SPARTANBURG CO. SC
COURT RECORDS
 

Spartanburg Co. SC Real Estate Books (Probate Court)
   Index to Real Estate Papers, 1825-1971 (FHL film 1,022,781)
      Duncan, Samuel, admx. Sarah Duncan, file 101, 7/10/1843
      Duncan, Sarah, ext. A.H. Dean, file 113, 2/15/1876
      Duncan, Jefferson, admin. S.J. Simpson, file 440, 3/9/1878
   Real Estate Book B2, 1825-1830 (FHL film 1,022,782)
      No Duncan
   Real Estate Book 1840-1853 (FHL film 1,022,782)
      No index
      Pgs. 66-72: Petition for Division or sale, Samuel Duncan's Estate; Sarah Duncan Applicant vs Elizabeth Duncan & others, defendants, Spartanburgh Dist. SC. Petition of Sarah Duncan, that Samuel Duncan her husband died some time in the month of January 1843, owning 420 acres adj. lands of Wm. Smith, Josiah Killgore, Ishaam (Ishaain?) Evins, Henry Wood and others; said land is under the value of $1000; that Samuel Duncan left your petitioner widow and the following children: Elizabeth Duncan, Rosey Duncan, Berry Duncan, Sincy Duncan, Jefferson Duncan, John Duncan, Clarinda Duncan, Leroy Duncan, Mary Duncan, Caroline Duncan and William Duncan, who with petitioner are entitled to the real estate; that no partition or division has been made. Petitioner prays that the real estate may be partitioned according to act of Assembly in such cases, ... /s/ Sarah Duncan (X).
            Wm. Smith's consent to act as Guardian at litum: I consent by request of Sarah Duncan to act as guardian at litum for Rosey Duncan, Berry Duncan, Sidney (MAD: sic) Duncan, Jefferson Duncan, John Duncan, Clarinda Duncan, Leroy Duncan, Mary Duncan, Caroline Duncan and Wm. Duncan, 10 July 1843, /s/ Wm. Smith, wit. E.M. Poole.
            Oath as to value, 10 July 1843 by H?.C. Poole, J.Q. Escoff.
            Summons to Elizabeth Duncan, Rosey Duncan, Berry Duncan, Siney Duncan, Jefferson Duncan, John Duncan, Clarinda Duncan, Leroy Duncan, Mary Duncan, Caroline Duncan, & Wm. Duncan, legal heirs and reps of Samuel Duncan decd, they are required to appear at Court of Ordinary at Spartanburg Courthouse on 13 Oct. 1843 to show cause if any why the real estate of Samuel Duncan decd. on waters of Tyger River adj. Wm. Smith, Josiah Killgore, Ishaam Evins, Henry Wood & others, 420 acres, should not be divided or sold, allotting to Sarah Duncan 1/3 and the remaining 2/3 in equal portions to Elizabeth Duncan, Rosey Duncan, Berry Duncan, Siney Duncan, Jefferson Duncan, John Duncan, Clarinda Duncan, Leroy Duncan, Mary Duncan, Caroline Duncan, & Wm. Duncan; 10 July 1843. Acceptance of service Sept. 6, 1843, by Wm. Smith as guardian at litum of Rosey Duncan, Berry Duncan, Siney Duncan, Jefferson Duncan, John Duncan, Clarinda Duncan, Leroy Duncan, (twice), Mary Duncan, Caroline Duncan & Wm. Duncan, of whom all are minors.
            Notice to Absent Parties; that Elizabeth Duncan one of the defendants resides outside this state, it is ordered she appear by 13 Oct. 1843 or her consent to the same will be entered of record, 10 July 1843.
            Writ in Partition; to Bower Griffen and John Smith, Commissioners, you are hereby required, with a surveyor if necessary, to go upon the lands described in the Writ of Summons wherein Sarah Duncan is applicant and Elizabeth Duncan & others defendants, to divide the same between the parties, that is, allowing the widow Sarah Duncan one third and the remaining two thirds between the said eleven children, to wit, Elizabeth Duncan, Rosey Duncan, Berry Duncan, Siney Duncan, Jefferson Duncan, John Duncan, Clarinda Duncan, Leroy Duncan, Mary Duncan, Caroline Duncan, & Wm. Duncan, and make a return to the court, 10 July 1843. Return by Bowen Griffin and John Smith, Commissioners, 18 Aug. 1843, that the four tracts of land are valued at $735.75, allowing to the said Sarah Duncan widow 125 acres whereon her husband died and where she now lives, at $312.50, and the other tracts valued as follows: 120 acres the farmer tract at $150, the Flyn tract of 125 acres at $191.75, the Wood tract 50 acres at $81.50, in all the amount of $735.75.
            Order for Sale; on due examination, it is ordered that the lands described in the Writ in Partititon, that the Farmer tract of 120 acres, the Flynn tract of 125 acres and the Wood tract of 50 acres be sold on sale day in November next or such other advantageous sale day, on a credit of 12 months, except for cost which must be paid at the time of sale, the purchaser giving bond and good security, with a mortgage if deemed necessary. By the 6 Nov. 1844 we or either of us promise to pay R.C. Poole, Ordinary, or his successor in Office, $185 for one tract of land, being part of the real estate of Samuel Duncan decd, sold on 6 Nov. 1843, Inst? 27 Nov. 1843, /s/ David Dautyer?, Jn? John Poole, John Poole. Twelve months after date we or either of us promise to pay R.C. Poole, Ordinary, or his successors in office, $150, being the amount bid for two tracts of land called the Flynn tract and the wood tract, being part of the real estate of Samuel Duncan, sold by order of said Ordinary, value received, 6 Nov. 1843; /s/ Wm. Smith, Sarah Duncan, wit. T.A. Rogers.
   Real Estate book, 1853-1870 (FHL film 1,022,783)
      No Wm. Smith, no Duncan
   Real Estate book, 1868-1881 (FHL film 1,022,783)
      Elijah Shippy pg.264 - looked at, not copied
      Wm. Smith pg.267 - looked at, not copied
      Pg.322: Estate of Sarah Duncan; Petition 12 Jan. 1876 by exec. Alvin H. Dean to sell real estate to pay debts; land of 100 acres adj. S.W. Turbyfield, Jefferson Duncan, and Alfred Timmons and Lucinda Smith; she owed about $500 but had personal property of only $70. Her heirs are Jefferson Duncan, Caroline Duncan, Sally Duncan. Land ordered sold; sold to A.H. Dean for $915 as highest bidder, 6 March 1876.
      Pg.486: Real estate of Jefferson Duncan decd, filed Feb. 2, 1878, E.J. Simpson admr. vs. Rosa (widow) and children Elizabeth, Eliza, Jesse and Hattie Duncan, minors; decd. owed over $600, personal estate was $146; petition to sell real estate. Decd. owned 113a adj. lands of Jas. Nesbitt decd, John Baxter's lot 3, and Middle fork of Tyger River, mortgaged. Appoint Ralph R. Carson guardian at litum of the minors. Land ordered sold; sold 1 April 1878 to Capt. F.M. Forinsen? for $330.
   Real Estate Cash Book, 1830-1836 (FHL film 1,022,786)
      No Duncan
   Real Estate Cash Book, 1836-1841 (FHL film 1,022,786)
      No Duncan
   Real Estate Cash Book, Vol.A, 1840-1866 (FHL film 1,022,786)
      A-23: Debit R.C. Poole Ordinary in account with the estate of Samuel Duncan decd: 1843, 6 Oct. Sold 120 acres of land; one tract called the Farmer Tract to David Doutybr (Dautyler?) for $185.00 and one other tract called the Flynn tract to Wm. Smith for $60. (blank) Acres sold to Wm. Smith called the Wood tract for $90. Due 6 Oct. 1844, $335.00; recd. $10 in part of costs; also recd. $13 balance of cost. Paid out of costs ...R.C. Poole Ordinary $12, Shff Nichols, parties? bil, surveyor fee, Commissioners fee, ordinary commissioner, file for settlement, $20.47. Sarah Duncan widow, Elizabeth Duncan, Rosey Duncan, Berry Duncan, Jefferson Duncan, Clarinda Duncan, Leroy Duncan, Mary Duncan, Caroline Duncan, Wm. Duncan, Liney Duncan, John Duncan. All paid by 12 Bowders????
 

Spartanburg Co. SC Equity Court Bills; Indexes 1821-1871
      Direct index (plaintiff) (FHL film 1,023,456)
      Indirect index (defendant) (FHL film 1,023,457)
            No Duncan
            No Shippey (Samuel Shippey had dau. Judah Duncan)
            No Pettis (Lucinda Duncan living with William Pettis in 1850)
            Unable to identify William Smith decd. Jul 1857

Spartanburg Co. SC Equity Court Report Books (relating to estates of decd. persons)
      Report Book 1844-1870 - no Duncan (FHL film 1,023,465)
      Report Book 1847-1868 - no Duncan (FHL film 1,023,466)
 

Spartanburg Co. Court of Common Pleas, Pleadings & Judgement Books; Indexes A-D, 1800-1920
   Direct index to Judgments (plaintiff) - Duncans pg.3 (FHL film 1,023,688)
      Roll 635, 1821, Charles C. Duncan vs. Jones Foster
      Roll 830, 1822, James Duncan vs. William Ward et al
      Roll 1233, 1826, Milly Duncan admx. vs. John Weathers
      Roll 1235, 1826, Milly Duncan admx. vs. Thomas Weathers
      Roll 2278, 1839, P.E. Duncan vs. William Cantrell
      Roll 2460, 1840, Baruch Duncan vs. William Abernathy
      Roll 2600, 1841, James Duncan vs. George Floyd
      Roll 4104, 1855, Charles Dunkin etc. vs. Landon Hewett
      Roll 4126, 1855, Charles Dunkin vs. Horton S. Reaves
      Roll 5439, 1867, Eloy Duncan vs. Berry Duncan
      Roll 6153, 1872, John A. Duncan vs. Polly W. Hunter
      Roll 6188, 1873, John A. Duncan vs. Polly W. Hunter
      Roll 7019, 1879, Leroy Duncan et al vs. A.H. Dean, Exor, et al
      Quit
   Indirect (defendant) - pages 5a & 5b to 1884 (FHL film 1,023,419)
      Roll 142, 1805, Thomas Burton vs. John Duncan, satisfied Dec. 11, 1806
      Roll 596, 1820, Wilson Nesbitt vs. C.C. Duncan, satisfied Aug. 6, 1821
      Roll 686, 1821, William Walker vs. C.C. Duncan et al, satisfied Dec. 12, 1821
      Roll 696, 1821, John Mathis vs. C.C. Duncan, satisfied Feb. 25, 1822
      Roll 704, 1821, Moses Wilkins vs. C.C. Duncan, satisfied April 1, 1822
      Roll 839, 1822, James Younger vs. C.C. Duncan, satisfied April 18, 1823
      Roll 937, 1822, Samuel Hunt vs. C.C. Duncan.
      Roll 2373, 1840, Isaiah Johnson vs. Bloomfield Duncan et al
      Roll 3989, 1852, J.S. Erwin vs. Charles Dunkin
      Roll 3812, 1853, Isham Brown vs. Chares Dunkin
      Roll 3863, 1854, Jefferson Choice vs. Charles Dunkin
      Roll 3864, 1854, Fielding Cantrell vs. Charles Dunkin
      Roll 3884, 1854, G.B. Breim vs. Charles Dunkin et al
      Roll 3898, 1854, William Butler vs. Charles Dunkin
      Roll 3899, 1854, S.J. Kernely etc. vs. Charles Dunkin et al
      Roll 3900, 1854, William Walker vs. Charles Dunkin et al
      Roll 3901, 1854, R.L. Martin etc. vs. Charles Dunkin et al
      Roll 3914, 1854, John Nance vs. Charles Dunkin et al
      Roll 4139, 1855, J.W. Maxwell et al vs. Charles Dunkin
      Roll 4597, 1867, John Thomson vs. Charles Dunkin
      Roll 5439, 1867, Eloy Duncan vs. Berry Duncan
      Roll 5975, 1870, Polly W. Hunter admx vs. John A. Duncan
      Roll 6271, 1875, James McMakin admr. vs. Jefferson Duncan et al
      Roll 7019, 1879, Leroy Duncan et al vs. Caroline and Sallie Duncan et al
      Roll 7093, 1879, Thomas W. Service vs. D.R. Duncan et al
      Quit
   Pleadings & Judgments
      Roll 142, 1805, Thomas Burton vs. John Duncan, trover; Burton lost his horse in June 1805, it came into possession of John Duncan who knew it belonged to Burton; suit to recover the horse; Judgment on 2nd Monday Nov. 1805, John Duncan admitted, Thomas Burton to recover, court order issued 11 Dec. 1805, satisfied 11 Dec. 1806. (FHL film 1,023,423)
      Roll 686, 1821, William Walker vs. Charles C. Duncan and William Clement, attached to answer on a plea of Trespass on the Case; on 3 Jan. 1820 they made a promissory note to said Walker for $147.25 and other notes, not paid; judgement Nov. 1821, defendant did not appear (indexed: satisfied Dec. 12, 1821) (FHL film 1,023,424)
      Roll 2373, 1840, Isaiah Johnson vs. Bloomfield Duncan et al; too faded to read (FHL film 1,023,427)
      Quit
 

"Richardson's Law Reports" Vol.9, 1856-1857, or "Reports of Cases at Law Argued and Determined in the Court of Appeals and Court of Errors of South Carolina" Volume IX, from November 1855 to May 1856 Both Inclusive, by J.S.G. Richardson, State Reporter, Annotated Edition, West Publishing Co., St. Paul, 1917. (CA State Law Library, Sacramento; from 9 Richardson's L.R. 68-74; from reference in "SC Marriages 1735-1885 Implied in SC Law Reports" Vol.2, by Barbara Langdon; see Rutherford & McDowell Co. NC, and Spartanburg Co. SC)
      Pgs.68-74: Appeals at Law, Columbia, Nov. & Dec. 1855. William Whitesides vs. H.S.A. Poole. Where creditors of a son-in-law seek to subject to their demands a negro which the father-in-law had permitted to go into the son-in-law's possession, it need not appear that the possession of the son-in-law was adverse. In a suit in this State the law of North Carolina must be proved before a question can be made under it.
      Before Wardlaw, J., at Spartanburg, Extra Term, September, 1855. The report of his Honor, the presiding Judge, is as follows: "Trover, for a slave Prudence.
      (MAD's extract:) The plaintiff lives in Rutherford Co. NC, 10 miles or more beyond the Court House; is old, and has for 20 years been so crippled with rheumatism that he cannot walk without help; has 12 children, who have all left him, and has about 12 negroes. To some of his children he has given a negro a piece, to others not. Fifteen or 20 years ago, Charles Dunkin, who is a carpenter, made a runaway match with Sarah, a daughter of plaintiff. After the marriage, Dunkin lived 3 or 4 years at Monford's Cove, in Rutherford Co., and subsequently he was for a year or so at Rutherford Court House, and for five, six or more years in Marion, in McDowell Co. NC. In the meantime he lived a year or so at the plaintiff's, before he went to Marion. In 1850 or early 1851, he came to work at Spartanburg Court House, leaving his family in Marion. In July or August, 1851, he took his family to the plaintiff's, and there they remained until Sept. 1851, when he with them removed to Spartanburg, where they all yet remain.
      Prudence, a black girl, now 20 or more years old, was born the plaintiff's. To Monford's Cove, Mrs. Dunkin took with her Lucy, a girl born the plaintiff's. Lucy ran away and returned to the plaintiff's. Prudence, then a small girl, went to Monford's Cove in Lucy's place, and ever afterwards, until she was seized by the Sheriff, was in the possession of Dunkin, wherever his family was.
      In July, 1854, the defendant levied on Prudence as Dunkin's property, under many writs of fieri facias against Dunkin, and a mortgage by Dunkin to F. Cantrell; and in August, 1854, sold her to Cantrell for $435 which was applied to the mortgage. Prudence was then worth from $700 to $800 and was demanded from the Sheriff by plaintiff's agent whilst she was in jail, before she was sold.
      Richard Whitesides, a son of plaintiff's, who lives near to his father, in his testimony stated much of what precedes and further as follows: At a camp-meeting in Rutherford Co. in Aug. 1851, I came in during a conversation between father and Dunkin. Father said that he would not let Dunkin have Prudence, but if he had a chance he would buy a girl and make her over to Dunkin's wife and children; that he was afraid Dunkin was so involved that he could not hold property. ... a few days afterward, (another conversation) father said Sarah might take Prudence for a while ...
      In Defence -- the Defendant showed 29 writs of fieri facias, some against Charles Dunkin, and some against Jarrott & Dunkin, partners, of whom Charles Dunkin was one: entered in Oct. 1853, March 1854, and June 1854, also the mortgage to F. Cantrell dated Dec. 30, 1852, including Prudence and another girl, about 23 years old, called Charlotte. ... Dunkin had bargained with Cantrell for a hotel and lot ...
      Plaintiff ... Dunkin had possession of Prudence 7 or 8 years, that the girl was his (the plaintiff's) because he had never given any bill of sale; he said nothing about the laws of NC nor about hiring her to Dunkin; ... by the laws of NC, title of a slave cannot be transferred without writings ... jury found for the defendant (H.S.A. Poole), plaintiff (Whitesides) appealed on grounds that possession was only temporary so could not confer any right on the creditors of Dunkin, and the laws of NC require conveyance in writing, and Dunkin was known where he lived not to be the owner of the girl; appeal and motion for new trial dismissed since proof of NC laws not produced, and possession was not proved temporary.
 

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