Duncan research files of
1840 Chickasaw Co. MS Census
Pg.63 Dawson Duncan 1220,001 - 1212,01
(MAD: 1830 Greene Co. AL census)
1850 Chickasaw Co. MS Census
Pg.388, #517, Dauson DUNCAN 51 SC miller $640
Nancy 44 SC
Pearson 22, Nancy 17 AL
Henry 15, Jane 11 MS
John 10, Norcissa C. (f) 3 MS
John GOODIN 8, Dauson 7, William 3 MS
(MAD: Nancy and children in 1860 Calhoun Co. MS census; their dau. Francis N. Duncan mar. 11/6/1849 James M. Harrelson, per 1984 query by David Bennett)
Pg.391, #562, William DUNCAN 24 AL farmer
Elizabeth J. 17 AL
Henry M. 8/12 MS
(MAD: 1860 ?? Conway Co. AR census; plainly written Elizabeth "J.")
1860 Chickasaw Co. MS Census
No Duncan indexed
1870 Chickasaw Co. MS Census
1st Subdivision of the Northern Div., P.O. Houston
Pg.38, #203-203, DUNCAN, Wm. 22 AL BLACK work in farm $0-$0
Malinda 17 MS BLACK keeping house
Alice 2 MS BLACK
Laurah (f) 7/12 MS BLACK b.Dec.
Pg.38, #204-204, DUNCAN, Dick 24 AL BLACK works in farm $0-$0
Josephine 20 AL BLACK keeping house
William 1 MS BLACK
Martial (m) 6, Jim 8 MS BLACKS
Pallie (f) 8/12 MS MULATTO b.Oct.
(MAD: Pallie indexed as Callie)
2nd Subdivision of the Northern Division
Pg.67, #400-402, DUNKIN, Jackson 37 AL MULATTO works in farm $0-$0
Betsy 35 MS MULATTO keeping house
Elizabeth 22 MS MULATTO at home
Catherine 18 MS BLACK works in farm
Rachel 50 VA MULATTO at home
Township 14, P.O. Buena Vista (indexed P.O. Egypt)
Pg.160, #582-571, DUNKIN, Rachael 52 TN (white) keeping house $0-$500
Cynthia 27 AL at home
Carrie (f) 19 AL at home
William 18 AL farm laborer
Robt. C. 16 AL (blank)
Elvira 14 AL at home
(MAD: widow of "Rangley" Duncan, 1860 Pontotoc Co. MS census)
Pg.160, #583-572, [DUNKIN], Charly 22 AL (white) farm laborer $0-$200
Mollie 20 MS keeping house
Holter (f) 5/12 MS b.Aprl.
1880 Census, Houston Precinct, Chickasaw County, Mississippi (from Kathy D. Cawley 12/2006)
S.D.# ONE(?), E.D.# 26
Page 209D, Image 48 of 50
James, w/m, age 26, Head, farmer, AL./AL./AL.
Sarah, w/f, age 23, Wife, keeps house, MS./MS./MS.
Missouri, w/f, age 3, Daughter, MS./MS./MS.
Henry, w/m, age 12/12 [1 yr.] March, Son, MS./MS./MS.
(KDC: although James was said to be born in "AL.", his children's entries do not reflect it. Son of Pearson & Martha; James' son Henry perhaps in 1910 Calhoun Co. MS census; MAD: James & dau. Maudie perhaps in 1900 Calhoun Co. MS, but son Henry not found)
Page# 210A, Image 49 of 50
Pearson, w/m, age 53, Head, farmer, S.C./S.C./S.C.
Martha, w/f, age 47, Wife, keeps house, TN./TN./TN.
Billy or Riley, w/m, age 23, Son, single, laborer, MS./S.C./TN.
Sarah, w/f, age 19, Daughter, single, at home, MS./S.C./TN.
Isom, w/m, age 17, Son, laborer, MS./S.C./TN.
Matilda, w/f, age 13, Daughter, at home, attends school, MS./S.C./TN.
Missouri, w/f, age 11, Daughter, at home, attends school, MS./S.C./TN.
Lee, w/m, age 7, Son, attends school, MS./S.C./TN.
Wesley, w/m, age 5, Son, MS./S.C./TN.
(KDC: 1870 Calhoun Co. MS census)
John, w/m, age 27, Head, farmer, MS./AL./AL.
Martha, w/f, age 17, Wife, keeps house, MS./GA./GA.
Pearson, w/m, age 1, Son, MS./MS./MS.
(KDC: son of Pearson & Martha; 1900 Chickasaw Nation, IT, OK census)
1900 Census, Pleasant Grove, Chickasaw County, Mississippi (from Kathy D. Cawley 12/2006)
S.D.# 1, E.D.# 12, Page# 31B, Image 2 of 14
12-12 & 327-328 [both sets of numbers are present]
DUNCAN, [indexed as Ducar but looks like Ducan]
Wesley, Head, w/m, Aug 1876, age 23, single, MS./AL./TN., farmer
Martha, Mother, w/f, Jan 1834, age 66, w'd., m'd 48 yrs. crossed out, 8 chi. born, 4 living, TN./TN./TN.
Sallie, Sister, w/f, June 1869, age 30, single, MS./AL./TN.
GRIFFIN, George, Boarder, w/m, Feb 1881, age 19, single, MS./MS./MS., farm laborer
(KDC: 1910 Webster Co. MS census; son of Pearson & Martha)
~~13-13 & 328-329
Lee, Head, w/m, Oct 1873, age 26, m'd 2 yrs., MS./AL./TN., farm laborer
Bettie, Wife, w/f, Feb 1882, age 18, no chi., MS./MS./MS.
(KDC: son of Pearson & Martha)
Page# 31, Image 1 of 14
9-9 & 324-325
DUNCAN, [indexed as Ducan]
Riley, Head, w/m, Oct 1855, age 44, m'd 9 yrs., MS./MS./AL., farmer
Mollie, Wife, w/f, May 1872, age 28, 3 chi. born, 3 living, MS./MS./MS.
Jackson, Son, w/m, Oct 1893, age 6, MS./MS./MS., at school
Pearl, Daughter, w/f, Mch 1896, age 4, MS./MS./MS.
Johnnie, Son, w/m, May 1899, age 1, MS./MS./MS.
MOOREHAM, Scott, Boarder, w/m, Aug 1881, single, MS./MS./MS.
(KDC: son of Pearson & Martha)
1910 Census, Beat 1, Chickasaw County, Mississippi (from Kathy D. Cawley 12/2006)
S.D.# 4, E.D.# 41, Page# 43, Image# 15 of 34
William R., Head, m/w, age 54, M1X, 19 yrs., MS./MS./MS., farmer/gen'l farm
May M., Wife, f/w, age 36, M1X, 5 chi. born, 4 living, MS./MS./MS.
Purlie, Daughter, f/w, age 14, MS./MS./MS., attends school
Johnie L., Son, m/w, age 11, MS./MS./MS., farm laborer/home farm, attends school
Ruben G., Son, age 8, MS./MS./MS., attends school
Emma E., Daughter, f/w, age 6, MS./MS./MS., attends school
Sally, Sister, f/w, age 50, MS./MS./MS.
(KDC: son of Pearson & Martha)
1920 Census, Beat 1, Pleasant Grove, Chickasaw County, Mississippi (from Kathy D. Cawley 12/2006)
S.D.# 4, E.D.# 41, Page# B, Image 2 of 15
Riley, Head, rents, m/w, age 64, MS./MS./MS., farmer/gen'l farm
Mary, Wife, f/w, age 46, MS./MS./MS.
Gaston/Garton?, Son, m/w, age 19, single, MS./MS./MS., laborer/gen'l farm
John, Son, m/w, age 20, single, MS./MS./MS., laborer/gen'l farm
Sally*, Sis-in-law, f/w, age 62, single, MS./MS./MS.
Emma, Daughter, f/w, age 16, attends school, MS./MS./MS.
Pearly, Grand Daughter, f/w, age 11/12, MS./MS./MS.
Henry*, Nephew, m/w, age 19, single, MS./MS./MS., farmer/gen'l farm
(KDC: Riley the son of Pearson & Martha; **Sally appears to be Sarah, wife of John, see 1880 census; **Henry may be the son of Lee/Calvin & Bettie, see 1910 census)
KDC: WWI Draft Registration: Name: John Lee Duncan, Address: Houston ??????, Mississippi, Age: 19, D.O.B.: May 3, 1899; Occupation: farmer; Next of kin: Pearlie Duncan; Height: medium; Build: medium; Color of eyes: brown; Color of hair: dark brown; September 12, 1918, Chickasaw County.
1930 Census, Beat 1, Chickasaw County, Mississippi (from Kathy D. Cawley 12/2006)
E.D.# 9-3, S.D.# 5, Page# 43B, Image# 12 of 28
Houston and Vandaman Road
John, Head, owns, m/w, age 31, m'd at 21, MS./MS./MS., farmer/gen'l farm
Lois, Wife, f/w, age 34, m'd at 25, TN./TN./TN.
Cytill(?), Daughter, f/w, age 11, attends school, MS./MS./TN.
Harold, Son, m/w, age 7, attends school, MS./MS./TN.
William, Son, m/w, age 2, MS./MS./TN.
Dennis, Son, m/w, age 2/12, MS./MS./TN.
(KDC: son of William Riley Duncan & Mary, grandson of Pearson Duncan & Martha)
Wriley, Head, owns, m/w, age 73, m'd at 33, MS./MS./MS., farmer/gen'l farm
Mary, Wife, f/w, age 57, m'd at 19, MS./MS./MS.
Sallie, Sister, f/w, age 70, single, MS./MS./MS.
(KDC: son of Pearson Duncan & Martha)
Gaston, Head, owns, m/w, age 28, m'd at 20, MS./MS./MS., farmer/gen'l farm
Vannie, Wife, f/w, age 28, m'd at 20, MS./MS./MS.
Aronole(?), Son, m/w, age 7, attends school, MS./MS./MS.
Rubie, Son, m/w, age 3, MS./MS./MS.
(KDC: son of William Riley Duncan & Mary, grandson of Pearson Duncan & Martha)
"Reports of cases decided by the Supreme Court of Mississippi at the October term 1889 and April term 1890" Vol.67, reported by Brame & Alexander; Vol.67, pgs.136 to 139 (California State Law Library, Sacramento, 1/2004)
RICHARD DUNCAN v. C. C. MOORE et al; Supreme Court of Mississippi; 67 Miss. 136; 7 So. 221; October, 1889, Decided.
FROM the chancery court of the first district of Chickasaw county. HON. BAXTER MCFARLAND, Chancellor.
From the agreed statement it appears that Richard Duncan owned a homestead upon which he resided with his family, and gave trust deeds on the same to secure debts to C. C. Moore and others. His wife did not join in these deeds, but afterwards, about the time of foreclosure, having the defect in the deeds explained to her by the creditor, Moore, she executed to him a separate deed to the land. She was paid a consideration in money for this by said creditor. The land was worth less than two thousand dollars, and was exempt.
The trust deeds being foreclosed, Moore became the purchaser and received a deed to the land in controversy. These are the facts so far as the defendant Moore is concerned. There were other parties interested in the trust deeds, but it is unnecessary to make any statement as to them.
Afterwards the bill in this case was filed by the appellant, Richard Duncan, who was in possession, and who sought cancellation on the ground that the attempted encumbrance of the homestead without joinder of his wife was void. No tender of the debt was made.
The other facts necessary to an understanding of the case are stated in the opinion of the court.
From a decree dismissing the bill the complainant appealed.
COUNSEL: W. G. Orr, for appellant.
1. The attempted encumbrance of the homestead by the husband, without the joinder of the wife, is void. It is no conveyance, and casts a cloud on the title which a court of equity will remove. Such a conveyance would not take the case out of the statute of frauds.
The deed must be the joint act of husband and wife. They must not take two bites at the cherry. A mortgage of the homestead signed by the husband alone is not rendered valid by the subsequent death of the wife.
2. It was not necessary to tender payment of the indebtedness; we do not seek to repudiate the debt, but simply to cancel the invalid incumbrance.
The homestead is protected for the benefit of the family on grounds of public policy.
Miller & Baskin, for appellee Moore.
1. Appellant's deed is only voidable. If it were void, he would not be entitled to relief, because he does not offer to pay the debt. One who seeks equity must do equity.
2. Though a homestead, the property belonged to appellant. He could convey it, subject to the action of his wife as to its disposition. She is the only person who could in any event complain, and she has parted with her right.
The statute does not provide as to the time when the wife's consent is to be given to a conveyance of the homestead. See Smith v, Scherck, 60 Miss. 491.
While we think the decree ought to be affirmed, because of appellant's failure to make any tender of the debt, we trust that the court will pass upon the effect of the wife's separate deed, as other rights depend upon the settlement of this question.
COOPER, J., delivered the opinion of the court.
We yield to the urgent solicitation of counsel to pass upon both questions presented by this appeal, though the decree might be affirmed upon the single point on which we are advised the bill was dismissed in the court below, viz., that, conceding the invalidity of the conveyance sought to be annulled, the complainant is not of right entitled to the intervention of a court of equity, except upon condition of himself doing equity.
It appears from the record that the complainant being indebted to the defendant Moore executed a deed of trust upon his homestead as security for the debt due, but his wife, who was at the time living with him on said land, did not sign the deed. Afterwards, at the instance of the creditor, and, so far as appears, without the consent of her husband, she executed a separate conveyance to the creditor of her interest in the homestead. The question presented is whether this subsequent deed of the wife is sufficient to give validity to the former invalid encumbrance by the husband.
By the code [Sec. 1258] it is declared that, "no conveyance, mortgage, deed of trust or other encumbrance upon the homestead, exempted from execution, shall be valid or binding, unless signed by the wife of the owner, if he is married and living with his wife."
There is much force in the argument of defendant's counsel that the statute does not require a joint deed of husband and wife for the conveyance of the husband's homestead, but only that the wife should "sign" the husband's deed to signify, her consent to the disposition made by the husband of his property; that the substantial thing is the written evidence of such consent, and that this may be as certainly shown by a separate instrument as by signing the deed of the husband.
The present controversy does not call for a decision of what would be the effect of such separate deed made by the wife under the direction or consent of the husband, and we express no opinion on the subject. We are, however, of opinion that whatever be the form, it is at least essential to show the contemporaneous assent of both husband and wife to the conveyance. To permit the wife, without the knowledge or consent of the husband, to give validity to an invalid encumbrance or conveyance would be in effect to give her the power of disposal rather than the veto power provided by the law.
Monroe Co. MS Deeds (SLC 6/21/2008)
10-225: 3 April 1837, Stephen Duncan and wife Catharine A. of Adams Co. MS to Francis Surgett of county & state aforesaid, $29,828.78, land in counties of Monroe, Noxubee, Oktibbeha, Chickasaw, Pontotoc, Winston, Attalla, Pontotoc, & others. Duncans appeared in Adams Co. MS. (FHL film 878,385)
Pontotoc Co. MS Deed (FHL film 897,521 item 2)
4-110: 3 April 1837, Stephen Duncan and wife Catharine A. of Adams Co. MS to Francis Surget of afsd, $29,828.78:
Sec.16 and 21, T15 R7E, 1280 acres in Monroe Co.
N 1/2 NE 1/4 Sec.4 T14N R16E, 79.26 acres in Noxubee Co.
E 1/2 NE 1/4 Sec.28, and W 1/2 NE 1/4 Sec.27, and W 1/2 SE 1/4 and SW 1/4 Sec.22, all T17N R13E, 399.53 acres in Oktibbee [Oktibbeha] Co.
SE 1/4 and NE 1/4 Sec.14 T13 R3E, 320.88 acres in Chickasaw Co.
SW 1/4 Sec.4 T7 R3E, 159.78a and SE 1/4 Sec.36 T11 R3E, 165.66 acres, in Pontotoc Co.
E 1/2 NE 1/4 Sec.28 T15N R13E, 82.23 acres in Winston Co.
W 1/2 SW 1/4 Sec.26 T14N R6E, 80.62 acres in Attalla Co.
SE 1/4 Sec.11 T11 R3E, 160.22 acres in Pontotoc Co.
and land on which the Indian reserve granted to Susan Colbert by the treaty of Dancing Rabbit Creek may be located to contain one section of land; all in State of MS; no wit.; they appeared in Adams Co. MS.
Winston Co. MS Deed (FHL film 897,902)
G-195: 3 April 1837, Stephen Duncan & wife Catharine A. of Adams Co. MS to Francis Surget of same, $29,878.78, land in Sec.16 and 21, Township 15, Range 7E, 1,208 acres in Monroe Co. MS; W 1/2 NE 1/4 Sec.4 T14N R17E, 79.24 acres in Noxubee Co.; E 1/2 NE 1/4 Sec.28, W 1/2 NE 1/4 Sec.27, W 1/2 SE 1/4 and SW 1/4 Sec.22 T17N R13E, 399.53 acres in Oktibbena Co.; SE 1/4 and NE 1/4 Sec.14 T13 R3E, 320.88 acres in Chickasaw Co.; SW 1/4 Sec.4 T7 R3E, 159.78 acres, and SE 1/4 Sec.36 T11 R3E, 165.66 acres, in Pontotoc Co.; and E 1/2 NW 1/4 Sec.28 T15N R13E, 82.23 acres in Winston Co.; and W 1/2 SW 1/4 Sec.36 T14N R6E, 80.62 acres in Attala Co.; and SE 1/4 Sec.11 T11 R3E, 160.22 acres in Pontotoc Co.; and land on which the Indian reserve granted to Susan Colbert by the Treaty of Dancing Rabbit Creek may be located to contain one section of land. Both signed, appeared in Adams Co. MS, 4/4/1837.
AL Confederate Service Records, 1861-1865, cards in AL State Archives; Driver to Elich (FHL film 1,462,918)
MAD: most items were small typed cards, 3x5; some items were very blurred in the filming and were double images and hard to read. Cards had name and rank in upper left corner, service unit usually in upper right corner, notation if Home Guard, details from source were given in center of card, and the "Authority" as the last line on the card. The service record from the Historical Record Roll frequently listed several engagements he served in, dates wounded, absent, present, etc., and I usually did not copy all the details.
Duncan, Benjamin Franklin, Private, Co.D, 16th Con. Cav.; enlisted May 1864 at Selma [MAD: Dallas Co.], AL; born May 18, 1846 at Houston, Chickasaw Co. MS; address: Millport, AL, 1907-08; Continued until May 1865; paroled at Gainsville, AL. Authority: Census, tax collector, Lamar Co. AL, 1907-08.
Duncan, Benjamin Franklin, Private, Co.D, 16 Confed. Cav. Regt; enlisted at Selma, AL, about April 1, 1863, and served until he was paroled at the close of the War, April, 1865, Gainesville, AL; born May 18, 1846, Houston, Chickasaw Co. MS; address 1921: Millport, AL. Authority: 1921 Census of Confederate Soldiers.
Duncan, Benjamin Franklin, Private, Co.D, 16th Con. Cav.; enlisted May 1864 at Selma, AL; born May 18, 1846 at Houston, Chickasaw Co. MS; paroled at Gainsville, AL, May 1865; address: 1907 & 1908: Millport, AL. Authority: Census tax assess, Lamar Co. AL, 1907 & 1908.
(MAD: The Duncan Family Files at the AL State Archives, Montgomery, AL, contain newspaper clippings dated 5/21/1932 and 7/16/1933 about B.F. Duncan, known as "Uncle Ben", born 5/18/1846 Houston [Chickasaw Co.], MS, to Pickens Co. AL when a lad, in Co.D 18th AL Confederate Regiment, with Forrest's Cavalry, res. Millport, Lamar Co. AL, for 42 years. The 1880 census on pg.545B, Reform, Pickens Co. AL, shows B.F. Duncan 34 MS, parents b.SC, wife M.F. Duncan 28 AL, father b.SC, mother b.AL, and dau. A.F. Duncan 2 AL.)
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