ANDERSON CO. SC
COURT RECORDS
 

Anderson Co. SC Court of Ordinary, Minutes 1825-1867, includes minutes, journals, etc. (FHL film 22,877; cataloged under Probate)
      Vol.1, Minutes, 1825-1840 - no index
      Vol.2, Minutes, 1840-1854 - no index
      Vol.1, Journal, 1840-1854 - no Duncan

Anderson Co. SC Court of Ordinary, Real Estate (FHL film 24,864)
      Pg.186: Real Estate of Robert Duncan. Petitioner John (D) Duncan is son and heir at law of Robert Duncan late of Anderson Dist. dec'd who died intestate leaving a certain tract of land ... waters of Rockey River bounded by Thomas Hanna? & Mary K. Mattison & others, 65 acres, petition for sale; 23 July 1849. Personally appeared A.D. Norris and P.C. Haynie who are acquainted with the tract of land, in their opinion (the same) is not worth exceeding $1000; 17 Aug. 1849. Court to Hugh Duncan, John Duncan, John Tate & wife Sarah, Robert Duncan or John Martin guardian at litum for Robert Duncan, William W. Duncan, Benjamin F. Duncan, Martha Duncan, and Charles McConnel & wife Elizabeth, legal heirs and representatives of Robert Duncan Senr. deceased who died intestate ... order to show cause why the real estate should not be sold; 17 Aug. 1849. Acceptance 7 Sept. 1849 by Hugh Duncan, William W. Duncan, J.A. Tate, S.M. (x her) Tate, B.F. Duncan, Charles (x) McConnel, Elizabeth McConnel, Martha (X) Duncan. Wit. S.T. Parish, Wm. Elrod Senior, James Haynie, T.P. Elrod. Acceptance by John Martin of appointment of guardian ad litum for Robert Duncan, 7 Sept. 1849. Order of sale 7 Sept. 1849. Notice of sale 1 Oct. 1849. Bond of Mary K. Mattison and James Emmerson 1 Oct. 1849 for purchase price of $338.75 due 1 Oct. 1850. Wit. Reuben M. Martin, C.S. Mattison. (MAD: See Hugh and William W. Duncan in 1850 Gwinnett Co. GA census)
      Pg.202: Real estate of Thomas Duncan. Petitioner Martha M. (X) Duncan, widow of Thomas Duncan who died possessed of land on Lugaloo Creek waters of Rockey River, adj. John Tate, John Herron? & others, 51 acres, she being entitled to 1/3 thereof and the remainder to the children of her deceased husband, to wit, Thomas Newton Duncan, Elizabeth Duncan, Milley Duncan, Benjamin Franklin Duncan, Robert Emmet and John Carlile Duncan; petition to sell land 1 March 1850. Personally appeared John Herron and Joseph J. Branyan who are acquainted with the land, not worth exceeding $1000; 1 April 1850. Court to Martha M. Duncan (wido.), Thomas N., Elizabeth, Milley, Benjamin F., Robert Emmet and John Carlile Duncan minors or to John Martin guardian ad litum for the above named minors legal heirs and representatives of Thomas Duncan, notice of intent to sell land, 1 March 1850. Acceptance by John Martin of appointment as guardian ad litum; 1 March 1850; land sold ... etc.

Anderson Co. SC Index to Petitions, 1833-1873 (FHL film 22,939)
      No Duncan, Laboon, Gerrard, Jarret

Anderson Co. SC Index to Bills, 1822-1873 (FHL film 22,891)
      No Duncan, etc.

Anderson Co. SC Commissioner of High Roads & Bridges, Minute Book 1818-1848 (FHL film 1,025,477)
      No index (catalogued under probate)
 

Anderson Co. SC Court of Common Pleas, judgement rolls, 1800-1899 (Index Dencha to R on FHL film 23,193; 3x5 index cards)
      Duncan, Patrick vs. Langford, Robert, 1806, Roll 571.
            Roll 571; Patrick Duncan vs. Robert Langford, Trespass; filed Oct. 28, 1805; judgement of non pros. Oct. 18, 1806. Robert entered plantation of Patrick on Georges Creek in Pendleton Dist., 640 acres, and cut down timber, grass etc., about 1 March 1804; suit for $1000 damages. Reply by William Shaw attorney ... (MAD: I think he said not guilty) ... false claim of Patrick ... petition to recover costs; Patrick Duncan did not appear, Langford to recover costs. (FHL film 23,203)
      Duncan, Patrick vs. Huff, Stephen, 1806, Roll 573 (FHL film 23,203; not copied)
      Duncan, Patrick vs. Siddell, Stephens, 1806, Roll 605 (FHL film 23,205; not copied)
      Duncan, Patrick vs. Able, Abraham & Claton, Warrant, 1801, Roll 676 (FHL film 23,207; not copied)
      Duncan, Charles C. vs. Watson, Willis, 1821, Roll 1176
            Roll 1176, Pendleton Co. SC; Charles C. Duncan vs. Willis Watson; Note dated 10 Jan. 1817, Willis Watson to pay Smith Randle $150, wit. Joseph Lasner?; assignment 22 June 1820 by Smith Randle (X) to C.C. Duncan, wit. William F. Peiphoff. Filed 8 Jan. 1821, tried 26 Feb. 1821, jury find for plaintiff (Duncan). (FHL film 23,223)
      Duncan, Patrick vs. Burden, Sarah, 1827, Roll 1876 (FHL film 23,241; she owed $700)

Anderson Co. SC Court of Common Pleas; Probate Records; Index to Judgements 1827-1903 (Direct index to 1865, FHL film 1,025,478; Indirect index to 1860, FHL film 1,025,479)
      Dunkin, F.W. ads. Benj. Cloud, Roll 20. Roll 20, William Knox & Co. vs. Fleming W. Duncan, Summons to report Oct?. 1824; Suit over promissory note 23 Oct. 1823 for 1500 lbs, to deliver 6874 lbs of cotton, not delivered; Sheriff had not been able to arrest him; copy of summons left at place of residence; 18 March 1826. Affidavit of James Armstrong age 28 of Franklin Co. TN about the case, 15 Feb. 1828, who saw Fleming W. Duncan execute the note; similar affidavit of John H. Knox age 23 of Franklin Co. TN; he continued in the employee of the plaintiffs until Duncan left the State of AL where he resided when (the note) was given. James Armstrong? the later part of Nov. or first of Dec. 1823 as well as he recollects, Fleming W. Duncan was then a resident of Jackson Co. AL; run away from that county and state, ran off in the night; Duncan ran off in debt to several other persons. (FHL film 22,948)
      Dunkin, William L. ads. William Hall, Roll 24. Roll 24, William Hall vs. Wm. L. Duncan, filed Sept. 3, 1828. Plea of trespass on the case; slander; that Wm. L. Duncan caused it to be suspected that William Hall was guilty of the ? of buggery (braggery?) (MAD: cannot read). (FHL film 22,948)
      Dunkin, George A. ads William Hall, Roll 25. (FHL film 22,948; William Hall vs. George A. Duncan, same)
      Dunkin, R.B. Judn. vs. James Oliver, Roll 307 (FHL film 23,205; not copied)
      Dunkin, Perry E. vs. Henry Cobb, Roll 418 (FHL film 23,205; not copied)
      Dunkin, William admin vs. John J. Fisher, Roll 1129. Roll 1129, William Duncan admins vs. John J. Fisher, filed 25 March 1846. John J. Fisher to answer Wm. Duncan admin. of Michael Alewine decd; Fisher owed Alewine $300 in 1844. Not copied. (FHL film 22,970)
      Dunkin, David vs. John Knox, Roll 1229. Roll 1229, David Dunkin vs. John Knox, debt; judgment confessed 18 March 1851 on note, wit. Elijah Webb?. (FHL film 22,972)
      Dunkin, Michael W. ads. Andrew J. Miller, Roll 1404. Roll 1404, Alfred B. Bowde vs. Michael W. Duncan, debt; acknowledged debt March 15, 1854; $700 in note dated March 14, 1854, wit. A.J. Miller. (FHL film 22,976) (MAD: see Lexington Co. SC, Michael W. Duncan and wife Elizabeth Shealey)
      Dunkin, M.W. ads Holland & Sheard, Roll 1443.
      Dunkin, M.W. ads John McFall, Roll 1447.
      Dunkin, M.W. ads. Fen? Borstell, Roll 1453.
      Dunkin, M.W. ads. Jno. B. Shealler, Roll 1505.
 

Anderson Co. SC Court of Equity; includes some general indexes with most volumes individually indexed; some years and records are missing, others are out of order. Includes reports, bond books, minute books, file books, sales, bills, petitions, etc.
      Report papers 1838-1873; old reports, comms. in Equity - loose papers, no index (FHL film 22,878)
      Bond book 1843-1852 - no Duncan (FHL film 22,880)
      Minute book 1846-1852 - no Duncan (FHL film 22,881)
      Minute Book 1845-1853 - no Duncan (FHL film 22,882)
      Estate account books, Vol.1, 1842-1854 - no Duncan (FHL film 22,886)

Anderson Co. SC Equity Court Records (index on FHL film 22,891)
      Bill #209, 36; 1854: James McDavid, Joshua S. Acker and Abner Cox vs. William T. Holland, David Duncan and Gabriel Cox; Bill for Discovery, Foreclosure of Mortgage, Relief &c; filed 28 Feb. 1854. (FHL film 22,911; Gabriel Cox failed to appear, 24 June 1854; MAD: see Deed C2-535)
      Complaint by James McDavid, Joshua S. Ackers and Abner Cox, (orators) that one William T. Holland in about November 1852 wanted to obtain a loan of $1,000 from William F. Clinkscales but was unable to do so except by giving note and good security, and he asked orators to sign the note with him. The orators had much doubt and hesitation at the propriety of their doing so, but were finally talked into it when Holland said Clinkscales would be repaid shortly of if not, then almost any other arrangement they wanted would be made to secure the note. Holland then drew a sealed note for $1000 dated 16 Nov. 1852, payable to William F. Clinkscales one day after date, which note was signed by him and the orators as his security. Not long afterwards it became apparent that Holland was in embarassed circumstances and the debt was an object of increased solicitude to the orators. The orators reminded Holland of his repeated assurances of prompt repayment. Holland has some time previous to the date of these transactions purchased from David Duncan a tract of land on Cupboard Creek adj. lands of William Davis, estate of Enok Breazeale and others, of 250a where Duncan had long resided, for which Holland was to pay $2500 in installments, and Duncan gave a bond to Holland to make title when the money was paid. Holland had paid some $800 or $900 toward the purchase when he applied to the orators to sign the note with him to Clinkscales, and everyone understood Clinkscales' money was to be further payment to Duncan who was pressing for his money, and the orators charge that all the money from Clinkscales was paid by Holland to Duncan, which totaled some $1800 or $1900, leaving a balance of only some $600 or $700 and perhaps some interest as still due Duncan. After (discussion), Holland agreed to pledge his interest in the land to the orators as security for the debt to Clinkscales, which Holland did on 21 June 1853, mortgaging his entire right etc. to the land, which was recorded 20 Oct. 1853. Orators since learned that about the same time the mortgage was recorded, or perhaps a day or two afterward, that Holland made a pretended sale of the same land or a part of it to one Gabriel Cox, who took possession and is at this time in possession of the land. The orators think that Gabriel Cox had previous notice of the mortgage to them and that on discovery and inspection of dates, it will be seen to have been recorded a day or two before the pretended purchase by Gabriel Cox so as to afford him legal notice of the mortgage and entitle it to priority over any paper showing a purchase that he may set up. Orators also charge that Gabriel Cox knew of the mortgage to them. Orators have also learned that the transfer by Holland to Gabriel Cox is wholly pretended and invalid because of the unsoundness of mind of Gabriel Cox at the time, and a proceeding on behalf of said Gabriel Cox is now pending in Court to set the alleged sale and transfer aside. Orators have repeatedly applied to Holland to pay off the note to Clinkscales or release them by substituting other security, which he hasn't done. Orators have lately discovered that he is hopelessly enthralled and insolvent and that no alternative was left them but to pay the note to Clinkscales and look to their mortgage on the land for their protection. Accordingly, on 27 Feb. 1854, orators paid and took up the note to Clinkscales, amounting in principal and interest to $1089.68, and have possession of the note, which money is now due by Holland to orators, secured by mortgage of his equity and interest in the land, which mortgage the orators want to foreclose and reimburse themselves the money so paid for Holland. Petition that William T. Holland and David Duncan answer their charges, and find out if any part of the purchase money was paid, the balance due David Duncan, etc., and that Gabriel Cox answer whether or not he knew about the mortgage. Etc. (8 pages)
            Anderson Dist. SC, Know all men by these presents that I, David Duncan of State & Dist. aforesaid, for & in consideration of three notes of hand, one note due 1st Nov. next for $1000, second note due 25 Dec. 1853 for $750, third note due 25 Dec. 1854 for $750, bearing interest from 25 Dec. 1853, ... in consideration for which Notes I bind myself, to make good titles to a tract of land of 250a more or less on the head waters of Cupboard Creek adj. lands of E.W. Breazeal, W? Davis, Zachariah Davis, Nancy? Breazeal, W.T. Mc...?, 7 Aug. 1852, /s/ David Duncan; wit. Geo. W. King, E.J. Maps (Moss?).
            Answer of W.T. Holland, ... that some two or three years ago, when times were flush and money at least credit easily obtained, when people were all agog about the sixing? prospects of a town called Belton, situate in the fork of the Greenville and Anderson Branches of the Greenville & Columbia Rail Road, that he was induced to purchase a tract of land of 250a lying very close to the said town from one David Duncan, a co-defendant, at the then -?- sum of $10 per acre, paid him a part in cash and secured the balance by note falling due afterwards, and received from David Duncan a bond for title in the usual form, about 16 Oct. 1852 David Duncan applied for a portion of the purchase money due, and this defendant by the ...? of the complainants who became his securities, raised $1000 from one W.F. Clinkscales and paid same over to Duncan. About 21 June 1853, these complainants became somewhat uneasy about the Clinkscales note and upon their application, this deponent delivered to them the informal assignment of whatever right or title he possessed in the tract of land to indemnify them. The defendant afterwards contracted to sell the land to one Gabriel Cox at a tolerably fair price, $20 per acre, taking in part payment another tract of land, a negro boy, & notes for the balance, out of which he expected to relieve the complainants from any -?- uneasiness by paying promptly himself the note to Clinkscales. But as has been the ill luck of the defendant all his life some accident or other event occurs to more? his good or fortunate speculations while he is held strictly and to the very letter to perform all his berd? and losing bargains. This speculation was deemed too good and profitable for the defendant and to avail litigation upon in deference to mutual friend ... This defendant has paid Duncan all but some $700 ... Filed 24 June 1854.
      Answer of David Duncan, that he sold to William T. Holland the tract of land described of 250a for $2,500, and that at the time of sale he executed to Holland a bond for title whenever the purchase money was fully paid, that he has at various times received the sum of $1,800, leaving a balance still due of $700 besides interest as appears by his note due 25 Dec. 1853, and dated 7 Aug. 1852; that this defendant is ready and willing any time upon receipt of the balance of purchase money and interest, whether arising from the sale of the premises or otherwise, to comply with the conditions of the bond by conveying the land to William T. Holland as directed by the court. Filed 21 June 1854.
            Decree, filed 9 Feb. 1855: On hearing the Bill and accompanying answers and papers, it is ordered that complainants James McDavid, Joshua S. Acker and Abner Cox recover against the defendant Wm. T. Holland $1089.68 with interest from 27 Feb. 1854, and William T. Holland pay off and satisfy the demand to the complainants on or before 1 Jan. next together with costs of this suit, and that on his failure to do so, the land be sold at public sale on sale day in Feb. next or first convenient sale day thereafter; that out of the proceeds, the commissioners first pay off the demand of defendant David Duncan, and that he next pay off the demand of complainants and costs of this suit, the residue, if any, to be paid to William T. Holland. If the land should be sold, David Duncan on receiving his money do make a good title to the purchaser. /s/ F.H. Wardlow, June 26 (no year).

Anderson Co. SC Court of Ordinary, Real Estate (FHL film 22,864)
      Vol.1, 1840-1864 - No Elijah Barnett (see Pickens Co. SC)
 

END

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