Duncan research files of
1850 Austin Co. TX Census (and from Lucille Mehrkam 1983)
Pg.99, #93-93, J.P. SHELBORN (m) 59 VA farmer $8800
Nancy 53 VA
Henry 24 TN farmer $0
Tennessie (f) 16, Andrew 14 AL
Jane DUNKIN 80 VA
Mariah SHELBORN (f) 16 TX
G.W. SHELBORN (m) 22 TN farmer
C. HILBOUN (m) 28 SC farmer
Virginia 18 AL
Mathias (m) 2 TX
(MAD: John Shelborn mar. Nancy Duncan 7/15/1814 in Williamson Co. TN)
1860 Austin Co. TX Census
Pg.221, #573-573, Isacc DANKIN (m) 72 NC farmer $14492-$17450
E. (f) 52 GA "(wife)"
W. COLE (m) 6 TX (MAD: does not say child)
(MAD: 1850 Montgomery Co. AL census)
Pg.221, #574-574, L. DANKIN (m) 43 GA "Do" (farmer) $0-$3450
N.E. (f) 40 SC "(wife)"
S. (f) 20 GA "(children)" (written sideways for these)
I. (m) 18 AL
J. (m) 13 LA
F. (f) 11 LA ("Do")
E. (f) 8 LA ("Do")
M. (f) 5 LA ("Do")
W. THOMPSON (m) 37 GA "Do" (farmer) $0-$2000 (not child)
(MAD: 1850 Ouachita Co. LA census)
1870 Austin Co. TX Census
Precinct 3, P.O. San Felipe
Pg.308, #40-40, DUNCAN, Lovett 55 GA farmer $0-$100
Mary Elizabeth 59 SC keeping house
James L. 23 LA farmer
Emily Judson (f) 18 LA at home
Martha 16 LA at home
THOMPSON, Marth F. (f) 11 LA at home
John A. 9 TX
(blank) Lucy (f) 12 LA MULATTO domestic servant
Pg.308, #42-43, ALLEN, James W. 37 TX stock raiser & farmer $1000-$0
Penelope 40 AL keeping house
Winnie M. (f) 15 TX at school
Miles J. (m) 13 TX at school
Susan 11 TX at school
Mary Eliza 8 TX
Samuel N. 4 TX
Jack L. 1 TX
DUNCAN, Eliza 62 GA at home
COLE, Glorinia A. (f) 10 TX at school
FRITY, Daniel C. 17 TX attends stock, parents of foreign birth
McELROY, William 15 NC BLACK work in farm house
Austin Co. TX Index to Marriage Records 1824-1974 (FHL film 1,019,272; SLC 6/2009)
Duncan, Isaac W. to Mary A. Koots, C-139/140, (month?)/18/1854.
Duncan, Isaac to Mrs. Eliza Johnston, D-26, 7/1/1859, #52
(next Duncan male was 1881, not copied)
Duncan, Mary Ann to Enos Cooper, D-22, 5/7/1859, #43
Duncan, Frances to John C. Tuff, D-384, 8/19/1869, #765
(later Duncan females not copied)
Austin Co. TX information from Betty Vaughn 8/2007; her transcript, MAD's slight reformatting. MAD: She is related to the ALLEN, JOHNSTON, and TUBBS families, who intermarried with Isaac Duncan's family. She commented that Isaac Duncan's last wife was Eliza McGee Johnston.
and Austin Co. TX Deed Book H (FHL film 1,017,506; SLC 6/2009) Pgs.373 to 376: (typed deed book) Isaac Duncan and Eliza Johnston, Marriage Contract. Record No.258.
(Isaac Duncan and Eliza Johnston.) (Marriage Contract.) Record No. 258.
State of Texas, Austin County ) Know all men by these presents, Whereas, we Isaac Duncan & Eliza Johnston both of the County and State aforesaid, being about to intermarry & unite ourselves in matrimony each with the other agreeably to the laws of the State of Texas, and being desirous of settling all matters of property between us before entering into the marriage state and for a more full and explicit understanding of the same and for the purpose of securing to the said Eliza, should she survive the said Isaac, a competent support and maintenance during her life time out of the property of the said Isaac, do enter into, make & establish the following marriage contract between us the sd. Isaac & Eliza as aforesaid, towit: The said Eliza Johnston is to hold and reserve to herself & for her own use and benefit and disposal as she may deem fit and proper all property now possessed, owned or claimed by her as her separate property and shall be at full liberty to dispose of the same during her coverture, or marriage with the said Isaac, by gift sale, or by last will and testament & to receive the rents issues and profits of the same and to use occupy and enjoy the same with the increase thereof in as full and free a manner as she might or could do, should she remain sole and unmarried, The said Eliza further and in consideration of the premises herein before & hereinafter mentioned relinquished all right title and claim to the common request and gains that may accrue during the said coverture and also the homestead of the said Isaac, but all the said common property & said homestead shall be and remain the property of the said Isaac to be used and disposed of as he may think fit and to be inherited, possessed and enjoyed by his heirs or assigns of legatees the same as any other property of the said Isaac shall or may be. And in consideration of the premises aforesaid and by the further consideration of said Eliza's becoming the wife of the said Isaac & for the purpose of securing to the said Eliza the support & maintenance herein before mentioned the said Isaac hereby sets apart to the sale use and benefit of the said Eliza the sum of four Thousand dollars, the said sum of Four Thousand Dollars to be used occupied & enjoyed by the said Eliza for and during the term of her natural life the sum of Four Thousand Dollars to be paid to the said Eliza within three months after the decease of the said Isaac, by his executors, administrator or legal representatives of as soon after the said three months as the said Eliza shall demand the same. But after the decease of the said Eliza the said sum of Four Thousand dollars or the remainder thereof after defraying the expenses and support of the said Eliza during her said lifetime, shall revert to, & be inherited by the heirs of the said Isaac & not by the heirs of the said Eliza; but this reversion shall apply only to the principal and not to the interest upon the Four Thousand Dollars, But should the said Isaac survive the said Eliza, then & in that case the whole community property of the said Isaac & said Eliza together with the said sum of Four Thousand dollars, shall become the property of the said Isaac his heirs and assigns forever - And the better to secure the faithful performance of this marriage contract we the said Isaac & Eliza hereby declare jointly and severally that the property & money herein mentioned or intended so to be, & conveyed, relinquished or set apart by either to the other, is excepted out of any will & testament or bequest heretofore made by either of us & such will or bequest in so far as the same conflicts with this contract or agreement is hereby revoked but not otherwise & in all other respects said will & testament or bequest may remain in full force & effect. And we further severally declare this contract as to the matters embraced in the same shall have the same force and effect between the survivor and the "Estate of the one who shall decease first as a last will and testament of the party so deceased and should the said Eliza decease first then the said Isaac shall be the executor of the said Isaac's last will & testament or his administrator shall perform the covenants herein before made - This contract is to take effect as a valid and subsisting agreement from and after the intermarriage of the _ Isaac Duncan and Eliza Johnston.
In testimony whereof we the said parties have hereunto interchangeably set our hands and scrolls for the seals in the presence of Hiram B. English, George D. Gaylord and John P. Osterhout (a Notary Public) who sign the same at our request as witness in our presence and in the presence of each other This 1st day of July A.D. 1859. The words "The Estate" interlined before signing ?
(signed) Isaac Duncan (L.S.), Eliza Duncan (L.S.)
In presence of Hiram B. English, George D. Gaylord, Jno. P. Osterhout
State of Texas, Austin County. Before me John P. Osterhout a Notary Public in & for said County & State personally appeared & came Isaac Duncan & Mrs. Eliza Johnston both to me well known & parties to the annexed contract dated the 1st. day of July, A. D. 1859 & severally acknowledged that they & each of them signed, sealed & delivered the same for all purposed intentions & considerations therein contained and at length set forth.
Austin Co. TX information from Betty Vaughn 8/2007; her transcript, MAD's slight reformatting. MAD: She is related to the ALLEN, JOHNSTON, and TUBBS families, who intermarried with Isaac Duncan's family. She commented that Isaac Duncan's last wife was Eliza McGee Johnston.
Isaac Duncan - Last Will and Testament
To the Chief Justice of Said County
Your petitioner Lovett Duncan a citizen of said county of Austin and one of the Executors & Legaltees of the Last Will & Testament of the late Isaac Duncan of said County ______ _ would represent that the accompanying instrument of writing is the last will and testament of Isaac Duncan dec'd.
Petitioner therefore prays that notice of this application for the probate of said will be given forthwith & that he be permitted to prove said will of the said Isaac Duncan at the next term of Your Hon Court & as in duty bound, your petitioner will even pray. (signed) Lovett Duncan Ex
Jno W Chandler atty, for Petitioner & alternative Executors
Filed September 19th 1861 and Recorded Oct. 18th 1861
Z W Mathews CCC Als
Texas Austin County
I Isaac Duncan of said County of Austin, State of Texas being of sound mind and memory do make and ordain this to be my last Will and Testament.
First I command my spirit to God who gave it and body to the earth to be decently buried at the discretion of My Executor hereafter named.
First that all my just debts be paid I give my property and affects of any kind or charrector Whatsoever and every thing hereafter may be acquired by me to be disposed of for the benefit of my several heirs. My beloved wife Eliza Duncan and I Isaac Duncan entered into a marriage contract according to law and the same recorded before our marriage in the clerks office of said County for her maintainance during her natural life for the consideration of the full sum of four thousand dollars and at her death the said $4000.00 is to be paid over to my several heirs without interest.
Milly Jane Pitts my eldest daughter has already been advanced by me to the amount of Thirteen Hundred and Nineteen dollars and it is my will that she shall have at my death but the sum of Ten dollars as her full Share of my estate or partitions of the same.
To my son Lovett Duncan and the three children of my deceased daughter Amy Civil Hurley and the two children of my deceased daughter Lydia Elizabeth Cannon and to my daughter Tabitha Collingsworth this is my will that their interest and distribution Shares shall be equal that is my son Lovett Duncan and the three children of my said daughter Amy Civil Hurley and the two children of my daughter Lydia Elizabeth Cannon and to my daughter Tabitha Collingsworth it is my will that their interest and distribution Shares shall be equal, that is the three children of deceased daughter Amy Civil Hurley whose names are James C. Hurley, Mary Elizabeth and Rebecca their sister, and the two children of my deceased daughter Lydian Elisabeth Cannon whose names are Oliver Cannon and Isaac Newton Cannon all of whose names are to represent and take one equal share of their Mothers deceased but all advancements made by me are to be accounted for in equalizing Shares which said advancements are as follows:
To Lovett Duncan the full value of $5589.00 five thousand five hundred and eighty-nine dollars, To Amy Civil Hurley to the value of $662.50, Six Hundred and Sixty-two dollars and fifty cents has been advanced. To Lydia Elisabeth Cannon the value of $1645.00 Sixteen hundred and forty-five dollars, and to Tabitha Collingsworth the value of $2394.64. Two thousand three hundred and ninety-four dollars and sixty-four cents. It is also my will that all of my Real Estate, Negros and other personal property after my decease be sold at public auction in such time as my Executors may think best. I leave son Lovett Duncan My grandson James C Burley who at this time lives out of state and should he not accept of said Executorships, I so hereby appoint my friend John W Chandler as My Executor to this my last will & testament that said Executors or any two of them do -----fully, ____, ______ execute this my last will and testament and ____ I do hereby revoke and set aside all other former wills.
In witness of all of which I hereunto set my hand and Scrawl for seal this 29th day of January A. D. 1861. (signed) Isaac Duncan (seal).
In the presence of Jas W. Allen, Daniel N Chandler, Seaman Eidmon
The Sate of Texas, County of Austin. Before me Z.W. Mathews clerk of the County Court within and for the County and State foresaid personally appeared in open court on this Monday September 30th, A.D. 1861 James W. Allen, Daniel N. Chandler, and Seaman Eidmon, whose names appear as Witnesses to the above above and hereto attached will of Isaac Duncan dec'd which is herewith shown to them, and upon oath say and subscribe the same, that they signed the said will as Witnesses, at the instance and request of the said Isaac Duncan, who was at the time of signing thereof of sound mind and memory and declared to then that the same was his last will and testament.
Sworn to and subscribed before me in open court this the 30th September A. D. 1861. (signed) Z. W. Mathews CCC A le
D. N Chandler, Jas W. Allen, Seaman Eidmon
Filed September 19th 1861 and recorded October 18th A. D. 1861
Z. W. Mathews CCC A le
Lovett Duncan Executor of the last will & testament of Isaac Duncan deceased, the executor charges himself with cash receipts follows
Nov 15h 1861 Rec'd of L. L. Johnston (note) 47.40
Jan 3rd 1862 " Wm Cooke (100 lbs ?) 50.00
" " " E. Cooper (1090 lbs pork) 47.10
" " " W. S Thompson (100 lbs pork) 9.00
" " " J. B Alenburn Halling cotton 5.00
" " " Jas. L. Cole (30 bar. Corn) 15.00
April 17 " Mr. Cook (Halling corn) 5.00
May 3 " " T. Phillips (320 lbs bacon) 44.80
" " " D. J. Parker (120 lbs suet) 7.20
Sept 27 " Jas L Cole (50 bus corn) 37.50
" " " G. Brantley (10 bus corn) 7.51
" 30 " A. Hugernian (164 1/2 " " @75c) 123.35
" " " Laughammer (60 " ") 45.00
" " " A Blum (on cotton and halling 3856.30) 2956.30
June 13 " " ____ Cunningham (" " ") 75.90
Sept " " R. P. White (924 bus corn) 19.17
" " " F. Bashauh (25 bus corn 1-1/2 meal) 20.00
" " " M. Phillips (beef) 15.00
" " " Harman 16.00
March " " E. Cooper (hire of slaves) 36.00
" " " Mr. Jones (9.4 lbs Tallow) 9.00
Austin Co. TX Probate & Succession Records; index 1837-1977 (FHL film 1,017,519; SLC 6/2009)
Pg.75: Estate of Isaac Duncan, deceased. File No. "14(12)" (blank date filed)
Austin Co. TX Succession Records, Vol.M (FHL film 1,017,524; SLC 6/2009)
Index pg.19: M-11/12: County Court Sept., 1861, petition for probate of will of Isaac Duncan. Heirs include Milly Jane Pitts, and her husband Jesse Pitts.
M-11/12: Petition for Probate of Will, Estate of Isaac Duncan decd, Sept. 1861. Petition by Lovett Duncan, citizen of Austin Co. TX and one of the executors and legatees of will of late Isaac Duncan of said county deceased, [submits] will and asks that notice of the application for probate be given. /s/ Lovett Duncan, Jx?, Jno. W. Chandler atty for petitioner and alternative executor, filed September 19, 1861, and recorded Oct. 18, 1861.
Will of Isaac Duncan of Austin Co. TX; debts be paid; desire my property and effects of any kind or character whatsoever and everything ... to be disposed of for the benefit of my several heirs. My beloved wife Eliza Duncan and I Isaac Duncan entered into a marriage contract according to law and the same recorded before our marriage ... for her maintenance during her natural life for the sum of $4,000 and at her death the said $4,000 is to be paid over to my several heirs without interest. Milly Jane Pitts my eldest daughter has already been advanced by me to the amount of $1,319 and it is my will that she shall have at my death but $10 as her full share of my estate. To my son Lovett Duncan and the three children of my deceased daughter "Amy" Civil Hurley and the two children of my deceased daughter Lydian Elisabeth Cannon and to my daughter Talitha Collinsworth it is my will that their interest and distribution shares shall be equal. That is my son Lovett Duncan and the three children of my daughter Anny Civil Hurley and the two children of my deceased daughter Lydian Elisabeth Cannon and to my daughter Talitha Collinsworth, it is my will that their interest and distribution shares shall be equal, that is the three children of deceased daughter Anny Civil Hurley whose names are James N?. Hurley, Mary Elizabeth and Rebecca their sister, and the two children of my deceased daughter Lydian Elisabeth Cannon whose names are Oliver P. Cannon and Isaac Newton Cannon all of whose names are to represent and take one equal share of their mother deceased but all advancements made by me are to be accounted for in equallizing said shares, which advancements are as follows: to Lovett Duncan $5,589. To Anny Civil Hurley $662.50, has been already advanced. To Lydia Elisabeth Cannon $1,645.00, and to Talitha Collinsworth $2394.64. All of my real estate, Negroes and other personal property be sold at public auction on such terms as my executors may think best. I leave my son Lovett Duncan, my grandson James C. Hurley who at this time lives out of this state and should he not accept of said executorship, I do hereby appoint my friend John W. Chandler as my executors of this will, that said executor or any two of them ... hereby revoke and set aside all former wills. 29 Jan. 1861. /s/ Isaac Duncan. Wit. Jas. W. Allen, David N. Chandler, Seamon Eidman. September 30, 1861, James W. Allen, David N. Chandler and Seamon Eidman appeared to prove the witness. Filed Sept. 19, 1861, recorded October 18, 1861.
Austin Co. TX Deed Indexes (SLC 6/2009)
Direct v.A-B, 1837-1890 (FHL film 1,017,501)
#102, Duncan, Isaac to Johnston, Eliza, May 7, 1859, marriage contract, 4 July 1859, recorded 20 July 1859, H-373,4,5,6, #258. (pg.54)
#191,192,193, Duncan, Isaac Est. by Duncan, L., exr, to English, R.B., Sommerville 480 acres, Hanouen? Tract 200 acres, and Hillyard Tract 496 acres, Jan. 30, 1863, deed, 11 June 1864, rec. 11 June 1864, L-226,7,8, #208. (pg.55)
#265-268, Duncan, L. Exr of Isaac Duncan, to English, R.B., Sommerville 307-1/2 acres, part of Labors 12 & 16, 200 acres; Pitts Tract 162-1/2 acres, Hillyard Tract 496 acres, Jan. 30, 1853, deed, rec. 23 Nov. 1868, N-403,4,5, #433. (pg.57)
Reverse v.A-Z, 1835-1897 (FHL film 1,017,502)
Duncan, Isaac from Somerville, A., Jan. 5, 1853, deed, A-234, #227, 307-1/2 acres, F-490, #355
Duncan, Isaac from Hillyard, James, April 1, 1857, deed, A-99, G-57/58, deed, Trevenes Autenio, 196 acres
Duncan, Isaac from Mallett, James L., April 1, 1859, deed, A-168, #235, H-229-30, #151
Duncan, Isaac from Cannon, Henry, Dec. 12, 1856, deed, A-47, #344, 200 acres, I/J-649, #553
Duncan, Isaac from Pitts, Jesse & wife, July 4, 1859, deed, A-208, #244, 162 acres, deed, K-104
Duncan, L. from English, B.B., Jan. 30, 1863, mortgage, A-65, #174-177, Sommerville 307-1/2 acres, Cannon H. Tract 200 acres, Pitts Lease 162 acres, Treverus? Autonis 496 acres, Jan. 30, 1863, deed, L-103-4
Austin Co. TX Deeds (SLC 6/2009)
F-490: 5 Jan. 1853, Alexander Somerville of Matagorda Co. TX for $1835 to Isaac Duncan of Austin Co., land in Austin Co. about 6 miles below San Felipe, on west bank of Brazos River, upper corner of tract I today sold to Jesse Pitts (meets & bounds not copied), 307-1/2 acres. Wit. Jas. Hillyard, R.D. McDurmon. Proved by Jas. Hillyard in Austin Co. (FHL film 1,017,505)
G-57/58: 1 April 1857, Jas. Hillyard of Austin Co. TX to Isaac Duncan for $1,000, tracts on west side of Brazos River 5 miles below San Felipe ... except 50 acres to be taken off end nearest the Brazos River adj. Labor No.11, leaves 496 acres, conveyed to me by Alexander Somerville, being the labor of land granted Antonio Trevinis and a part of the augmentation granted to said Somerville by the Government of Texas. (no wife). Wit. Wm. W. Waller, N.H?. Goss. (FHL film 1,017,505)
"The Texas reports : Reports of Cases Argued and Decided in the Supreme Court of the State of Texas during the latter part of Austin Session 1856 and the whole of the Galveston Session 1857" by O.C. & R.K. Hartley; Vol.18, pgs.541 to 545 (California State Law Library, Sacramento, 1/2004)
ISAAC DUNCAN v. LEONARD BULLOCK; Supreme Court of Texas, Galveston; 18 Tex. 541; 1857, Decided.
Appeal from Austin. Tried below before the Hon. James H. Bell.
Petition filed February 5th, 1856, as follows: The petition of Isaac Duncan, a citizen of the county of Austin, praying for an injunction and certiorari in a suit lately decided in Austin county, before William Cooke, a justice of the peace, in beat No. 1, in Austin county, wherein Leonard Bullock was plaintiff, and petitioner defendant, on the first Saturday in October, 1855, when and where judgment was entered up against your petitioner for the sum of thirty dollars principal, and three dollars and ten cents, costs and interest, respectfully represents that heretofore, on the first Saturday in June, 1855, before James Hillyard, a justice of the peace in beat No. 1 in Austin county, petitioner obtained a judgment against the said Cooke, for the sum of $80; that the said Cooke then and there took a stay of execution upon said judgment, and executed the proper bond, and that subsequently, and before the expiration of said stay, the said Hillyard resigned his office, and the said Cooke was elected his successor, and received from the said Hillyard his docket and papers; that at the expiration of the stay upon said judgment, your petitioner, by his attorney, applied to the said Cooke for an execution; that the said Cooke refused to issue the execution, but falsely and fraudulently promised petitioner's attorney to pay the same by or before the time that an execution would be legally returnable. Now your petitioner represents that, previous to the rendition of the judgment first aforesaid, the said Cooke rendered a judgment against your petitioner for the sum of thirty dollars and fifty cents and costs in favor of Rosa Ann Burns, and that your petitioner prayed for and obtained a certiorari and supersedeas against said judgment, a copy of which is hereto annexed, marked exhibit "A," and prayed to be made part of this petition. Petitioner represents that he is informed and believes that the said Cooke has become the owner of the judgment first aforesaid, mentioned in favor of the said Leonard Bullock, and that in the month of January, A. D. 1856, the said Cooke issued two executions against your petitioner upon the aforesaid judgments, and appointed a special constable to execute the same. Petitioner represents that, understanding and believing that the judgment aforesaid of the said Bullock was the property of the said Cooke, he solicited and procured Jacob Hill to call on said Cooke and offer to deduct the amount of said judgment from the judgment in favor of your petitioner, and, if he refused, to tender the said Cooke the amount of the said judgment and costs in American gold, which the said Hill then and there did. But said Cooke refused to do either, unless petitioner would pay and satisfy the judgment in favor of the said Rosa Ann Burns, and which your petitioner had already enjoined because of its injustice. Petitioner further represents that said Cooke is now pursuing your petitioner with said executions, thereby to seize and sell your petitioner's property to satisfy the same; that the judge of this district has lately died, and he therefore applies to the nearest judicial officer for relief. Wherefore, the premises considered, petitioner prays your honor to grant him your writ of certiorari and injunction, commanding the said Cooke to send up a true transcript of the proceedings, and all the original papers in the suit of the said Leonard Bullock; that he be enjoined from all further proceedings in the premises, and that, upon a final hearing, the said Cooke be condemned to pay your petitioner the balance of his judgment aforementioned, the sum of five hundred dollars damages for his false, fraudulent and contumacious conduct, and for the wrongs and injuries done your petitioner in the premises, etc.
There being no judge of the first district, at that time, the petition was presented to Judge Gray, of the seventh district, by whom a certiorari was ordered, as prayed, upon giving bond in the sum of $200. Bond given and certiorari issued. Citation issued for Bullock and returned served.
Bullock filed a general demurrer, and assigned special causes, as follows:
1st. That said petition does not allege that any error was committed by said justice on the trial of said cause; neither does it show by any allegation of facts, that any error was committed.
2d. It does not show that any injustice was done petitioner in said judgment.
3d. It does not show that the petitioner was deprived by said justice of any defense, nor does it allege that petitioner attempted to make any defense, nor does it even allege that he had any defense to offer to said suit.
4th. It appears that application was not made for said writ of certiorari within ninety days from the time when said judgment was rendered, nor does it give any reason why application was not sooner made.
5th. It appears from the transcript sent up by the justice, who tried said cause, that petitioner had, within ten days from the rendition of the judgment, given security according to law for a stay of execution.
Exceptions sustained, and petition dismissed.
(opinion) WHEELER, J. The defendant, Bullock, was a proper party to the suit, inasmuch as it was proposed to enjoin a judgment rendered in his favor. Although process of citation was not prayed against him, he was cited and appeared; and the only question is whether the petition was rightly dismissed on his motion. We think not. The exceptions to the petitions suppose it to have been designed to remove the case into the district court for a new trial. But that was not its object; and neither the statute prescribing a limit to proceeding by certiorari, nor the practice relative to that proceeding are applicable. The certiorari was only to bring before the court the record of the judgments which it was proposed to set off one against the other. The proceeding was to compel the defendant Cooke to admit the set-off. If it was true that the judgment had been assigned to him, it was the right of the plaintiff to have his judgment set off against it.
The fact of the assignment of the judgment is not as clearly and distinctly stated as it might have been, but the exceptions did not question the sufficiency of the averment. Nor was the fact of the assignment denied. It must therefore be taken to be true. The petition might have been objected to on the ground that it did not pray process of citation against Cooke. But it was not too late to amend in that particular.
If the petition be true, the plaintiff has merits. The exceptions were not tenable; and we are of opinion that the court erred in dismissing the case. The judgment is reversed and the cause remanded. Reversed and remanded.
Pike Co. AL Deed (FHL film 1,302,236)
H-440: Austin Co. TX, 30 July 1853, Isaac Duncan and wife Hannah of afsd to Norman McLeon of Pike Co. AL, for $1900, land in Montgomery and Pike Co. AL, 10 acres by Creg's deed for same, and NW 1/4 SW 1/4 Sec.35 of 40 acres, and E 1/2 Sec.34 of 320 acres, and NE 1/4 SW 1/4 and W 1/2 SW 1/4 of 120 acres of Sec.34, and SE 1/4 Sec.33 except 11 acres deeded to Carloss? containing 149 acres, all in Twp.12 R20, Montgomery Co. AL; and NW 1/4 NW 1/4 Sec.4 of 44-1/2 acres, and NE 1/4 Sec.4 of 178 acres, and W 1/2 NW 1/4 Sec.3 Twp.11 R20 of 89 acres in Pike Co., total in all according to survey 950 acres; wit. O.C. Thompson; appeared in Austin Co. TX before Joseph Deshields NP. (MAD: Isaac Duncan mar. Mrs. Hannah Jones 1/11/1853 Ft.Bend Co. TX)
1894 "Memorial and genealogical record of southwest Texas : containing biographical histories and genealogical records of many leading men and prominent families" pub. by Goodspeed Brothers (Houston, TX, library book 976.4 M533; from Lucille Mehrkam 2/1984; and FHL book 976.4 D3mg)
Pg.511: O.G. CANNON. One of the old settlers and extensive stockmen of Austin Co. TX, is O.G. Cannon, who has proven a progressive, public-spirited and useful citizen of this section. He owes his nativity to Montgomery Co. AL, where he was born in 1847, to Henry and Elizabeth (Duncan) Cannon, natives also of AL. The family came to Texas in 1849, and settled in Austin County, five miles south of San Felipe, where the father tilled a large plantation for three years. In 1853 he moved to what is now Ft. Bend County, and was there engaged in stock business until his death in 1870. In 1862 or 1863 he joined the Confederate Army, with which he served until the close of the war, his services being confined to the state of Texas. He brought three slaves with him to this state, but while coming thither by water from Mobile, AL, the cholera got among their slaves and Mr. Cannon lost thirteen? negroes, whom they buried in the Gulf. Mr. Cannon was very successful as a stockman, became the purchaser and owner of the Cole Bros. claim and over his broad acres large herds of cattle roamed, but he never drove but one herd of fat cattle to New Orleans. To himself and wife four sons and four daughters were given, of whom the subject of this sketch is the only one living member, all dying young except Newton, who lived to be 22 years of age. At the time the family came here the country was very sparsely settled, the region was wild and unbroken, and Indians, at that time quite hostile, were numerous. Cattle and wild horses roamed the prairies, and on the edges of both the Brazos and Colorado Rivers herds of wild cattle were numerous, and Mr. Cannon handled stock for a number of years. The wild horses of this region were the descendants of the horses left by Santa Anna's men on their retreat after the Battle of San Jacinto. The herds thus started were not all captured until 1866, when Mr. Cannon and several others started out on a big horse drive and gathered up all stock that had been lost during the war and that was not branded. They captured two mares that had been left by the Mexicans in 1836. At this time Mr. Cannon caught a fine male animal .... (MAD: one Elizabeth Duncan mar. Henry "Connors" 12/22/1842 Pike Co. AL)
"Reminiscences of the Boys in Grey 1861-1865" (Texas) by Mamie Yeary, 1912 (FHL film 1,000,598 item 1; pages 202-204, in alphabetic order by surname)
Forward: In offering to the public these "Confederate Reminiscences" my only apology is to place in permanent form, and in the very words of the participants, as far as practicable, the personal experiences of the "men behind the guns," the "boys in the line," ... Many interesting papers, too lengthy for the scope of this work, have been abridged to contain the most important parts. ... While editing the data so kindly sent me, I have entered fully into each skirmish, battle, march and campaign. ...
Thos. J. Duncan, Austin [Austin Co.], TX; born near Laurenburg [Lawrenceburg?, Lawrence Co.], TN. Enlisted in the Confederate Army Jan. 16, 1862, at Milliken, [Brazos or Hopkins Co.] TX, as First Corporal in Co. H, 8th TX Infantry, Hawes' Brigade, Walker's Division, Trans-Mississippi Department; Tom Caruthers first Captain and O. Young first Colonel. I was transferred to the Ordnance Department, and was never engaged in battle, but I know all the hardships endured by the Confederate soldier.
Some early Duncans in Austin Co. TX:
Robert L. Dunken, 1846, on tax list ("Republic of Texas: Poll Lists for 1846" by Marion Day Mullins, 1974; FHL book 976.4 R4m, from Lucille Mehrkam 1984 and Ruth Robertson 1983)
Isaac Dunkin, 1855, on tax list (Vol.1#2, "Texas Heritage Quarterly," from Lucille Mehrkam 1984)
Levitt Duncan, 17 Aug. 1859, present at meeting of San Felipe Lodge #239 A.F. & A.M.; Charter Member. (from 100th Anniversary Souvenir Booklet 23 June 1960; pgs.29-30, Vol.2#2, "Roadrunner," from LUcille Mehrkam 1983) (MAD: Levitt Duncan from 1840 Pike Co. AL census; ? 1850 Ouachita Par. LA census)
Isaac Dunchan, 1860, in Tax Assessing Book A (Vol.7#2, "Roadrunner" from Lucille Mehrkam 1983)
L. Duncan, 1860, in Tax Assessing Book A (Vol.7#2, "Roadrunner" from Lucille Mehrkam 1983)
"Shelburne, the Book of Samuel" by Richard W. Buck, 1986 (FHL book 929.273 Sh43br)
Pgs.1-6 of this book contain information on Samuel Shelburne, b. 1769 Lunenburg Co. VA, moved to Williamson Co. TN, died 1838 Lauderdale Co. AL. His son John Pamplin Shelburne, born 12/28/1790 Lunenburg Co. VA, moved to TX in 1838, died 11/5/1871 Austin Co. TX, mar. 7/15/1814 in Williamson Co. TN to Nancy L. Duncan, born 9/20/1797, died 6/3/1858, dau. of Jane Dunkin, born 9/20/1771, died 8/19/1851, who moved to TX with them. The book contains photos of the grave monuments, and information on many of the descendants of Samuel Shelburne. (MAD: ?? perhaps Jane Scruggs; widow of Field Allen Duncan and half-sister of William Beaber of Mecklenburg Co. VA)
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