Duncans in Jefferson Co. TN


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

Last revised September 1, 2009

Formed 1792 from Greene, Hawkins
Sevier formed 1794 from Jefferson


1830 Jefferson Co. TN Census
Pg.294  John Dunkin           1110,101      - 2010,01
   295  Joel Dunkin           1110,1        - 1001,1
   303  John Moyers           1210,11       - 2101,001
   321  Aaron Newman          0011,0001     - 0001,1000,01
          (MAD: Aaron Newman mar. Elizabeth Duncan 2/9/1802
            in Greene Co. TN)
   325  Josiah Dodd           0100,1        - 2000,1
          (MAD: Josiah Dodd mar. Elizabeth Duncan 3/16/1824;
            not indexed 1840 TN census; 1840 ? Gallatin Co.
            IL census; 1850 Sangamon Co. IL census)
   326  Jane Dunkin           001           - 0001,1001
          (MAD: widow of John Duncan)
   336  John Moyers           0001,0000,1   - 0001,0001
          (MAD: looking for John Moyen? or Magers or Mayers
            mar. Keziah Duncan 2/21/1799)

1840 Jefferson Co. TN Census Pg.288 Philip Dunham 0021,001 - 0001,01 290 Joel Dunkin 1011,01 - 2110,01 320 Robert Miller 0000,1000,1 - 0010,0001 (MAD: looking for Robert C. Miller mar. Martha Duncan 1/5/1832; see 1840 Morgan Co. IL) 348 John H. Duncan 0000,1 - 0 John Duncan 0011,2001 - 0111,001

1850 Jefferson Co. TN Census (and from Roy Hall 2/1989)
Page numbers without parens are stamped page numbers, within parens are handwritten numbers
13th District
Pg.380 (760), #724-748, Ezekiah FRANKLIN 24 NC wheat Fan? maker $0
                  Elizabeth 24 TN
                  Joel B. 1 TN
                  (MAD: Ezekiah Franklin age 34 on printed census; Ezekiah Franklin mar. Elizabeth C. Duncan 1/3/1848)
Pg.380 (760), #725-749, Joel DUNCAN 49 (sic) SC farmer $1000 can't read/write
                  Nancy 45 TN can't read/write
                  Martha 19, Robert 16 TN
                  Mary 14, Nancy 12 TN
                  Narcissa (f) 10, James 8 TN
                  Joel 6, Margaret 4 TN
                  (MAD: Joel age 49 as given)
Pg.386 (772), #805-832, J.N. NEWMAN 35 TN farmer $0
                  Susan 25 TN
                  William CONUTT 21 TN farmer $0
                  Cassandra DAMRON 12 TN
                  (MAD: J.N. Newman age 36 on printed census)
Pg.386 (772), #807-834, Thomas TITSWORTH 49 TN farmer $5000
                  James O. 20 TN, Nancy C. 17 TN
                  Richard 15, John M. 13, Mary 13 TN
                  Elisha C. 11, Elihu M. 7, Hanah 6 TN
                  Martha 44 TN
                  (MAD: Thomas Tittsworth mar. Charlotte Duncan as his second wife; he d. 5/31/1863)
Pg.402 (803), #1019-1057, John H. DUNCAN 34 TN farmer $4000
                  Elizabeth 34 TN
                  Catharine 1, Mary H. 7/12 TN
                  (MAD: Overton Co. TN by 1857)
Pg.404 (808), #1065-1104, W. NEWMAN 45 NC laborer $0
                  Malinda 25 TN
                  Joseph B. 18, W.H. (m) 13, Letitia 12 TN
                  Jacob A. 8, Barbary E. 6, Geo. W.S.H. 2 TN
                  Andrew T. 2/12 TN
                  (MAD: one William Newman mar. Malinda Duncan 10/16/1835 Sumner Co. TN per Mary Louise Craven; this Malinda definitely age 25)
Pg.418 (836), #1271-1316, Isaac DUNCAN 21 TN farmer $4000
                  Charlotte 29 TN
                  Mary 21, Caroline 17 TN
                  John M. LEIPER 9 TN
                  (MAD: no Henry Leeper/Leiper indexed who mar. Charlotte Duncan; F.M. Leajser mar. Claudette Dunkin 7/2/1840 per one source, handwriting probably very poor on originals)
Pg.444 (887), #1650-1707, James H. KENEDY 24 TN Prof. Mathematics $0
                  many students, including
                  Isaac DUCAN 18 TN
                  (MAD: ??? 1860 Anderson Co. TN census age 28? wife Anna)

1860 Jefferson Co. TN Census
Pg.336, #107-109, John H. DUNKAN 45 TN farmer $17000-$15650
                  Sarah C. 31 TN
                  Catharine 12, Mary 10 TN
                  Margaret 8, William 5 TN
                  Robert 3, Charlotte J. 1 TN
Pg.367, #528-543, Dilly DUNKAN (f) 68 TN pauper on county
                  Susan CATES 60 TN pauper on county
                  Lotty HOLLY 45 TN BLACK pauper on county
                  (other adjoining households of paupers)
Pg.401, #1019-1057, S.I. CORBETT (m) 26 TN farmer $1000-$600
                  N.M. (f) 19 TN
                  N.B. (m) 28 TN (blank) $1000-$600
                  Mary 65 TN (blank) $500-$140?
                  (MAD: S.I. Corbet mar. N.M. Dunkin 2/9/1859. Info of Deborah Gaudier 5/2003: Shadrach Inman Corbett b. 22 Feb. 1831 d. 16 Jan. 1919 of influenza, wife Narcissus M. Dunkin or Duncan, b. 4 July 1840, d. 9 July 1904, had nine daus; Napoleon Bonaparte Corbett d. ca 1862 Civil War; Mary "Polly" Gresham Corbett d. ca 1884)
Pg.414 (171), #1201-1240, Philip TRAVIS 74 VA laborer $0
                  S.(f) 50 TN
                  L.(m) 26, A.(f) 18, E.(m) 25, M.(m) 16 TN
                  M.(f) 15, David 12, C.(f) 11, C.(f) 8 TN
Pg.414 (172), #1202-1241, Jas. TRAVIS 33 TN laborer $0-$100
                  M.(f) 24 TN
                  A.(f) 6, A.(m) 2, not named (m) 3/12 TN
                  (MAD: Ann Travis, dau. of Mary Duncan b.1836 (1850 with parents) mar. 1st at age 15 to Mr. Cornel or Hornel and then to Mr. Travis, per 1945 letter; no Cornel or Hornel marriage found to a Mary, no James Travis marriage found in "Early East TN Marriages")
Pg.414 (172), #1203-1241, Wm. TRAVIS 33 TN laborer $0-$75
                  M.(f) 25 TN
                  M.J.(f) 8, J.(m) 4, Wm. 3, M.(f) 7/12 TN
                  N. SNIDER (f) 20 TN
                  T.(f) 12, J.(m) 4 TN
Pg.415, #1221-1259, Joel DUNKAN 58 SC farmer $4000-$3000
                  N. (f) 57 TN
                  J.K. (m) 18, J.J. 15 (m) TN
Pg.416, #1237-1275, Robert DUNKIN 25 TN laborer $0-$0
                  E.A. (f) 27 TN
                  J.C. (m) 10/12 TN
Pg.421, #1296-1334, Thos. TITTSWORTH 58 TN farmer $8000-$6500
                  C.(f) 41 TN
                  Elihu 18, H.(f) 15, J.Mc.(m) 8
                  S.(f) 6, H.D.(m) 3 TN
                  John SHIELDS 91 PA mill right $0-$6000
                  (MAD: ? Charlotte Duncan, his second wife, ? possibly widow of Henry Leeper)
Pg.451, #1719-1755, Allen DUNCAN 33 TN laborer $0-$400
                  M.A. (f) 25 TN
                  F.E. (f) 6, J. (m) 3 TN
                  S. (f) 3, M.J. (f) 1 TN
                  (MAD: Allen Duncan mar. Mary Ann Jones 8/25/1853 Washington Co. TN; son of John Duncan & Mary)
Pg.474, #2066-2105, Cannon DUNKAN (m) 26 TN laborer $0-$600
                  H. (f) 24 TN
                  M.E. (f) 8 TN
                  (MAD: Kennon Duncan; 1850 Grainger Co. TN census Ganum or Gannon age 21 with Benjamin)
Pg.482, #2180-2220, I.A. DUNKAN (m) 32 TN farmer $7000-$2000
                  N.C. (f) 30 TN
                  L. BRANSET (m) 13 TN
                  S. TAYLOR (f) 4 TN
                  John LEEPER 17 TN laborer
                  David VANDYKE 50 TN laborer
                  (MAD: Isaac Duncan)

1870 Jefferson Co. TN Census
District 1, P.O. Flat Gap
Pg.306, #155-154, DUNCAN, Powel (m) 24 TN BLACK farm laborer $0-$0
                  Fannie 60 TN BLACK keeps house
                  BRADFORD, Joseph 11 TN BLACK farm laborer
Pg.311, #224-224, DUNCAN, Sarah C. 40 TN keeps house $2000-500
                  William 15, Robert H. 13 TN
                  Charlott 11, John 9, Isaac 7 TN
Pg.311, #225-225, DUNCAN, Isaac A. 40 TN farmer $4000-2092
                  Nancy 28 TN
                  Mary 6 TN
                  TAYLOR, Sallie 14 TN at home
Civil Dist. 2, P.O. Dandridge
Pg.327, #201-201, DUCAN, Hampton 74 VA BLACK farm laborer
                  Hettie 49 TN BLACK keeps house
                  HASKAL, Caroline 30 TN BLACK at home
                  John W. 12 TN BLACK farm laborer
                  Phillip 7, Frazier (m) 5, Adaline 3 TN BLACKS
District 8, P.O. New Market
Pg.423, #57-62, DUNCAN, Allen 45 TN farm laborer 0-$325
                  Mary A. 40 TN
                  Francis E. (f) 15, John 12 TN
                  Sarah 12, Mary J. 11 TN
                  Darcus C. (f) 10, Belle V. (f) 3 TN
District 10, P.O. Talbott Station
Pg.457, #12-12, DUNCAN, Joel 68 SC farmer $6000-$3000
                  Nancy 65 TN keeps house
                  Janus (m) 28 TN stationary engineer
                  Andrew J. 26 TN farm laborer
                  Georgia J?. (f) 25 VA no occupation
                  James H. 4/12 TN b.Sept.


Jefferson Co. TN Marriage Records 1792-1881 (FHL film 968,301)
      Pg.28, #277, Feb. 21, 1799, John Magers to Keziah Duncan, no return (MAD: indexed in marriage record book as Magers, not "o" or "y" or "n"; surname given in books by others as Magers, Moyers, Moyen?, Mayers)
      Pg.172, #1717, June 4, 1823, Abraham Childers to Eleanor Dunkin, mar. June 4, 1823 by Wm. Mills JP. (pg.174, #1737, Dec. 27, 1823, Nelson Chilton to Fanny Sheppard, #1774 Moses Childress, #1534, Childress)
      S.I. Corbet (groom) to N.M. Duncan (bride), 2/9/1859
      (MAD: books had listing without groom/bride distinction, initials not clear; original records were plain)

Jefferson Co. TN Original Marriage Record; filled-in forms (copy from Dora Jean Nobles 8/1995)
      License for marriage of Joel Duncan and Nancy Goforth, issued 27 May 1822.
      Bond of Joel Duncan (+) and Rowland Larimore for marriage of Joel Duncan and Nancy Goforth, 27 May 1822; wit. Robert Hamilton.
      Marriage Return book: #1679, May 27, 1822, Joel Duncan to Nancy Goforth, return May 28, 1822 by Isaac Barton, M.G.


Jefferson Co. TN Probate, typed (FHL film 24,714)
      1-133: Inventory Craven Dunkin, Oct. 21, 1801, by Agnes Dunkin, admx., incl. debt on John Carter; John Hays admr submitted sale bill Feb. 3, 1802, purchasers John Hayes, Agnes Duncan, and others. (MAD: See Roane & Morgan Co. TN for Agnes Duncan in 1814, 1824)
      1-297: Inventory Paul McDermott, returned Oct., 1807, included note March 5, 1805, from Stephen Duncan.
      Book 2 - no Duncan
      Book 3 - 1826-1840 - no Duncan
      Book 4 - 1841-1844 - no Duncan

Jefferson Co. TN Estates & Wills (FHL film 24,714)
      Vol.3, 1826-1840: No Henry Leiper ca 1841
      Vol.4, 1841-1844: No Leiper/Leeper etc.

Jefferson Co. TN Will (FHL film 968,313)
      Vol.5, Pg.234: 20 July 1853, Settlement with Mathew Leeper and Isaac A. Dunkin, admin. of estate of John Dunkin Decd. Sales on 22 Aug. 1850, sale of corn 26 Nov. 1850, inventory of notes, amount from estate of John Henry's decd since former inventory was returned $94.42-1/2, $5 owed by A.P. Goss, total $1865.90-1/2. Paid notes to Henry Dunkin principal & interest $47.08-3/4, to John Henry deceased principal & interest $191.10, to Charlotta Leeper principal & interest $48.85-1/2, to Anthony Caldwell one of admin. of estate of Thomas McSpaddens decd, paid Jas. Newman guardian of Silas Henry's heirs. Receipts for clerks fee, tax, etc. Proven account Matthew Leeper, several others. Paid out $1448.97-1/2, leaving $416.93. Receipt John H. Dunkin balance, paid 70 cents to John H. Dunkin. (other small sums paid out) $403.53 in hands of administrator on 29 Jan. 1853, but settlement not closed until this 20 July 1853. (MAD: see the John Duncan and Mary Henry Bible, married 4/5/1810, on pgs.116-118 in "Jefferson Co. TN Bible Records" by Hist. Records Project, on FHL film 24,708)

Jefferson Co. TN Index to Wills 1792-1971 (FHL film 968,311)
      Jno. H. Duncan, will 6-149; 1864 probate 14-613
      Joseph McCulloh, will 2-368; probate 7-286
      Probate book 7 (FHL film 968,314) - Pages 195 to 350 missing in book.
      2-368: 9 June 1816, will of Joseph McCullah of Jefferson Co. TN; rest of estate remain in hands of wife Eleanor McCullah during life or widowhood; then divided among children; son Joseph McCullah that part of my land which he lives on joining James Meeks land; "my heirs should make a deed to John Duncan for the land prescribed to him (if he stays on it and pays for it according to contract, viz., at the rate of two dollars per acre) but if he leaves it he is to be paid for his improvement according to the time he stays on it and his wife Jennet to share an equal part with the others that are gone or that may go away"; my daughter Elizabeth enjoy that part of land she now lives on if she stays on it till her mother's and my death and then have it for her part, viz, from Joseph's part to the west (east?) end of the tract, but if she leaves it and moves away she is only to share equally with those that are gone or may go away; my daughter Martha the plantation I now live on except that part I sold to Alexander Douglass but if she leaves ...; whosoever of my children stays on my land till their mother's and my death shall enjoy it and pay to those that are gone or may go as follows: to Margret Evans $100; to Eleanor Hasslet $100 &c. If my boys John King and John Turner shall stay and fulfill their time & perform their duty faithfully they should be delt with according to my engagements. My brother William should have my best suit of clothes if he survives me. Appoint wife Eleanor McCullah and friends Samuel Temple/Semple and Joseph Evans executors. Wit. James Harralson, Wm. Harralson. Codicil: my daughter Agnes King has been dead several years, her heirs should have a share but one English shilling; should my daughter Martha marry and die without issue, then one half of her inheritance should be divided among all my children and the other half to her husband if he marries her not otherwise. Recorded June 1822. (FHL film 968,311)
      6-149: 25 Aug. 1861; will of John H. Duncan, Jefferson Co. TN. All to wife Sarah C?. Dunkin for her use and use of my younger children until 12 years from this date and use of my older children as long as they remain with my wife as part of the family; in the event of wife's remarriage then this bequest to her use and said childrens use shall cease to exist; then lands sold and 1/3 value to wife; remainder to children; children Catharine B. Dunkin, Mary K. Dunkin and Margaret E. Dunkin each the sum of $400 after 12 years; if wife does not make money on property, then children paid as they arrive at 21; my younger children; equally divided amongst all of my children. Appoint James L. Swann and Isaac A. Dunkin executors. Wit. Wm. Zirkle, John Fry. Codicil 21 April 1864 about payment to children, wit. E.E. Gass, John Mort, Reuben Zirkle. Proved (no date shown). (FHL film 968,313)


Jefferson Co. TN Order Book 1801-1807 (FHL film 24,708, WPA typed, indexed)
      Oct., 1801 (pg.28): Agnes Duncan, Robert Carson and John Hays have leave to administer estate of Craven Duncan, decd, bond with Benjamin Bradford and Thomas Galbreith, sec.
      Oct., 1801 (pg.32): James Turner surrendered the body of Robert Carson in discharge of himself as bail at the suit of Benjamin Bradford against the said Robert Carson and others, administrators of Craven Duncan, decd.
      Oct., 1801 (pg.36): Agnes Duncan returned inventory of estate of Craven Duncan, obtained permission to sell same.

Jefferson Co. TN County Court Minutes (FHL film 24,712; SLC 6/2009; not all copied)
   Minute Book 4, 1807-1810
      Pg.51: Court 22 July 1807, John Duncan came into court and entered into bond with Adam Miller his security for indemnifying the county for the support and maintenance of an illegitimate child begotten on the body of Polly Smith and paid into Office the fine of three dollars and one half cents.
   Book 6, 1812-1818
      Pg.51: June 12, 1812, Winnefred Duncan vs. John Hood. Plaintiff recover $50 her damages.
      Pg.66: Sept. 15, 1812, Winnefred Duncan vs. John Neely Snr. She dismissed.

Jefferson Co. TN Court of Pleas & Quarter Sessions, 1831-1838 (FHL film 464,115)
      Minutes rewritten; no index

"Tennessee Reports - Report of cases argued and determined in the Supreme Court of Tennessee during the years 1860-61" by Thomas H. Coldwell (spine title: Tennessee Reports Cooper's Edition 41 - Coldwell); Vol.41, pgs.313 to 321 (California State Law Library, Sacramento, 1/2004)
      HILTON vs. DUNCAN and Wife; Supreme Court of Tennessee, Knoxville; 41 Tenn. 313; 1 Cold. 313; September, 1860, Decided.
      From Grainger. Upon the hearing of this cause before Chancellor SETH J.W. LUCKEY, at the March Term, 1860, a decree was rendered in favor of the complainant. Respondents appealed.
      WRIGHT, J., delivered the opinion of the Court.
      In the year 1823, William Hilton died intestate seized and possessed of a small tract of land of little value, situated in the County of Jefferson. Beside complainant, he left five other children, all of whom were daughters. Before his death, he had advanced to one of these daughters, an amount, consisting of fifty or sixty dollars, which was estimated by him to be her portion of his estate, real and personal, and while upon his death-bed, declared his desire to be, that complainant should pay his other daughters, out of his estate, or otherwise, such sums as would make them equal to the daughter to whom he had made the advancement, and that complainant, in consideration thereof, should have the tract of land above mentioned. After the death of the said William, his widow, to whom the declaration had been made, communicated the same to the said daughters and to complainant, all of whom assented to and acquiesced in the arrangement, as being a just and equitable diposition of the property of the intestate. The complainant paid the sum of money designated by the said William, to each of the daughters, in consideration of which they agreed to relinquish and convey to him their respective interest, as heirs of their father, in said tract of land; and all of them, save Anna Hilton, one of the daughters, have so conveyed and have not claimed said land, or any interest therein. The payment to said Anna, was made the 15th of January, 1827, and a receipt taken, of which the following, is a copy: "January 15th, 1827, received of Anna Hilton and James Hilton, fifty dollars, in full of all legacies, debts, dues and demands, I have against the estate of William Hilton, deceased. I say received by ANNA HILTON."
      The complainant and Anna Hilton were the personal representatives of the intestate, and the latter was his widow, and the receipt so executed to them was intended, by Anna, the daughter, to be a satisfaction of her share, in the real and personal estate of her father, in accordance with his desire so expressed just before his death. The widow never claimed dower, but resided with complainant and was supported by him till her death, in 1852, under an agreement that he should take care of her. The complainant took possession of this land, immediately after his father's death, having about one-half of it enclosed and under fence, claiming the entire tract as this own, under the arrangement above state; and has continued to posses and claim it and pay taxes on it ever since, using it and taking the rents to himself, a period of over thirty years. As before stated, the widow and one of the daughters, Hester, lived with him but neither of them claimed any interest in the land, conceding the title to be in complainant. The daughter, Anna, seems to have left the land very soon after her father's death, as did the other daughters, save Hester; but whether before or after her marriage, does not clearly appear. It is stated in the bill that she was of age at her father's death and though this is denied in the answer, there is no proof that she was an infant, nor is there anything to show at what time she married, or died. Neither she or her sisters ever received any rents from this land, or called upon complainant for any account in regard to them; and we are satisfied she and they were content with the settlement made in pursuance of their father's wish. The effect of complaint's possession is not neutralized by that of any one else. The residence of the widow with him, clearly could not produce any such result, and there is no evidence, nor is it claimed that his sister Anna, ever again resided upon the land. And though the child and heir of said Anna, after her death, was taken and raised by the widow of William Hilton and by complainant, yet it does not satisfactorily appear how long she lived with them, and the possession of complainant is not attempted to be effected by this circumstance.
      The defendants, Duncan and wife, the latter of whom is the said child and heir of Anna Hilton, have recently instituted an action of ejectment against complainant claiming an undivided one-sixth of this land, in right of her mother, the said Anna, as one of the heirs of William Hilton. To enjoin that suit this bill is filed, insisting that the purchase of the share of said Anna may be specifically executed in favor of complainant -- that any omission in the receipt to set forth the terms of the contract, may be corrected upon the ground of mistake in drawing it, and finally claiming title by lapse of time and possession. The defendants answer and submit to the jurisdiction of the Court, and among other things, rely, as a defense, upon the Statute of frauds. The Chancellor decreed that complainant had acquired title to so much of the share of the said Anna, as he had held enclosed for twenty years or more, but allowed defendants to recover one undivided one-sixth of the residue of the tract; and in proportion as complainant lost by the recovery, gave him a corresponding amount of the purchase money so paid said Anna with interest, and declared the same a lien on that part of the land so recovered, but denied defendants any account for rents, inasmuch as it appeared none were due, the title to the enclosed land having been perfected in complainants.
      The complainant does not appeal, or ask to disturb this decree, and we think it should be affirmed. In Leonard vs. Leonard, 10 Mass. 231, as cited in Angell on Lim., (ed. 1854,) 529, it was held that where lands were devised to a number of persons as tenants in common, and it was verbally agreed between them that one of them should give up his share, for a certain compensation, to the other devise, who thereupon entered upon his share, and excluded him from the possession, it was a dissiezin of such devisee: Boyd vs. Graves, 4 Wheat. 513, 4 L. Ed. 628. Prima facie the possession of one tenant in common, is to be regarded as that of the other. But, if one of them take the possession to himself, claiming the entire tract as his own, and receive the rents and profits to his own use, without any account to the other, and the other acquiesce in this, for a period of twenty years or more, an actual ouster of his companion may be presumed, and that he has released, or conveyed his interest, or share, to the party so in possession of a tract of land by one tenant in common, by a purchase and claim thereof in entirety and severalty, and not an undivided part thereof in co-tenancy, is an adverse possession: Ang. on Lim., 527-528; Doe vs. Prosser, Cowp., 217. So, that upon the proof in this record, we see no reason to question that complainant must be held to have a title to the extent of the decree of the Chancellor. And perhaps, upon the authority of Hubbard and Wood vs. Wood's Lesse 1 Sneed 279, the Chancellor might have held complainant's title perfected to the entire share under the effect of the first section of the Act of 1819, ch. 28.
      In relation to the purchase money, we think the claim to have it refunded is not barred by the Statute of limitations, because the cause of action accrued to the complainant only upon the election of the heir of the daughter, Anna, to resind and disaffirm the parol contract of her mother. It is true that either party could, at any time, for want of a writing, put an end to the contract, but they were no obliged to do so. So long as they were content with it, and were willing to abide by it and the complainant remained in possession of the land, without claim or suit by the said Anna, or her heir, not wishing himself to disturb the contract, and the other party not having done so, he could not, we apprehend, sue to recover back the money given in consideration of the land: Hurst vs. Means, 2 Snow. 594-599; 2 Sneed 546-548. It is true that in the case in Swan, the Court, in argument, hold to the reverse of this. But, that part of the opinion was unnecessary to the decision of the cause -- the contract there being in writing, and went upon the ground that a parol contract for the purchase of land was entirely void, and, for all purpose, the same as if it hand never existed. But in Sneed et als. vs. Bradley et als., 4 Sneed 301, it was held by this Court, that such a contract is not entirely void, but might be completed by the voluntary consent of the parties; and it was laid down as the correct rule, that while the vendor is able, and willing, and ready to perform the parol agreement, the purchaser can maintain no action to recover back the consideration money paid. And a fortiori, this must be so, where the purchase still retains the use and possession of the land.
      Had the Court of Chancery power to declare the purchase money a lien on the land? In McNaw vs. Toby, 6 Hum. 27, it was held this could not be done in the case of a parol sale. But no doubt the Court so held upon the ground the contract was wholly void, and that, in law, no legal consequences could grow out of it; for in the case of Alston vs. Boyd, same book, 504, where a contract was rescined for insanity, a lien upon the land restored to the lunatic, was declared for the payment of any balance due the defendant. And in the case in 4 Sneed, (above cited,) 305, it is held to be well settled, that if, upon the faith of such parol contract, the purchase money, in whole, or in part, has been paid, a Court of Equity, upon a bill for a specific execution, to which the Statute is set up as defense, will decree that the money be refunded with interest; and as against the vendors, it will be declared a lien on the land agreed to be conveyed; or, at law, the money may be recovered in an action of indebitatus assumpsit, or debt. And it has been repeatedly held, that as to improvements put upon the land by the vendee upon the faith of a parol sale, which the vendor refuses to complete, to the extent they have enhanced the value of the land, a Court of Equity will treat the land as subject to a lien therefor: 1 Meigs' Dig., 592. And in Pilcher and Cantates, admits, vs. Smith and wife, 2 Head 208, it was held that a covenant to convey real estate, executed by a feme covert, who is not invested with power to sell and convey the same as a feme sole, is void, and will not specifically executed by a Court of Chancery. But still it would be a fraud in her to avoid the contract without restoring the purchase money, and it will not be permitted. And in such a case, the purchaser may come into a Court of Equity, to obtain either a specific execution, or recision of the contract. And if the feme covert resist a specific execution, and the contract is rescinded, as an incident to the recision, the Court will order the repayment of the purchase money, and declare a lien upon the land to secure its payment.
      The defendant, Mrs. Duncan, as the heir of the vendor, Anna Hilton, must abide the case of her ancestor, and be subject to the lien. Decree affirmed.


Go to the Jefferson Co. TN Land Records


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.
      Duncum, Cannon, widow Duncum, Adeline; H 4 Tenn. Cav.; 1890 Feb. 8, Invalid Appl. #753955, Cert. #982728, Kans.; 1918 April 17, Widow Appl. #1118791, Cert. #848690, Tenn. (MAD: see ?? Jefferson & Grainger Co. TN)
      Duncan, Isaac A.; F 9 Tenn. Cav.; 1887 May 2, Invalid Appl. #608299, Cert. #516244, Tenn. (MAD: Knox Co. TN; 1890 Jefferson Co. TN)

Jefferson Co. TN "Form of a Declaration to be made by the Widow of a Deceased Person who desires a duplicate Land Warrant" (copy of original document from Mr. Buck Horner 11/1988)
      18 Nov. 1868, Elizabeth Ann (Horner crossed out) Duncan, age 40, resident of Jefferson Co. TN, daughter of Cavalier Horner, decd, who was a private in the company commanded by Capt. Copelin, Regiment of TN Militia commanded by Col. James Lillard in War of 1812; that her father made application for a land warrant & while the application was pending, he died on 1 April 1851 and the warrant 37430 was issued after his death. She makes this application for a new warrant such as she may be entitled to as his heir. ...

HISTORIES before 1923

1887 "History of TN; East TN" by Goodspeed (FHL book 976.8 H2ha Vol.2)
      Jefferson County:
      Pg.858: At the August term, 1796 (of the County Court), Samuel Duncan, John Bullard and William Carver were severally fined $2.50 "for fighting in the verge of the court".
      Pg.1168, Jefferson Co.: James Duncan, a farmer in the 10th Dist. of Jefferson Co. TN, was born in that county April 14, 1842, the son of Joel and Nancy Duncan. James Duncan was reared as a farmer. In 1861 he volunteered in Carter's regiment, Co. K, 1st TN Confederate Cavalry, and served as a private in said regiment until 1865. He was married, April 4, 1877, to Martha Jane Bettis, who was born Aug. 7, 1844, daughter of A.P.C. Bettis of Jefferson Co. They became the parents of 7 children, the eldest two deceased. The children living are Maggie E., born April 8, 1880; Joel C. born July 27, 1881; James W. born Oct. 16, 1882; Howell G. born Jan. 7, 1884, and Eva V., born June 8, 1886. James Duncan, since his marriage, has been a successful farmer. He owns 212 acres of land, of which 65 acres lie in Hamblen Co. and 147 acres in Jefferson Co.
      Pg.1171, Jefferson Co.: J.B. Franklin, traveling salesman, and a citizen of Talbott, was born near the latter place Oct. 23, 1848, and is the son of Hezekiah and Elizabeth (Duncan) Franklin. The father, a native of NC and of English origin, came to Jefferson Co. when of age, and settled where he now lives. He is a reserved, sober, industrious mechanic and farmer, ... and a highly respected member of the Methodist Episcopal Church. The mother, a native of this county, was an intelligent and noble Christian woman of all motherly and wifely graces, and died in Sept. 1881. She was the mother of four sons and four daughters. ...
      Pg.1182: J.N. Newman, farmer, born near Mossy Creek, Jefferson County, August 27, 1813, the son of Joseph and Catherine (Cate) Newman (more on parents, not copied here) ... Our subject lived on the home farm, with the advantages of a practical education gained in the country schools, and when of age became a brick-mason's apprentice, and worked for about six years at that trade. He is now one of the trustees of the Newman Female College of Mossy Creek. In 1844 he married Susan Duncan, who was born in 1826, in Jefferson County, the daughter of Maj. John Duncan. She was an amiable, Christian woman, and died June 3, 1884, a member of the Methodist Episcopal Church. They had no children.


Knox Co. TN Deeds
      B1-54: 17 May 1794, John Duncan of Knox Co., Ter. South of River Ohio, to David Campbell Esq. of Jefferson Co., $500, 206 acres beg. South Branch of Holston River 176 poles above mouth of French Broad River, down meanders of Holston to the mouth of French Broad River. Wit. H. Ramsey?, Jeremiah Jack. (FHL film 503,041)
      C1-28: 17 May 1794, John Duncan of Knox Co., Ter. South of River Ohio, to Jeremiah Jack of same, $500, 96-3/4 acres (similar to above) on North bank of French Broad River, including the First Island in said River above the mouth thereof, 44 acres on the bank and 52-3/4 acres on the island. Wit. H. Ramsey, Thomas Gillespie. (FHL film 503,044)
      C1-76: 26 Dec. 1792, Grant #992 NC to John Duncan, £10 per 100 acres, 302 acres in Green Co. in fork between Holston and French Broad River, including 1st Island. (FHL film 503,044)

Carter Co. TN Deeds (FHL film 847,620; from Alice Duncan 1978)
      A-286: 14 Jan. 1800, Lawrence Dunkin of Jefferson Co. TN to Thos. Millard of Carter Co., $300, Lawrence Dunkins patent grant #1287, bearing date 24 Nov. 1797, on the laurel fork of Dor River - same description as A-203, 100 acres. Wit. J. campbell, Timothy (X his mark) Miller, Solomon Campbell. Reg. 2 June 1801.
      A-300: 29 March 1798, Laurance Dunkin of Carter Co. to Wm. Russell, same Co., 100 pounds, 100 acres in Carter Co. on the Laurel Fork of Dor River ... beg. on the line of James Campbells land, east thence north to the creek. Wit. Solomon Campbell, Jesse (X his mark) Lay, Thos. (X his mark) Anderson. Reg. 10 June 1801.

Overton Co. TN Deed (FHL film 981,136)
      N-605: 22 Sept. 1857, John S. Daugherty of Overton Co. TN to John W. Duncan of Jefferson Co. TN, $1900, (1) 50 acres adj. survey whereon Henry Yore now lives, survey in name of Joseph Copland; (2) adj. orig. tract, including 76+ acres where I now live; (3) 28 acres adj. above tract, etc. Wit. A.F. Pain, John H. Irvine.


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