Duncan research files of
1840 Van Buren Co. IA Census Pg.536 John Dill 1000,1 - 2000,1 512 Wm. Duncan Jr. 1000,01 - 1000,1 (MAD: William Duncan mar. Sarah Jones 11/30/1837) 524 Wm. Duncan Sr. 0000,2000,1 - 0000,0001
1850 Van Buren Co. IA Census
No Duncan indexed; looking for McDonough Co. IL families
Pg.255, #154, Jacob HAWK 71 VA farmer $0
Nancy 65 VA
Mary 26, George 10 OH
Pg.320, #15, David OGDEN 41 KY laborer $0
Ermine 36 KY
Susan ISHAM 18, Mary 17, Emily 15 IA
Elizabeth OGDEN 7, Barley 6, Francis 3, Wm. 1 IA
Pg.388, #60, John DILL 36 TN farmer $1200
Nelly 36 KY
Tabitha 18, Polly 16 IL
Stephen 12, Job 7, John 5, Catharine 2 IA
Pg.388, #65, John W. MITCHELL 34 TN farmer $0
Isabella 34 TN
Elizabeth 14, Mildred 12, Christiana 8 IA
Morris 5, Nancy 2, Mary 6/12 IA
Philip HAWK 56 England farmer $3000
1860 Van Buren Co. IA Census
Pg.217, #482-485, David E. DUNCAN 36 OH farmer $135-$340
Margaret E. 28 OH
Martha J. 15, Lydia 10 OH
Florence B. 7, Alice 2 IA
(MAD: ages plain; 1850 Miami Co. OH census, Brown Twp)
Pg.236, #639-639, Thomas P. DUNCAN 28 OH farmer $1200-$658
Abigal 24 OH
Rebecca J. 3 OH
David KNOOP 24 UNKnown laborer
(MAD: 1850 Miami Co. OH census with John & Deborah, Brown Twp; 1870 Miami Co. OH census)
Pg.336, #591-599, Saml. DUNCAN 25 OH laborer in HOTEL
Van Buren Twp.
Pg.483, #1771-1780, Samuel DUNCAN 22 PA laborer
in Boarding House
1870 Van Buren Co. IA Census
Des Moines Twp.
Pg.228, #26-26, GRAY, Simeon E. (m) 54 NY farmer $9000-$1500
Phebe 47 NY keeping house
Frank 17, Robert 15 PA farm laborers
Della (f) 11 PA at home
Jennie 7 PA
DUNCAN, Robert 19 WI farm laborer
PATTERSON, Jane 23 IN domestic servant
GRAY, William R. 77 NY
Mary 72 N.Jersey
(MAD: 1860 Crawford Co. PA census with Charles Duncan)
Pg.283, #151-146, DUNCAN, David E. 46 OH farmer $1450-$995, parents of foreign birth
Margaret H. 38 OH keeping house
Lydia A. 22 OH at home
Florance B. (f) 17 IA/OH at home (written over IA or OH)
Allice 12, Adda (f) 8, Frank 4 IA
"Reports of cases argued and determined in the Supreme Court of Iowa" ("Iowa : MORRIS") by Eastin Morris, counsellor at law; [Vol.1] pgs.39 to 40 (California State Law Library, Sacramento, 12/2003; MAD's extract)
HARLAN & DUNCAN v. SIGLER; Supreme Court of Iowa; 1 Morris 39; July, 1840, Decided.
Error to Van Buren. This case was submitted without argument. The facts can be sufficiently gathered from the opinion of the court.
Per Curiam, Mason, Chief Justice. -- From the transcript of the record in this case, it appears that the defendants below executed their sealed note or single bill to one David Hanes, who indorsed the same over to the defendant in error. At the time of the execution and assignment of the note it was not negotiable; but afterwards (and prior to the commencement of this suit) a statute was passed, rendering such notes assignable, and authorizing the assignee to sue in his own name. Suit was instituted in that manner accordingly, and a judgment recovered in the District Court, to reverse which the case has been brought here by writ of error.
Two causes of error are assigned: the first, that the petition (by which the suit was commenced) does not show cause of action in favor of the plaintiff, as to entitle him to recover. In examining the petition, we find it to correspond with the form prescribed in the statute; the only observable defect being in the statement of the names of the defendants. They are described as A. W. Harlan and Wm. Duncan, alias Aaron W. Harlan and William Duncan. This is not the proper manner of identifying the entire with the abbreviated name. Still, as the intention is evident, no objection can be sustained in the present stage of the proceedings.
It is probable, however, that the error intended in the first assignment, is substantially the same as that embraced in the second, which is, that the note was not assignable in such a manner as to vest in the assignee the power to sue in his own name. The law passed subsequently to the assignment could not invade the rights of either party, as they then existed, although it might modify the remedy by which those rights were to be enforced or protected. Had the present law been in force prior to the assignment of the note, there could have been no question as to the regularity of the present proceedings. It only remains to inquire, whether the statute would so far operate upon the case as to justify the institution of the suit in this form.
Under the law as it existed at the time the note was assigned, the assignee might have brought suit in the name of Hanes, for his own use. In such a case the defendants below might have availed themselves, to a certain extent, of the equities existing between themselves and Hanes. Under the new law, their rights in this respect would have been very different. That feature of the law, therefore, cannot be allowed to operate in this case, since it would impair the obligations of a pre-existing contract.
But so far as the new law authorizes the assignee to bring suit in his own name, we see no objections to giving it effect. It applies solely to the remedy. It merely declares that Sigler's name may stand alone as plaintiff, instead of the suit commencing in the name of "Hanes for the use of Sigler," -- the equities remaining as before. It is a mere matter of form, and leaves the substantial rights of the parties wholly untouched. We think there was no error in the District Court, and the judgment will accordingly be affirmed.
"Territorial Papers, Wisconsin Territory, 1836-1848, 1836-1839" Vol.XXVII (CA State University, Sacramento, library)
Pg.935-7: Petition to Congress by Citizens of Lee and Van Buren Counties, March 6, 1838: Petition to establish a mail route from Fort Madison in Lee Co. passing through West point in that county, to Bentons Port on the Desmoins (sic) River in Van Buren Co. (footnote that the route was established for Iowa Territory by act 7 July 1838). Signed by Wm. H. Duncan among others.
Scotland Co. MO Deeds (SLC 7/17/2014; have JPG images)
G-395: Thomas Duncan of Van Buren Co. IA for $1400 paid by Catherine Lewis of Scotland Co. MO, sell tract or parcel of land in Scotland Co. MO, SW 1/4 of SE 1/4 and SE 1/4 of SW 1/4 Sec.24 Twp.67 Range 11W containing 80 acres more or less, upon the condition that said Thomas Duncan has this day executed his promissory note to said Catherine Lewis bearing even date with this mortgage calling for $400 due 15 May next bearing 10% interest from maturity until paid, now if Thomas Duncan or his heirs shall pay all of the above note as agreed with what interest might arise, then this obligation or mortgage to be void, otherwise remain in full force. 21 Oct. 1858. /s/ Thomas Duncan. Ack. 21 Oct. 1858 by Thomas Duncan before Flavius J. Holder, J.P. of Scotland Co. MO. Filed for record Nov. 18, 1858. (Side note: Release the mortgage, 10 June 1859) (FHL film 1,014,502)
G-402/403: Catherine Lewis of Scotland Co. MO for $800 paid by Thomas Duncan of Van Buren Co. IA, sell tract or parcel of land in Scotland Co. MO, the SW 1/4 of SE 1/4 and SE 1/4 of SW 1/4 Sec.24 Twp.67 Range 11W containing 80 acres more or less, with appurtenances, warrant title. 21 Oct. 1858. /s/ Catherine Lewis. Ack. 21 Oct. 1858 by Catherine Lewis before Flavius J. Holder, J.P. of Scotland Co. MO. Filed for record Nov. 22, 1858. (FHL film 1,014,502)
1887 "Portrait and biographical album of Mahaska County, Iowa : containing full page portraits and biographical sketches of prominent and representative citizens of the county, together with portraits and biographies of all the Governors of Iowa, and of the Presidents of the United States" pub. by Chapman Bros. (Los Angeles Public Library book R977.71 M21Po; FHL film 934,953 item 2)
Pg.477: GEORGE N. DUNCAN, deceased, one of the pioneers of Oskaloosa, was born in Barnard, [Windsor Co.] VT, in April, 1815. When a young man he came West and settled in Van Buren Co. IA, where he became acquainted with Hannah Peck, who was born in Ohio, Aug. 18, 1823, and to whom he was married in Van Buren County in 1840. .... In 1850 they moved to Oskaloosa, where Mr. Duncan died the following year. .... Mr. and Mrs. Duncan were the parents of five children, only one of whom is living, Thomas J., at Leadville, Col. In 1856 Mrs. Duncan married Perry Windsor, who died within a year of their marriage. Mrs. Windsor is the oldest but one of any settler in this county, having been identified with the county for 43 years.
Return to Index to Duncan Research Files in Iowa
Return to The Genealogy Bug's Home Page