after the lien of the fieri facias in the sheriff's hands had attached, did not release the goods from the sheriff's levy and lien; and that notwithstanding the action of the constable, the sheriff was justified in taking and selling the goods upon the fieri facias in his hands.
3d, That the execution in the constable's hands, being against Rebecca Fellows for her individual debt, the constable could not levy upon and sell the goods late of Moses Fellows, deceased, in her possession as executrix, so as to release them from the previous lien of the fieri facias, in favour of James Duncan against Rebecca Fellows, as the executrix of Moses Fellows, deceased.
The court in their charge to the jury considered the defendant's first proposition to be correct in general; but denied his second, unless the purchaser at the constable's sale had full notice of the sheriff's claim to the goods under the fieri facias, and his endorsement thereon of having levied on the same; whether he had such notice or not, the court left as a question of fact to the jury to be decided by them. The defendant's third proposition, the court answered in the negative. The counsel of the defendant below excepted to the answers and charge of the court on his second and third propositions; which have been assigned for error.
COUNSEL: Walker and Galbreath, for the plaintiff in error, ... Randall, for defendant in error ...
The opinion of the court was delivered by KENNEDY, J. -- At common law, in England, the writ of fieri facias bound the defendant's goods from its teste, so that a sale of the goods made thereafter by the defendant, though bona fide, might have been avoided by a seizure of the goods under the writ at any time before it became returnable. It was no doubt presumed, when such writ was awarded, that it would not only be issued, but would be immediately put into the hands of the sheriff, and be by him executed. This, however, was not always the case. On the contrary, the notion of the goods being retrospectively bound from the teste of the writ, was frequently abused by taking out writs of fieri facias, one after the other, without ever delivering them to the sheriff, whereby the goods of the defendants therein named became bound, which consequently made the sales thereof by the defendants, and all commerce in regard to them, somewhat uncertain. To prevent this, as Chief Baron Gilbert observes, Gilb. on Executions 14, it was enacted, among other things, by the statute of frauds, "that no writ of fieri facias, or other writ of execution, shall bind the property of goods, against whom such writ of execution shall be sued forth, but from the time that such writ shall be delivered to the sheriff, under sheriff, or coroners, to be executed; and for the better manifestation of the said time, the sheriff, under sheriff, and coroners, their deputies and agents, shall, upon the receipt of any such writ, (without fee for doing the same,) endorse upon the back thereof, of, the day of the month, or year, whereon he or they received the same." But neither before nor since the passage of this statute, is the property of the goods altered by the mere delivery of the writ to the sheriff, but continues, notwithstanding, in the defendant, till the execution thereof. The meaning of these words, "that the goods shall be bound from the delivery of the writ to the sheriff," is, that after the writ is so delivered, if the defendant makes an assignment of his goods, unless in market overt, the sheriff may take them in execution. This statute, however, only protects goods in the hands of purchasers or strangers, where the goods are sold bona fide; for if the party die after the teste, but before the delivery of the writ to the sheriff, the goods are bound in the hands of his executors or administrators; for this is not a change of property by sale, or for a valuable consideration; so that in this respect the law is still the same that it was before the statute, which was made for the benefit of strangers, who might have acquired a title to the goods between the teste of the writ of execution, and the time of the delivery thereof to the sheriff, and not for the benefit of the party, or his executors or administrators. That the principle of the common law of England, in regard to the goods of a defendant, in an execution, being bound thereby from its teste, was introduced into and adopted in Pennsylvania, upon its first settlement as a province, is evidenced very clearly by our act of assembly, passed for the prevention of frauds and perjuries, in 1772. The fourth section of this act is an exact transcript of the sixteenth section of 29 Car. 2, c. 3, already recited, with the exception of the words "of the person," which appear to have been omitted in the English statute, evidently from oversight. Had not the rule of the common law of England on this subject been in force here, the passage of our act would have been wholly unnecessary. But being in force here, and the like evils experienced from it, as were there, it became necessary to apply a similar remedy. It is evident, therefore, since the writ of fieri facias in this case was delivered to the sheriff before the executions were issued, under which the constable took and sold the goods, that they were bound by the fieri facias, when the executions came first into the hands of the constable, whether the sheriff had actually then made a seizure of the goods or not: and as against a purchaser from the defendant in the execution, the sheriff would, by virtue of the lien thus acquired, have had a right to seize or take the goods at any time before the return-day of the fieri facias had passed by, and to sell them afterwards, for the purpose of satisfying the debt mentioned in the writ. But whether he had such right, as against a purchaser without notice of the lien under the fieri facias from a constable, where the latter took and sold the goods under executions authorizing him to do so, seems to present a different question. Under the statute of 29 Car. 2, it has been held, that goods bought at a sale made under an execution, delivered to the sheriff subsequently to the delivery of a prior execution, were protected from the prior execution, in the hands of the purchaser under the second execution; although, as to any other party, the goods were bound by the prior delivery of the first writ, under which the sheriff ought to have taken and sold them. This distinction seems to have been considered necessary, in order that the ends of justice might be advanced, which it was thought would be frustrated, should the sales made under executions be suffered to be invalidated by other executions, in being before or at the same time. It is certainly of the first importance, in order that the ends of justice may be fully met and answered, that personal, as well as real estate, should bring fair prices at judicial sales, which cannot be effected with any degree of certainty, without giving all reasonable protection to the purchasers thereof. And seeing such sales are not only made publicly, but at a certain time and place, fixed on for that purpose by the proper officer of which he is required to give a certain previous notice, either by written or printed hand-bills, set up in the most public places, or advertisements published in the newspapers of the county, so that all wishing to buy may be informed of the sale about to be made, and that other officers, having judicial process in their hands, which they ought to execute, may be advised of what is going on, and assert their claims of preference, if they have any, it would seem to be both expedient and reasonable, that property once sold, in this manner, should not be liable to be sold a second time, under judicial process against the same defendant, after it shall have gone into the hands of the purchaser, at the first sale. If an officer, who has judicial process placed in his hands to be executed, shall, through neglect of duty, or want of proper vigilance upon his part, suffer a sale of property to be made, under judicial process of later date, as to lien, whereby an injury or loss shall accrue to the party in whose favour he holds such process, it is better that he should be held liable for such loss than that the purchaser should be disturbed in his enjoyment of the property after having bought and paid for it. Under this view of the case, and the law applicable to it, we are of opinion, that the sale of the goods in question, so far as the constable took and sold them, under the execution against Rebecca Fellows, as the executrix of Moses Fellows, deceased, was good, and that the sheriff could not afterwards take the same goods out of the possession of the purchaser at constable's sale. Consequently, if Duncan, the defendant below, either advised the sheriff or his deputy to take the goods, or aided in doing so, he thereby became a trespasser, and liable to be sued by the plaintiff below as such. But in regard to the goods taken and sold by the constable, under the execution against Rebecca Fellows, individually in her own right, we think the constable had no right to take the goods in her possession belonging to the estate of Moses Fellows, the testator, as long as the sheriff had in his hands an execution against her, as executrix of the testator, which bound the goods. The court below, however, instructed the jury otherwise.
Judgment reversed, and a venire facias de novo awarded.
"Reports of cases adjudged in the Supreme Court of Pennsylvania, part of July term, September term, and part of December term, 1841" by Frederick Watts and Henry J. Sergeant ("Watts & Sergeant"); Vol.2 pgs.264 to 267 (California State Law Library, Sacramento, 1/2004)
DUNCAN against M'CUMBER; Supreme Court of Pennsylvania, Western District, Pittsburgh; 2 Watts & Serg. 264; September, 1841, Decided.
Error to the Common Pleas of Erie county.
This was an action of trespass de bonis asportatis, brought by Solomon M'Cumber, the defendant in error, against James Duncan, the plaintiff in error. The goods in question were part of the personal estate of Moses Fellows at the time of his decease; and as such were thereupon taken into possession by Rebecca Fellows, his executrix and widow. Upon a judgment obtained against her, as the executrix of Moses Fellows, in favour of James Duncan, in the Common Pleas of Erie county, a writ of fieri facias was sued out to May Term 1839, directed to the sheriff of Erie county, and delivered to him to be executed on the 27th day of March 1839, in the borough of Erie; at which place, it seems, that the sheriff, without going to the residence of Rebecca Fellows, about fourteen miles from the borough, where the goods then were, endorsed a seizure of them upon the back of the writ, without seeing them, or having them in his power; and without attempting to take the possession of them, until twenty days or more afterwards, when, in the meanwhile, they had come into the hands and possession of the defendant in error, as a purchaser thereof at constable's sale, made under the following circumstances. On the 1st of April 1839, an execution was issued by Thomas Greenwood, a justice of the peace of Erie county, against Rebecca Fellows, in her own right, as it would appear by the execution, at the suit of Ezra Thompson, for $70.79, besides costs of suit: also, on the next day, another execution was issued by P. Wells, another justice of the peace of Erie county, against Rebecca Fellows, as executrix of Moses Fellows, deceased, at the suit of Timothy J. Newton, for a debt of $6.20, besides 82 cents costs; both of which executions were directed to the constable of Harborcreek township, in Erie county. On the 2d day of April 1839, he, by virtue thereof, actually took the goods from the possession of Rebecca Fellows where he found them, and in the course of ten or twelve days afterwards, sold them at public auction to the defendant in error, after giving due notice thereof. $5.14 were endorsed on the latter execution as paid out of the proceeds of sale. The goods, upon the defendant in error's paying for them, were accordingly delivered by the constable to him; from whom the plaintiff in error, in company with the deputy sheriff, afterwards, but before the return-day of the fieri facias, took the goods by virtue thereof.
Upon the trial, after the evidence was given to the jury, the defendant requested the court to charge the jury:
4. That the sale on the execution of Ezra Thompson against Rebecca Fellows, in her individual capacity, vests no title in the plaintiff; and the endorsement on the execution of T. J. Newton of but $5.14, not the whole amount of the execution, is so entirely disproportioned to the value of the property sold, that the circumstance of the levy being made on that execution in the hands of the constable, vests no title in M'Cumber, the purchaser at that sale, either with or without notice.
5. That if Duncan gave public notice at the time of sale, the presumption is that M'Cumber had notice of the writ and levy in the sheriff's hands, he being present at the sale and bidding at the property; and if he had notice of that writ, sufficient to put him upon inquiry, the sale vests no title in him as against Duncan, the plaintiff in that execution.
The court below answered the first point in the negative, and instructed the jury upon the last as follows:
In answer to this point, we instruct you that the question of notice is a question of facts for you, with this instruction as to the land. If the notice was given while the bidding was going on, and M'Cumber was there, and proved to be present on the ground while others heard it, the presumption would be, that he heard it. also. Is it proved that M'Cumber was present? The constable thinks he had not come to the sale at the time of the notice given; others think he was about the premises. To affect M'Cumber, it must be clearly shown that he had actual notice, or was on the ground and where he might have heard it. And if he heard what was said, was it notice from the sheriff that he intended to claim the property by virtue of his lien? -- or it is sufficient if it was notice by a person having an interest in the execution. But if it is not shown that he was present when notice was given, or if he came after notice given, he is not affected with it, as no notice was written, printed, or stuck up on the ground; it was, if I remember the testimony right, a declaration that the sheriff had a lien by virtue of an execution in his hands in favour of Duncan, and people were forbid to buy. This would have been sufficient notice, if M'Cumber had heard it, or if it had been posted up.
To which charge, the defendant excepted.
COUNSEL: Walker and Galbreath, for plaintiff in error, contended that the sale was made upon the large execution in the hands of the constable; and that being against Rebecca Fellows, in her individual capacity, it gave no title to the property sold which belonged to the estate of her husband; and the fact that that execution was paid in full, and the small one only in part, showed clearly that the sale was made on the former.
Babbit, for defendant in error, argued that inasmuch as the constable had in his hands lawful authority to make the sale, a good title was given to the purchaser; and whether the constable appropriated the proceeds to one execution or the other, could not affect the purchaser. If he appropriated it erroneously, the party injured has his remedy.
(opinion) The only points presented, are those which arise upon the answers to the third point of the plaintiff, and the fourth and fifth points of the defendant. Under the Statute, 29 Car. 2, it has been held, that goods bought at a sale made under an execution delivered to the sheriff subsequently to the delivery of a prior execution, were protected from the prior execution, in the hands of the purchaser under the second execution; although, as to any other party, the goods were bound by the prior delivery of the first writ, under which the sheriff ought to have taken and sold them. And this principle is supported by the authorities cited; it is founded on a principle of policy, by which, in consequence of the certainty of the title to the purchaser, the goods will bring their full value, and because no injury can be done to the first execution creditor, he being entitled to the proceeds in satisfaction of his debt. The law, therefore, properly leaves the matter to be adjusted between the first and second execution creditors and the sheriff, without affecting the title of the sheriff's vendee. Nor is a knowledge of the fact, that the goods are sold on the second execution, any impeachment of the vendee's title. The same principle applies to the sale of the goods by the constable, when a prior execution has been put in the hands of the sheriff, who has omitted to make a levy on the goods. I throw out of view all idea of collusion between the purchaser and creditor or constable; for there is no evidence whatever tending to show any participation by him in procuring the sale by the constable. At the time of the sale, there were two executions in the hands of the constable: one against Rebecca Fellows, for about $70, in her individual capacity; the other, for $6.20, as the executrix of her husband. The latter only bound the goods, inasmuch as the property seized belonged to the estate of her deceased husband. Of course the sale, which was on both executions, could only properly be made on the small one. In consequence of the sale being made in satisfaction of both executions, and because he was unable to get bids for the property, when offered for sale separately, the constable sold the horses, wagons, and harness, altogether, and the plaintiff became the purchaser. Did, then, the purchaser obtain a title? and on this question we cannot entertain a doubt. It is not his business to give directions to the constable, who is an officer of the law, or for him to decide whether the constable was in the line of his duty in selling on both executions -- whether he was justifiable in exposing the property to sale together, or whether it ought to have been sold separately. A suggestion of this kind might have been treated by the officer as an impertinent interference with his appropriate duties. In many cases, a purchaser would have but little knowledge of the facts of the case; or if he had, would in most cases be incompetent to advise as to the proper course. The law, therefore, wisely leaves the whole responsibility to the officer himself; and if he has failed to perform his duty, he is answerable to those who may be aggrieved. The property sold for about $80, a sum much more than enough to pay the execution on which it was sold; with the application of the money, however, the purchaser has nothing to do; that is a matter resting entirely between the constable and the other creditors who may have claims to the property. So, if any person is aggrieved by the mode of conducting the sale, the constable must answer in damages. We do not consider knowledge on the part of the purchaser material, unaccompanied by collusion and fraud.
Warren Co. IL Deed (SLC 7/19/2014)
11-13/14: #4755. 2 Aug. 1842, Alexander Duncan of North&East Township in Erie Co. PA and Lucinda Duncan his wife to Amaziah Phillips of same Twp, Co. & State, for $600 paid, sell tract or parcel of land in Warren Co. IL known as NW 1/4 Sec.30 Twp.12N Range 2W containing 160 acres more or less, with appurtenances, etc., warrant title. /s/ Alexr. Duncan, Lucinda Duncan. Wit. Joseph E. Lee, T.H?. Ross. Ack. before Joseph E. Lee, J.P. of Erie Co., 2 Aug. 1843. Recorded Dec. 23, 1843. (FHL film 1,377,885)
Elkhart Co. IN Deed (FHL film 1,728,062 item 3; SLC 10/6/2011)
3-361/362: 4 Aug. 1836, Simeon B. Brown and wife Ann Maria, and Jonathan Brown of Wayne Co. MI, to Archibald Duncan of Erie Co. PA, for $300 paid, sell parcels of land in Elkhart Co. IN, Lots No.10, 11 and 17 in Block 13 in Village of Middlebury as per plat recorded in 1836, together with appurtenances, warrant title. /s/ Simeon P. Brown, Ann Maria Brown, Jonathan Brown by his attorney S.B. Brown. Wit. George Bath, John Browley. Simeon B. Brown and wife Ann Maria and Simeon B. Brown attorney for Jonathan Brown appeared 4 Aug. 1836 before John Browly, Justice for Erie Co. PA. Recorded 15 March 1837. (FHL film 1,728,062 item 3; SLC 10/6/2011; left margin of page hidden in center binding)
Gibson Co. IN Deed (SLC 2/2009)
F-55: 30 March 1836, James Duncan Junr. of Borough of Erie, Erie Co. PA, appoint friend Robert Stockwell, merchant of Princeton, Gibson Co. IN, my attorney to perfect my title to tract in Cherry Grove in Gibson Co. IN, about 3 miles west of Princeton, being a piece of land purchased by me of my brother Samuel Duncan who transferred to me at Mount Carmel in Wabash Co. IL, about 80 acres; that when title is perfected, he may sell the land for me or rent it from year to year. /s/ in Erie, PA. Wit; J. Riddell, E.D. Gunnison. (FHL film 1,434,800)
Mahoning Co. OH Transcribed Deed Records (Trumbull & Columbiana) v.A-B 1795-1845 (FHL film 906,059; SLC 9/12/2012; poor images, partly illegible)
A-624: 6 March 1829, Mortgage, James Brooks and wife Ann Brooks of Trumbull Co. OH for $600 to James Duncan of Northeast Twp, Erie Co. PA, sell land in Poland Twp No.1 in first range of townships in Connecticut Western Reserve in Ohio which is also in Trumbull Co. and is known by part of lot No.35, bounded by north line of said lot No.35, east by Joseph Porter's west line, south by south line of said lot 35, west by William Reed's land, being all the land in said lot No.35 that lies east of Wm. Reed's land and west of Joseph Porter's land ... being the land conveyed to James Brooks by Richard McConnell 9 Aug. 1828, contains 40 acres and 1/2 acre more or less, warrant title, release by Ann Brooks of dower right; that James Brooks has executed to said James Duncan his promissory note for $600 bearing even date payable with interest 2 years after the date thereof, now if James Brooks pays the note, this deed is void. /s/ James Brooks. Wit. Rufus P. Spalding, Roswell M. Mason. He appeared 30 March 1829 before Roswell M. Mason, J.P., Trumbull Co. OH. Recorded March 31, 1829. Transcribed Oct. 10, 1891, from Vol.W pg.350 Trumbull Co. Records by Recorder Mahoning Co. OH. (FHL film 906,059; SLC 9/12/2012)
Allegheny Co. PA Deed (FHL film 1,497,889; SLC 9/14/2012)
74-235/236: 1 July 1846, John J.M. Duncan of the Duncan of the Borough of Erie, Erie Co. PA, and Elizabeth his wife, to John Watson and John Wagoner of Borough of Manchester, Allegheny Co. PA, for $600 paid, sell lot of ground in Borough of Manchester afsd, on Beaver from Sheffield Street at corner of lot of Margaretta Neebilen, being a lot among others which Stephen Colwell on 18 Aug. 1836 recorded Allegheny Co. Book 3C Vol.52 pg.224 conveyed to Elizabeth Miller, the lot having descended to John J.M. Duncan as the only child and heir of Elizabeth who died intestate, together with buildings, ... and appurtenances, warrant title. /s/ John J.M. Duncan, Elizabeth H. Duncan. Wit. Irer Dewey, Swasy F. Shadruck. Ack. in Erie Co. PA 6 July 1846. Recorded July 20, 1846. (FHL film 1,497,889; SLC 9/14/2012)
Mercer Co. PA Deed (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)
Warren Co. PA Deeds (SLC 9/18/2012 and 5/1/2013)
R-142: 24 Dec. 1858, Galbraith A. Irvine and William C. Irvine by his attorney in fact Galbraith A. Irvine to Dr. Stephen Duncan, for 200 acres of Tract No.82, 5th Donation District, Mercer Co. PA, conveyed by party of second part, receipt ack., sell to party of second part, parcel of land in Warren Co. on east side of Allegheny River adj. H.I. Grunder tract containing 474 acres, also 300 acres of Tract No.82, being the whole of said donation Tract No.82 in Mercer Co. PA except 200 acres conveyed by party of second part to parties of first part, also 500 acres donation lands in Erie Co., also 300 acres donation lands in Mercer Co., also 300 acres in Spring Creek Twp, Warren Co., all in PA, together with appurtenances, warrant title. /s/ G.A. Irvine, Wm. C. Irvine, by his attorney G.A. Irvine. Wit. J.D. Summerton. Ack. 25 Dec. 1858 before J.D. Summerton, J.P. Recorded 12 Sept. 1859. (FHL film 895,169; SLC 9/18/2012)
S-461/467: 15 April 1861, Stephen Duncan and wife Catharine A. of Adams Co. MS to Margaret E.J. Biddle and Sarah D. Irvine, grandchildren of said Stephen Duncan, of PA, for $10 paid, and love and affection, convey all of the lands as at this date have not been sold or conveyed by said Stephen Duncan, his agents or attorneys:
All that tract of land in New Vernon Twp, Mercer Co. PA, Donation District No.5, No.82, containing 500 acres more or less;
Also all that Lot No.309 in Borough of Warren, Warren Co. PA, containing 13,514 square feet; also all Lot 315 in said Borough of Warren, Warren Co. PA, containing 13,517 square feet; also Lot in said Borough of Warren No.317 containing 13,514 square feet; also Lot 319 containing 13,514 square feet; also lot No.320 containing 13,514 square feet;
Also all that tract of land in Pleasant Twp, Warren Co. PA, opposite the Boro. of Warren and bounded on N & W by Allegheny River, on S by Allegheny River and lands unknown, and E by lands of J. Hook and W.P?. McDows? and by other lands, containing 260 acres more or less on which is erected a two story frame dwelling, frame barn and other buildings, of which about 80 acres are improved; also the tract of land in Pleasant Twp, Warren Co., bounded on east by tracks marked John Wood and R. Falconer, south by R. Falconer and other lands of W.A. Irvine, and on north by Allegheny River, containing 474 acres and 50 perches more or less; also the tract of land in Pleasant Twp, Warren Co. PA, opposite the mouth of Brokenstraw Creek, bounded north and west by Allegheny River, east by other land of Wm. A. Irvine, and south by other lands, containing 473 acres and 90 perches more or less, about 140 acres are in a high state of cultivation, the buildings are a frame dwelling and a frame barn;
Also the tract of land in Brokenstraw, Warren Co. PA, bounded on bank of Allegheny River, ... to mouth of Brokenstraw Creek, containing 217 acres 26 perches and on which are erected a wool factory saw mill and two saws grist mill, foundry, machine shop, pattern shop, two story stone? dwellings, nine two-story frame dwellings, one frame cottage and four frame barns, together with appurtenances ... in use at said mills, factory &c;
Also the parcel of land in Brokenstraw Twp, Warren Co. PA, on the western bank of the Allegheny River, containing 445 acres and 24 perches more or less on which is erected a two-story stone dwelling, about 30 acres are improved;
Also all that parcel of land in Brokenstraw Twp. bounded on NE by Conewango Twp. line, east by Allegheny River, south by Brokenstraw Creek, and west by lands of Barney McKinney, containing 200 acres more or less, about 1/2 under cultivation on which are erected a large two-story stone building called "Corn Planter Hotel" together with its appertenant buildings, one large stone store and warehouse, one ? story stone dwelling, 2 story frame dwellings on 2 story chair and cabinet factory with water power and machinery and 3 frame barns;
Also all that parcel of land in SE corner of Conewango Twp., Warren Co. PA, bounded on East by Allegheny River, south by northern line of last described tract, on west by lands marked Barney McKinney, north by lands of Robert Bell and M.C. Dalryimple, containing 422 acres more or less, about 70 acres are improved and buildings are one 2-story dwelling and one frame barn;
Also parcel of land in Brokenstraw Twp. bounded north by Philip Mead, west by Paul Hoffman, south by Ann York, and east by Rach. Whitney, containing 84 acres more or less, half of it improved, buildings, one double saw mill and water privilege, a 2-story frame dwelling and hay barn;
Also parcel of land in Spring Creek Twp, Warren Co. PA, the eastern part of Tract No.355, bounded on east by Tract No.354, north by Tract No.358, south by Tract No.146, west by 140 acre parallelogram ...; also all that parcel of land in Spring Creek Twp., being the whole of Tract No.310 at the junction of Spring and Brokenstraw Creeks, containing 405 acres and 132 perches, buildings are one saw mill, 3 2-story frame dwellings and 3 frame barns;
Also parcel of land in Spring Creek Twp., being part of Tract No.311, bounded south by lands of A. Watt and Uriah Jackson, east by John Evin, north by John and Mallory, west by other lands of William A. Irwin, containing 203 acres more or less, on which are erected a double saw mill, two 2-story frame dwellings and a frame barn; also parcel of land in Spring Creek Twp, part of Tract No.304, bounded east by other lands of William A. Irvine in tract 310, south by lands of S. Akins, north and west by other lands, containing 200 acres more or less, on which is erected a 2-story frame dwelling; also parcel of land in Spring Creek Twp, part of Tract No.363 from which the timber has been stripped, bounded by other lands, containing 100 acres;
Also parcel of land in Deerfield Twp., Warren Co., Lot No.106 containing 483 acres and 78 perches more or less, on which are erected one saw mill, one frame dwelling and one log dwelling; also parcel of land in Deerfield Twp, Lot No.331 bounded west by Tract No.330, north by Tract No.160, south by Tract No.332, east by Tract No.162, containing 400 acres more or less; also parcel of land in Deerfield Twp, Tract No.216, containing 434 acres more or less; also parcel of land in Deerfield Twp. Tract No.221 containing 434 acres more or less;
Also parcel of land in Eldred Twp, Warren Co. PA, Tract No.326 containing 391 acres of which 30 acres are improved, erected a steam saw mill and dwelling; also parcel of land in Eldred Twp., Tract No.77 containing 300 acres; also tract in Spring Creek Twp., Tract No.72, containing 413 acres more or less;
Also parcel of land in Limestone Twp., Warren Co. PA, being part of Tract No.5280, beg. at William Magill's land, ... land of Hunter, together with two islands in the Allegheny River opposite said tract, the whole containing about 120 acres, of which 60 are improved, on which are erected one double saw mill and lath mill, 4 frame dwellings, smith shop and frame barns;
Also parcel of land in Limestone Twp, part of Tract No.5278 containing 600 acres more or less, same tract as sold by ?? Brown Esq. to W.H. and Z. Brigham; also parcel of land in Limestone Twp, Tract No.4820 containing 990 acres more or less; also parcel of land in Limestone Twp, Tract No.4822 containing 990 acres on which are erected a steam saw and siding mill, two frame houses and appurtenant buildings; also parcel of ground in Limestone Twp, Tract No.5250, containing 700 acres more or less, conveyed to Stephen Duncan by Westly Frost, Marshal of the US for the Western District of PA by deed 23 July 1856;
And also parcel of land in City of Erie, Erie Co. PA, Lot No.1955, bounded on NW by 6th St., on NE by Lot 1958; SE by Lot No.1956, and SW by Lot 1954, containing about 1/3 of an acre; Also conveyed by said Marshall to said Duncan by deed dated last afsd.
And also all that parcel of land in Brokenstraw Twp., Warren Co. PA, beg. at a stone on the bank of the Allegheny River, the SE corner of another tract belonging to said William A. Irvine, containing 403 acres and 136 perches more or less, about 1/4 under cultivation, on said tract an erected 2 story stone dwelling, one two story frame manor? house, three frame barns and appurtenant out buildings, conveyed to said Marshall C. Reuntas? Brown by deed dated date afsd and afterward on 13 Dec. 1850 conveyed by said Burns & Elizabeth his wife to said Stephen Duncan.
And also all that parcel of land in the City of Erie known as Lot No.1060, bounded on NE by Holland St., on SE by 7th St., on SW by Lot No.1957 and on NW by Lot No.1954; Also all that parcel of land in said City of Erie known as Lot No.1957 bounded on SE by 7th St., on SW by Lot No.1956, on NW by Lot No.1958, and on NE by Lot No.1960, containing about 1/3 of an acre; Also all that parcel of land in said City of Erie known as Lot No.1956 bounded on SE by 7th St., on SW by Lot No.1953, on NW by Lot No.1955, and on NE by Lot No.1957, containing about 1/3 of an acre.
Also all that parcel of land adjacent to City of Erie in township of Mill Creek, Erie Co. PA, Number 271, bounded on W by Ash? Lane and containing about 5 acres; Also all that parcel adjacent to City of Erie in said Mill Creek Twp, No.272, containing 5 acres, bounded on W by Ashe Lane; Also all that parcel in said Twp. of Mill Creek No.391 bounded on N by Lot No.392, on W by Lot 390, on E by Beach Lane, and on S by ot No.271, containing about 5 acres; Also all that parcel in said Mill Creek Twp. No.570, bounded on E by Beach Lane, on N by Lot No.391, on W by Lot No.271, and on S by Lot No.269, containing about 5 acres; Also all that parcel of land in Mill Creek Twp. No.269, bounded on E by Beach Lane, on S by Buffalo Road, on W by Lot No.272 and on N by Lot No.270, containing about 5 acres, conveyed by said Marshall to J.B. Alexander by deed first mentioned and afterwards conveyed by said Alexander and Lucy F. his wife to Stephen Duncan by deed Nov. 19, 1858.
And also all that parcel of land known in the town of Erie as Out lot No.407, being now in the City of Erie, commencing at SE corner of Trck? and 12th St. in said City, then SW by E line of Beach? St. by land of John A. Haus, then to State St., then by line of State St. to corner of State and 12th St., then by S line of 12th St. to the beginning, conveyed by said Marshall to said Alexander and by him and wife to said Duncan by deeds of same date as last above mentioned.
And also all that tract of Donation Land in Amity Twp, Erie Co. PA, in the 10th Dist. beg. at SW corner of Tract No.186, then by center of road ... by Tract No.185, Tract No.189, Tract No.187, then to the beginning, containing 573 acres and 140 perches & allowance, 300 acres improved and has? frame houses and barns; Also all that parcel of land situate in Mill Creek Twp, Erie Co. PA, numbered Out Lot 268 adjacent to city of Erie and containing 5 acres conveyed by said Marshall to said Alexander and by him & wife to said Duncan by deeds of same dates as above.
And also real estate in Limestone Twp, Warren Co. PA, being part of tract No.5,275, at NW corner of land lately purchased of Jacob Levering by Benjamin McGee and Henry McGee, ... bank of the River, down the River south ... then ... to the W line of Benjamin & Henry McGees land, then to the beginning, containing 3 acres and 32 perches more or less; Also one other piece of land in said Limestone Twp containing 550 acres more or less adj. above, being the SW 1/2 of Tract No.5226, bounded on NE by the other half of said tract, on SE by No.5227, on SW by Tract No.5276, and on NW by Tract No.5275, about 2 acres of which are improved, and one small frame house painted white.
Also one other piece of land in Limestone Twp. containing 360 acres more or less, being the middle part of Lot No.5227 conveyed by Galbraith to James F. Magee, conveyed by James Foreman Sheriff of Warren Co. to said Stephen Duncan 5 Dec. 1855.
Together with apurtenances, Provided nevertheless that parties of first part retain to be held and exercised by him the said Stephen Duncan a right and power to sell and convey to the puchasers any of said land, until 1 Jan. 1863, the proceeds of sale and all interest to be paid, assigned & delivered to said parties of second part ..., and parties of second part may demand and receive in the name of the parties of the first part, all monies, etc. from the sale of any of the above lands since 1 April 1861, and parties of first part shall assign to second part monies from sales after 1 Jan. 1863. The above lands and other effects conveyed are to be accounted for as an advancement to them as heirs and distributees by said Stephen Duncan at a valuation charged by him in his journal of 1861, page 105. And Stephen Duncan warrants title. /s/ Stephen Duncan, Catharine A. Duncan. Wit. S.P. Duncan, M.L. Pringle. Ack. 6 May 1861 by Stephen Duncan and Catharine A. Duncan before Robert W. Wood, Commissioner resident in City of Natchez, Adams Co. MS. (FHL film 895,170; SLC 9/18/2012 and 5/1/2013)
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.
Duncombe, Charles H., widow Duncombe, Eunise E.; K 145 PA Inf.; 1863 Feb. 28, Invalid Appl. #12061, Cert. #266980; 1922 March 9, Widow Appl. #1185870, Cert. #920448, PA. (MAD: Cert. #266980 number as written) (MAD: ? 1860 Erie Co. PA census)
"History of the Forty-fifth Regiment, Pennsylvania Veteran Volunteer Infantry, 1861-1865" by The Comrads; ed. by Allen D. Albert; pub. Williamsport, Pa.: Grit Pub. Co., 1912, 589 pgs. (LH13180, HeritageQuest images 6/2007; FHL book 974.8 M2pm and film 1,421,602 item 21 and fiche 6,083,992)
Pg.439: Roster of Company B. Duncan, Enos, enlisted September 17, 1864; mustered out with company July 17, 1865; inmate Soldiers' Home, Erie, Pa. (MAD: ? Allegheny Co. PA 1860 census)
Go to the Erie Co. PA Histories before 1923
"The North East Duncans, Their Kith and Kin, 1769-1932" by Wm. M. Duncan, 1932 (FHL book 929.273 D912dw)
This book includes the Bible Record of Hugh Duncan, and the Duncan family from Erie Co. PA to Mahoning Co. OH, starting with James Duncan, b.1769 IRE, died 1861 at North East, PA; settled first in Berks Co. PA, where he married Nancy Beatty; moved to Canonsburg [Washington Co.], PA, about 1799; resided there until 1802; and finally located at North East, [Erie Co.] PA, where he lived until the time of his death.
Return to Index to Duncan Research Files in Pennsylvania
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