Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug
Last revised August 8, 2008
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Duncan research files of |
1820-1840 Warren Co. MS Census
No Duncan indexed
1850 Warren Co. MS Census
Vicksburg
Vicksburg
Pg.224, #939?, John F. BOLLS 32 MS planter $11500
Susan 26 MS
Henry S. 5, James A. 2 MS
George BARRETT 22 GA overseer
Jemima DUNCAN 50 SC
Pg.240, #1206, Thomas DUNCAN 30 SCT raftman (alone)
Pg.243, #1255, (tavernkeeper & other raftmen)
Alber DUNCAN 28 KY raftman
(MAD: name as given)
1860 Warren Co. MS Census
P.O. Vicksburg
Pg.51, #392-392, Family including many single men
Edward DUNCAN 22 SCT machinest
(MAD: 1870 Copiah Co. MS census)
Pg.66, #523-523, Jno.? HANEY 35 IRE & family, & single men
Jas. DUNKHAN 28 IRE laborer
Pg.131, #1031-1020, J. WHITEMAN (m) 40 IN raftsman $1,600-$1,500
Wm. 38, Nancy 26 IN (written out Indiana)
Nancy 3 MS
other raftsmen, laborers
Andy DUNCAN 26 VA laborer
(MAD: ?? Andrew J. age 20 in 1850 Hancock Co. IN census)
Pg.133, #1050-1039, F.W. DUNCAN (m) 35 AL overseer $0-$0
Mrs. (f) 25 MS
Ann 11, Mary 5 MS
John 9, Richard 3 MS
J.Q. WILLSON (m) 29 AL overseer $0-$0
R. WILSON (sic) (m) 50 AL overseer $12,000-$25,000
1870 Warren Co. MS Census
Bovina Prect.
Pg.83, #278-336, FLOWERS, Routtie? (f) 45 VA BLACK farm hand $0-$0
Alexander 23 MS BLACK farm hand
Clara 16 MS BLACK farm hand $0-$0
Reuben 11 MS BLACK farm hand
Annas? (m) 6 MS BLACK
DUNCAN, Henry 2 MS BLACK
Pg.99, #631-572, DUNCAN, Henry 48 MS BLACK farm hand $0-$0
Mary 30 MS BLACK farm hand
Wm. 2 MS BLACK
Davis Bend Prct.
Pg.140, #363-363, DUNCAN, Amy 40 VA BLACK keeping house $0-$0
Teny? (f) 20 MS BLACK farmhand
Red Bone Prct.
Pg.187, #266-256, DUCAN, Jacob 27 MS BLACK farmer $0-$0
Catherine 28 MS BLACK keeping house
Emily 6, Benj. 5 MS BLACKS
Vicksburg, Ward 5
Pg.273, #215-215, KAUTH, Makin? 43 BAVARIA (white) Bottler $4000-$600, parents of foreign birth
M. (f) 34 BAVaria at home, parents of foreign birth
J.H? (m) 14 MS at home, parents of foreign birth
B.E. (m) 11, W.D. (m) 10, M.P. (m) 7 MS, parents of foreign birth
B. (f) 4, B.C. (f) 1 MS, parents of foreign birth
HILL, Anna (f) 28 HESSE servant, parents of foreign birth
SMITH, F. (m) 35 HESSE shoe maker, parents of foreign birth
DUNKINS, D. (m) 25 NJ (white) rafts man
MONGHEN, C. (m) 38 MS (white) rafts man
PRINGE?, J. (m) 35 PRUSSIA salesman, par.of foreign birth
KRANE, J. (m) 38 PRUSSIA carpenter, par.of foreign birth
SMILEY, Saml. 25 OH tinner
CLAGIE?, Wm. 40 OH rafts man
CORIT?, John 28 PRUSSIA police man
MAY, M. (m) 25 BAVaria pedlar, parents of foreign birth
Vicksburg, Ward 7
Pg.313, #448-448, DUNCAN, E?.A. (m) 40 NH (white) physician $0-$2000
G.L. (f) 30 NH keeping house
F.R. (m) 9 IA
S.G. (f) 2 MS
M.E. (f) 22 NH teacher
CHAPMAN, J.A. (m) 30 CT Capt. U.S.A.
(MAD: Edward A. Duncan, 1860 Dubuque Co. IA census)
Vicksburg
Pg.321, #143-143, WILSON, W.L. (m) 23 IRE? (written over) carpenter $0-$150, parents of foreign birth
Anna 20 IL? keeping house
DUNKIN, E.R. (f) 26 IL (white)
E. (m) 4 LA
Pg.339, #514-514, DUNCAN, M. (f) 36 MS (white) keeping house $40,000-$2,000
Wm. 3 MS
M. (f) 1 MS
HALL, Susan 50 GA BLACK domestic servant
Tillie (f) 15 GA BLACK domestic servant
FENNEY, C. (m) 75 VA BLACK gardner
Warren Co. MS Chancery Court Minutes, index 1810-1971 of probate side of Chancery (FHL film 879,325; SLC 6/21/2008)
#, Complainant, Defendant
#3367: Duncan, O.D. (Mrs.) - L.M. Lowenberg Co. Adm.
#4918: Duncan, Robert - (blank)
#5355: Duncan, William - lunacy
#5950: Duncan, Rosalie Quitman - W.S. Lowell Ex
#6679: Duncan, J.M. - Anna W. Duncan
#6753: Duncan, Jim - lunacy
#8197: Dunkin, Wm. L. - Rundle Smith Adm.
#8460: Dunkins, Catherine - lunacy
#9389: Duncan, Samuel R. - Wm. Jewel? Scott Ex
#14546: Duncan, Edward Joseph - Bessie A. Duncan, Extx
Warren Co. MS Chancery Court, Probate Court Docket (SLC 6/21/2008)
#3367: Duncan, O.D. (Mrs.) - not found
#4918: Duncan, Robert, 4/4/1908, lunacy (FHL 1,727,979) (not copied)
#5355: Duncan, William - late, not copied
Quit
Warren Co. MS Index to deeds 1811-1856 (FHL film 886,522; SLC 6/21/2008)
Vol.1, 1811-1841
M-174: Duncan, Samuel M. from John M. Taylor, QC
N-56: Duncan, Thomas from James C. Wood, bond
N-342: Duncan, G. Currie from John F. Bodley, D/T
O-186: Duncan, William to Harper D. Hunt, D/T
I-116: Duncan, Stephen from Ambrose Gibson & wife, Mtg.
K-338: Duncan, Stephen to Ambrose Gibson et al, release
L-1: Duncan, Garnet from Benjamin Hazen &c, agt.
L-108: Duncan, G.C. from Thatcher & Bodey, D/T
M-174: Duncan, Lemuel C. from John M. Taylor, deed
N-56: Duncan, Thos. from James C. Wood, contract
N-342: Duncan, G. Currie from John T. Bodley, mtg
O-186: Duncan, William to Harper P. Hunt, D/T
Vol.2, 1841-1856
Q-10: Duncan, G. Currie from Wm. S. Bodley, mtg
T-94: Duncan, G. Currie from Shepherd Brown, deed
X-274: Duncan, L.H. by tax collector to City of Vicksburg, deed
Y-440 (441?): Duncan, Stephen from W.C. Smedes & wife, D/T
Y-468: Duncan, Stephen et al to W.C. Smedes, release
Y-662: Duncan, Stephen agent mtg from Benson Blake & wife
Warren Co. MS Deeds (SLC 6/21/2008)
I-116: 19 Sept. 1836, Ambrose Gibson and wife Margaret and Gibein Gibson and wife Adaline, all Warren Co. MS, to Stephen Duncan of Adams Co. MS, to sescure debt, sign mortgage ... (not copied). Fully satisfied, 29 Jan. 1838. (FHL film 1,639,868)
K-338: 11 Jan. 1838, Stephen Duncan of Adams Co. MS release Ambrose and Gibeon Gibson from their contract dated Sept. 1838. (FHL film 1,639,869; not 1833, not F-338 as given in "MS County Court Records from The May Wilson McBee Papers")
L-1: 12 April 1838, George Buchanan, John Hazen Jr. and Edward Whittelsy, merchants and copartners in trade under the name of Buchanan, Hazen & Co., owe (MAD: lots of people), in order to secure the debts, mortgage to Garnett Duncan Esq. of city of Louisville, KY, promissory notes. (FHL film 1,639,870) (MAD: Louisville, Jefferson Co. KY)
L-108: 23 March 1838, John Thatcher & John F. Bodley and wife Sarah H. of Vicksburg, MS, owe G. Currie Duncan of New Orleans, $12,000, have delivered 2 promissory notes (more not copied). (FHL film 1,639,870)
M-174: 3? Jan. 1839, John M. Taylor of Warren Co. MS for $2,506 to Lemuel C. Duncan of Warren Co. MS, lot in City of Vicksburg, MS, at SE corner of lot 8 in Square 12 on Jackson St. No wife. (FHL film 1,639,871)
N-56: 26 Feb. 1839, contract, James C. Wood to Thos. Duncan; Duncan purchased his stock, tools, etc. in the tinning business, Wood will not carry on the tinning business for 5 years from 26 Feb. 1839 in city of Vicksburg, MS, or forfeit $500. Wit. Alexander Peal. (FHL film 1,639,871)
N-342: 11 May 1839, John T. Bodly and wife Sarah M. of Vicksburg, MS, mortgage to G. Currie Duncan for $8,800, (more not copied). (FHL film 1,639,871)
O-186: 3 Jan. 1840, William Duncan of Warren Co. MS to Patrick W. Tempkins of same and Harper P. Hunt of same; that Duncan owes Hunt $800 by notes, to secure payment, that Duncan mortgages to Tempkins a lot in Vicksburg known as part of Garden Square, on Garden Street. /s/ Wm. Duncan. (no wife). Wit. P.W. Tompkins, H.P. Hunt. (FHL film 1,639,873)
"Reports of cases argued and determined in the High Court of Errors and appeals for the state of Mississippi" by W.C. Smedes and T.A. Marshall of Vicksburg, Reporters to the State, Vol.VIII, Cases for January 1847; ("Mississippi Reports") Vol.16, pgs.744 to 753 (California State Law Library 12/2003 and 2/2004, title of case "Samuel H. Duncan" as given)
SAMUEL H. DUNCAN, SILVIAH C. DUNCAN and JAMES C. WRIGHT v. JOHN LANE, Use of WILLIAM VICK, Executor of JOHN HENDERSON; Supreme Court of Mississippi; 16 Miss. 744; 8 S. & M. 744; January, 1847, Decided.
Error from the circuit court of Warren county.
This was an action of assumpsit, instituted in the circuit court of Warren county, to the April term thereof, in the year 1842, by John Lane, for the use of William Vick, executor of John Henderson against Lemuel H. Duncan, Silviah C. Duncan, and James C. Wright. The declaration was founded on two promissory notes for the sum of twenty-two hundred dollars each, both dated the 2d day of December, 1837, and payable, the one on the 1st day of October, 1839, and the other on the 1st day of October, 1840, both drawn by Silviah C. Ross, (who was alleged to have been a feme sole, when the notes were made, and to have intermarried with Lemuel H. Duncan, between the date of the notes and the commencement of the suit,) and James C. Wright, in favor of John Lane. At the return term, the defendants pleaded the general issue. At the October term, 1844, the case was tried, and a verdict and judgment were rendered in favor of the plaintiff, for six thousand and six dollars, besides costs. The defendants then moved for a new trial, because; "1st. The verdict is against the law and evidence, and the instructions of the court. 2d. The court improperly rejected evidence of the defendants. 3d. The court improperly charged the law to the jury, and refused charges asked by the defendants which should have been given." The court overruled the motion, to which the defendants excepted, and filed a bill of exceptions, setting out all the evidence; from which it appears that on the trial the plaintiff read to the jury the notes sued on, and proved that since the execution of the notes, the defendant, Lemuel H. Duncan, intermarried with the defendant, Silviah C. Duncan, who, at the time the notes were executed, was Silviah C. Ross. ... The answer of John Lane to a petition for a discovery; which admitted that the notes sued on, together with one other note, were given in consideration of a lot, in square twelve, in the city of Vicksburg, sold by respondent to Silviah C. Duncan, before her intermarriage with Lemuel H. Duncan, and while she was Silviah C. Ross, and unmarried; respondent stated that he put Silviah C. in possession of the lot, and that she and her husband, Lemuel H., were still seized and possessed of the same; that Silviah C. Ross, at the time of the purchase, executed a deed of trust to James Bland, as trustee to secure the payment of the purchase-money, and that Bland, under the deed of trust had sold the lot to meet the first payment, and Lemuel H. Duncan became the purchaser. Respondent admitted that he, as administrator of one Shane, under an order of the probate court, sold the lot to Elbridge G. Walker. He denied that Walker purchased the lot for him; but he admitted he told Walker at the time of the sale, that if he, Walker, should become the purchaser of the lot, at a sum less than six thousand dollars, and did not choose to keep it, he, respondent, would buy it from him; and he, respondent, did subsequently in his individual character buy the lot of Walker. The defendants then read a transcript from the records of the probate court of Warren county, showing the action of John Lane, as administrator of the estate of Samuel Shane, deceased from which it appeared that at the November term, 1836, John Lane, suggested to the court, that it would be to the interest of the estate to sell certain real estate, including the lot in square twelve, sold to Silviah C. Ross, whereupon the court ordered citation to be issued, and notice to be published, &c.; that at the January term, 1847, the same property was ordered to be sold; and that at the April term, 1839, the administrator returned his report of the sale which was received, allowed and ordered to be confirmed. By the report, it appears that the lot above mentioned, was sold on the 8th day of May, 1837, to Elbridge G. Walker, for the sum of twenty-six hundred dollars. The defendants then read a deed from Elbridge G. Walker, to John Lane, dated the 1st day of July, 1837, conveying the same, and one other lot, which was also purchased by him at the sale made by Lane, as administrator, on the 8th day of May, 1837, and for which he agreed to pay eight hundred and fifty dollars, in consideration of thirty-five hundred dollars. They then read a deed of trust, executed by Silviah C. Ross to James Bland, as trustee, conveying the lot above named, in square twelve, in Vicksburg, to secure the payment of the two notes sued on, and one other note for the same amount, payable on the 1st day of October, 1838, and all in favor of John Lane, which deed of trust was dated the 2d day of December, 1837. They then read a deed, dated the 2d day of December, 1837, from John Lane and wife, to Silviah C. Ross, by which they "granted, bargained and sold" to her, the lot above mentioned, and covenanted to warrant and defend the title to the same. The defendants then called Elbridge G. Walker, as a witness, who testified, that he attended the sale made by Lane, as administrator of Samuel Shane, and purchased two lots, the lot in square twelve, in Vicksburg, and one other at the prices mentioned in the record, read from the probate court, to wit: thirty-four hundred and fifty dollars for the two; that after the sale, he offered to execute his notes for the purchase-money, but knowing that Lane, was liable for a large amount on account of Doctor Samuel Shane, and being willing that Lane should make what he could off of the property, witness proposed to let him have the lots bid off by witness, at the same prices they were struck off to him, at; that Lane accepted his proposition, and he never paid any money, or executed any note, for the lots; that Lane paid him no money for them, or gave him any other consideration for them, than simply discharging him from all liability to Shane's estate on account of his bids. Witness denied that he bought the lots at Lane's request, or for Lane; he believed he heard Lane say at the time of the sale, that the lots were worth a good deal more than they sold for, but there never was any agreement at, or before the sale that he should purchase for Lane. He bought the lots for himself, and only agreed to let Lane have them on account of his, Lane's liabilities for Shane, and with the hope that Lane might in that manner save himself in part at least, for the losses sustained by him as Shane's surety. At the time of the sale by Lane to Silviah C. Ross, she went into possession of the property, and remained in possession until the sale took place under the deed of trust. When her husband, Lemuel H. Duncan, became the purchaser, and he then held the possession, the buildings on the lot were destroyed by fire, since which time the lot had been vacant. Shane died in 1836, leaving one child, which was taken to Maryland very soon after his death, and has remained there ever since. The defendants then called Henry Green, and offered to prove by him, that Lane was then insolvent, but the evidence being objected to, was ruled out by the court, and the defendants excepted. This was all the evidence offered on either side. Various instructions were then asked by both parties, some of which were given and some refused, but it is not deemed important to set out all or any of them here, as none of them were considered by this court. The defendants now prosecute this writ of error.
(MAD: arguments of counsel omitted here)
Mr. Chief Justice SHARKEY delivered the opinion of the court.
This suit was brought by the defendant in error against the plaintiff in error on two promissory notes, which had been given by the wife of Duncan whilst she was a feme sole, for a lot in Vicksburg, which she purchased of Lane, who made a deed with general warranty, under which his vendor was let into possession, and has not been evicted. The defence set up is failure of consideration, arising from a defect in Lane's title. It seems that Lane had previously sold the same lot as administrator of one Shane. Walker became the purchaser at that sale, and afterwards conveyed to Lane.
It is insisted in the first place that the sale by Lane as administrator, was void because the directions of the statute were not complied with. It is also said that Walker purchased for Lane, and that the title of the estate was not divested, as it was a purchase by an administrator at his own sale. Walker states that he did not give his note or pay any money; still he denies that he purchased for Lane, or under any previous agreement between them, except that Lane stated that the property was worth six thousand dollars, and he would be willing to take it of the purchaser at that price, if he did not wish to keep it.
On the trial the court refused to give certain instructions asked by the defendants' counsel, and gave certain instructions asked by the plaintiff's counsel, to all of which the defendants' counsel excepted, and after verdict moved for a new trial.
The sale by Lane as administrator may be laid out of view in this case, and the charges asked and refused, and those given, to which exceptions were taken, were all in reference to that sale. We do not perceive any objection however to the charges given. It may be, and probably is true, that Lane's sale as administrator passed no title to his vendee. But all the cases in which such sales have been decided to be invalid, were cases between the purchaser and the administrator, or his assignee, the sale by the administrator being the consideration. These plaintiffs in error were not purchasers at the administrator's sale; they derive title from Lane individually, who derived title from Walker. They stand in the attitude of an ordinary purchaser, who has taken a covenant of warranty, and been let into possession. They cannot set up failure of consideration without eviction. This doctrine has just been fully considered in the case of Hoy and Thorn v. Taliaferro, ante, 727, to which it is sufficient to refer. In the present case it is also insisted, that there was a covenant of seizin arising from the use of the words "grant, bargain and sell." That question was also considered in the case referred to, and to the authorities there cited, we will add the case of Frost v. Raymond, 2 Caines [N.Y.] 188, and authorities there cited, to show that an express covenant does away the effect of all implied ones.
Judgment affirmed.
Index to War of 1812 Pension Applications and Bounty Land Warrant Applications; National Archives Film (FHL film 840,458)
Duncan, Lemuel H., widow Sylvia Co.; WO 34741, WC 21791; BL 52973-80-50, 35710-80-55; Private Capt. Allen's Co. TN Mil. 9/28/1814 to 4/7/1815; sol. res. 1852, 1853 New Orleans, LA, 1855 Parish of Orleans, LA; wid. res. 1879 PO Amite City, Par. of Tangipahoa, LA, 1887, 1888 San Jose, Santa Clara Co. CA; maiden name of widow: soldier's 1st wife Abena Fights, 2nd wife Emily White, widow Sylvia Cork (1st m. Ross) mar. Dec. 4, 1837, Warren Co. MS; sol. d. June 23, 1871, Parish of Tangipahoa, LA; wid. d. June 11, 1892.
(MAD: from Maury Co. TN; Lemuel H. Duncan mar. Silviah C. Ross 12/4/1837 Warren Co. MS; 1860 St.Helena Par. LA census; Lemuel Hall Duncan d. 1/23/1871, age 75y, bur. Arcola Cemetery, listed on pg.342 of "LA Gen. Register" Vol.24, 1977; Tangipahoa Par. LA Will & Donation Book 1879-1904, pg.55, Joseph A. Reid donation to Simeon Bennett for graveyard land previously sold by S. Bennett to Mrs. S.C. Duncan wife of Lemuel H. Duncan, 5/11/1889, listed on pg.78 of "LA Misc. Records" 1971, by LA DAR, on FHL film 893,747 item 2; Mrs. Malvina Norwood Folkes died 5/2/1860 age 26, dau. of Col. L.H. Duncan at Amite City, Tangipahoa Par. LA, per newspaper 5/9/1860 listed on pg.273 of "Marriages and Deaths from MS Newspapers 1850-1861" Vol.4, by Betty Couch Wiltshire, FHL book 976.2 V2w)
Early Duncans in Warren Co. MS Records:
Polly Duncan, 1 Sept. 1818, mar. William Frye
Stephen Duncan, 11 Jan. 1833? (1838?), of Adams Co. MS released Ambrose and Gideon Gibson from promissory notes, signed in Adams Co., recorded in Warren Co. MS Deed Book F-338. (pg.46, "MS County Court Records from the May Wilson McBee Papers" by May Wilson McBee, Nov. 1958, FHL book 976.2 P2mc)
William Duncan, week ending 10 April 1841, died age 45 years, of infammation of stomach, listed in Sexton's Report published in Vicksburg Daily Whig [Warren Co. MS] issue of 4/14/1841. (pg.105, Vol.2 or 3, 1801-1850, "Marriages & Deaths from MS Newspapers" by Betty Couch Wiltshire, FHL book 976.2 V2w, from Evelyn Sigler 1990)
Hiram Duncan, 5 April 1847, died age 32 years, of typhus fever, listed in Sexton's Report published in Vicksburg Daily Whig [Warren Co. MS] issue of 4/13/1847. (pg.164, Vol.2, 1801-1850, "Marriages & Deaths from MS Newspapers" by Betty Couch Wiltshire, FHL book 976.2 V2w, from Evelyn Sigler 1990)
Albert C. Duncan, 14 Mar 1853, [age] 42 years, [died of] Pneumonia (from Book 1, "Fisher Funeral Home Records, Vicksburg [Warren Co.], MS, 1854-1867, Books 1 and 2" compiled by Mary Lois S. Ragland, pub. by Heritage Books Inc., FHL book 976.229/V1 V2r; from Harold Hopkins 12/2000)
Julia Duncan, 30 Aug 1863, colored, [died age] 49 years, resided Vicksburg (from Book 2, "Fisher Funeral Home Records, Vicksburg [Warren Co.], MS, 1854-1867, Books 1 and 2" compiled by Mary Lois S. Ragland, pub. by Heritage Books Inc., FHL book 976.229/V1 V2r; from Harold Hopkins 12/2000)
Jane W. Duncan, 1 Jan 1865, [age] 26 years, [died of] Typhoid Pneumonia, V.B. (from Book 2, "Fisher Funeral Home Records, Vicksburg [Warren Co.], MS, 1854-1867, Books 1 and 2" compiled by Mary Lois S. Ragland, pub. by Heritage Books Inc., FHL book 976.229/V1 V2r; from Harold Hopkins 12/2000)
"Warren Co. MS Probate Index" by Mary Lois S. Ragland & Jane J. Williams, 1993 (FHL book 976.229 P2r)
This book includes many Duncans, without dates, indexed by Probate number.
END
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