Duncan research files of
1800-1820 Warren Co. PA Census
No Duncan indexed
1830 Warren Co. PA Census Brokenstraw Pg. 23 William Duncon 0000,1 - 0 1840 Warren Co. PA Census Southwest Pg.417 William Duncan 0000,01 - 0000,01
1850 Warren Co. PA Census
Pg.341, #1711, William DUNCAN 45 PA farmer $1000
Jemmimah 44 PA
Pg.343, #1251, Thomas SHEFIELD 40 VT carpenter $600
Julian 21 NY
Morian? (m) 3, Nile (m) 2/12 PA
Orphena DUNCAN (f) 13 PA
Pg.344, #1702, William DUNAM (not DUNCAN)
Pg.344, #1764, James DUNAM (not DUNCAN)
1860 Warren Co. PA Census
Sugar Grove Twp.
Pg.61, #1311-1311, Richard DENRIAN 36 PA farmer $400-$300
Mary 26 NY
Florence (f) 80 PA
Florida 3, Frank 1 PA
Pg.61, #1312-1312, Ransom L. WOODIN 32 PA M.carpenter $0-$300
Lucy A. 26 NY
Viola (f) 5 PA
Nancy M. DANCAN? 61 R.Island
Pg.1036, #9-10, William DUNCAN 55 PA farmer $1000-$300
Jemima 54 PA
1870 Warren Co. PA Census
Pg.45, #81-84, SUGGS, Henry 41 PA ?tenneller? & Innents? $1500-$1000
Elmira 37 PA keeping house $700-$0
Nelson A. 12, Elmira A. 10 PA at home
Clayton (m) 6 PA at home
William H. 4 PA
Seshi (m) 5/12 PA
BROWN, Sarah 17 PA going to school
DUNCAN, J.B. (m) 31 NY laborer
Pg.108, #204-215, DUNCAN, Bell (m) 21 CANada laborer $0-$0, parents of foreign birth
Jennie 21 PA keeping house
Sula (f) 1 PA, father of foreign birth
Pg.274, #24-24, DUNCAN, John 43 PA lumberman $4000-$1500
Abigal 41 NY keep house
Mary E. 15, Jane 14 PA at home
Caroline 13 PA at home
David D. 7, Robert 1 PA at home
Corry (f) 9 PA at home
CHAMBERS, John ?. 25 NY labourer
Warren Co. PA Deed Indexes, 1819-1897 (SLC 10/5/2011)
Grantee/Grantor, Instrument, Book-Page, Date of instrument, date of record, tract or lot nos. (if given), Township or borough
Grantor Index, A-D (FHL film 895,152)
Duncan, Stephen by atty to H.P. Kennear in trust, deed, P-426, Feb. 28, 1856; Jan. 3, 1857; Pittsfield et al (pg.658)
Duncan, Stephen & wife Catharine by atty to Trus. of Spring Creek Twp, Q-389, Mch. 10, 1858; Sept. 7, 1858; (lot?) 310, Spring Creek
Duncan, Stephen and Catharine A. to Adolph Brock, R-177, Sept. 24, 1859; Oct. 29, 1859; (lot?) 309, Warren Boro
Duncan, Catharine A., wf, by atty, to Adolph Brock, R-177, Sept. 24, 1859; Oct. 29, 1859; (lot?) 309, Warren Boro
Duncan, Stephen & Catharine to Margaret E.J. Biddle et al, deed, S-461, Apr. 15, 1861, Aug. 23, 1861, Lot 315 &c, Warren Boro et al
Duncan, Stephen & Catharine (on separate lines), to Mary Donaldson Bell, Assgt, T-203, Dec. 10, 1862, Dec. 10, 1862
Duncan, Wm. & Jemima, wife, to E. Brewer & Co., deed, T-274, Feb.28, 1861, Feb. 28, 1863, lot 183 South West
Duncan, S. by atty to David Steel, Confirms ??, U-521, Dec. 18, 1863, Aug. 1, 1864 (pg.659)
Duncan, Stephen & Catharine A. wf by atty to Catharine Andrews, deed, U-538, May 23, 1864, Aug. 6, 1864, Lot 108 Pittsfield
Duncan, Stehen & Catharine wife by atty to Lansing D. Wetmore, U-721, Aug. 24, 1864, Sept. 17 1864, lot 138 &c, Pittsfield
Duncan, Stephen, and Catharine A., et al, by atty, to Ziba Gorman et al, V-449, Dec. 16, 1864, Dec. 23, 1864, Lots 5579 or 5279
Duncan, Wm. & Jemima wf, to Charles Hewine, W-279, Jan. 12, 1865, Jan. 16, 1865, lot 182 South West
Duncan, Wm. & Jemima? wf, to Thos. L. Cheney et al, X-268, Apr 14, 1864 Apr. 17? 1864, (too dark)
Duncan, Stephen & Catherine A. Duncan wf by atty to M.E.J. Biddle, Assgt, Z-158, Nov. 14, 1862, May 19, 1865 (pg.660)
Duncan, Stephen & Catharine A. wf by atty to Margaret E.J. Biddle, Assgt, Z-448, Nov. 14, 1862, Jan. 1, 1866
Duncan, Thomas G. by atty to James B. Jennings, 29-6, June 13, 1867, July 1, 1867, Lot 21? Deerfield
Duncan, Thomas G. by atty to J.B. Jennings, 30-194, July 8, 1867, Mch 4, 1868, lots 33, 34 Deerfield
Duncan, Thomas G. by atty to J.B. Jennings et al, 30-384, July 8, 1867, Aug. 5, 1868, lots 15,16 Deerfield
Duncan, Thomas G. by atty to Wm. Beleh? et al, 33-674, June 4, 1867, June 16, 1871, lot 33 Deerfield (pg.661)
Did not copy 1870+ or Duncomb
Grantee Index, A-G (FHL film 895,156; SLC 10/5/2011)
Duncan, William from Matthew Taylor and wife, J-278, Oct. 8, 1840; June 2, 1845; tract or lot 183 South West (pg.657)
Duncan, Stephen, from G.A. Irvine et al, R-142, Dec. 24, 1858, Sept. 12, 1859, Lot 82&c et al (pg.658)
Duncan, Dr. Stephen, from William Bell by Shff, T-202, June 30, 1862, Dec. 10, 1862, Pittsfield
Duncan, Stephen from Alfred Huidekoper et al, U-719, Nov. 1, 1860, Sept. 17, 1864, lot 138 Spring Creek
Duncan, Stephen from W. Martin, Assgt, U-719, June 10, 1862 Sept. 17, 1864, lot 138 Spring Creek
Duncan, William from F.B. Brewer, W-239, Mch 4, 1861, Jan. 16, 1865, Lot 152 South West
Duncan, Stephen from T.S. Sheldon, Z-153, May 24, 1856, May 19, 1865, lot 221 Deerfield
Duncan, Stephen from Wm. Martin, Assgt, Z-158, June 10, 1862, May 19, 1865
Duncan, Stephen from W.A. Irvine, X-757, Mch. 1, 1856, Oct. 17, 1865, Lot 5279 Limestone (pg.659)
Duncan, Dr. Stephen from G.V.N. Yates, Assgt, Z-448, June 14, 1860, Jan. 1, 1866
Duncan, Thomas G. from Triumph Oil Co., 28-45, Apr. 20, 1866, May 21, 1866, Deerfield
Duncan, Wm. C. from Abraham R. Davis & wf, 28-345, Aug. 28, 1866, Oct. 18, 1866, Lot 49 Deerfield
Duncan, William C. from John T. Childs & wf, 28-346, May 21, 1866, Oct. 18, 1866, Lot 103 Same (Deerfield)
Duncan, Thomas G. from Jas. B. Jennings et al, 28-510, Dec. 8, 1866, Jan. 3, 1867, Lot 3&c, Deerfield
Duncan, Thomas G. from James Long & wife, 29-288, Dec. 23, 1867, Jan. 23, 1868, Limestone
Duncan, Thomas G. from James Neill & wf, 29-290, Dec. 23, 1867, Jan. 23, 1868, same
Duncan, William from Joseph L. Chark? & wf, 29-520, Jan. 24, 1868, July 11, 1868, lot 182 South West
Duncan, Stephen from William A. Irwine by Shff, deed, 55-680, Dec. 5, 1855, Feb. 16, 1885, lots 80?, 4826?, Pittsfield et al
Duncan, Stephen from Commonwealth of PA, patent, 65-551, Apr. 24, 1865, June 25, 1889, Deerfield
Duncan, Stephen from Francis Bates, Assgt, 65-554, June 9, 1856, June 25, 1889, lot 355 Spring Creek
Did not copy Duncomb, did not copy 1870+ (pg.660+)
Warren Co. PA Deeds (SLC 9/18/2012)
Deeds v.J-K 1844-1849 (FHL film 895,164)
J-278/279: 8 Oct. 1840, Matthew Taylor and wife Hannah of Allegheny Twp, Venango Co. PA, to William Duncan of Warren Co. PA, for $158 paid, sell parcel of land in Southwest Twp., Warren Co. PA, on SE corner of Tract 142, George Davis' west? line, north line of Tract No.182, containing 53 acres and 6 perches more or less, being part of lot deeded by H.J. Hinch Rosm? to said Matthew Taylor, designated as Tract No.183, the said lot being diagonally divided, together with appurtenances, warrant title. /s/ Matthew Tayler, Hannah Tayler. Wit. Warner? Perry, Sarah L. Perry. They ack. deed 19 Oct. 1840 before Warner Perry, J.P. Recorded June 2, 1845. (FHL film 895,164)
Deeds v.P 1856-1857 (FHL film 895,168)
P-426/427: 28 Feb. 1856, Stephen Duncan of Natchez, MS, by his attorney in fact L.D. Welmore by power of attorney made 3 Nov. 1855, to H.P. Kennear of Youngsville, Warren Co. PA, in trust for Joseph M. Garner of Brokenstraw Twp, County & state afsd, for a good consideration and $1 paid, sell in trust for said Joseph M. Garner those certain parcels of land in Pittsfield and Brokenstraw Twps, County & state afsd, 100 acres more or less in Brokenstraw Twp. known as the Barner & Huffman property, bounded on north by land of Albert Chaffee and Stephen Davis, on east by land of Phillip Mead, on south by land of Philip Huffman and land formerly owned by Joseph Garner, and on west by land of Philip Huffman, all improved; also a tract of land in Brokenstraw Twp. bounded on north by land of Philip Mead, on south by land of Amos York, on east by land of Nathan Whitney and on west by land formerly of Joseph Garner, excepting and reserving the land occupied by the double saw mill with all the privileges of flowing? any of the land conveyed in this deed by the dam in connection with said saw mill or any claim for a saw mill, also reserving any land that may be in the use and enjoyment of the water power where the mill is now located, also reserving all land about the saw mill that may be necessary in the use and enjoyment of same ..., also all right for a tail race through said land and the right to alter same, and reserving the right of ingress and egress, the land hereby reserved being from 10 to 15 acres in such shape as may be necessary, the part hereby conveyed after the reservation containing from 25 to 30 acres; also 100 acres more or less in Brokenstraw Twp. bounded north by land of Amos York, east by land of Charles Whitney, south by unknown lands and west by land of Amos York; also about 120 acres in Pittsfield Twp. bounded north by land of William Wentworth, east by land of Eli B. Bishop, south by lands of Albert Chaffee and Apollos Knowles and west by land of John Mead; that if Joseph M. Garner by 1 April 1856 shall pay to H.P. Kinnear $4,000, then H.P. Kinnear shall make a deed for the above premises to said Joseph M. Garner. This deed is made by L.D. Welmore attorney by direction from said Stephen Duncan contained in a letter dated 27 Nov. 1855. /s/ Stephen Duncan by his attorney in fact L.D. Welmore. He ack. deed 3 Nov. 1855 before Henry MaGee, J.P. Recorded Jan. 3, 1857. (FHL film 895,168)
Deeds v.Q-R 1857-1860 (FHL film 895,169)
Q-389/390: 10 March 1858, Stephen Duncan and wife Catharine A. of Adams Co. MS by William A. Irvine their attorney in fact, to Arnold G. Leonard, Wm. Jackson and N.P. Cummings trustees of Spring Creek Twp, Warren Co. PA, for $10 paid, sell parcel of land in Spring Creek Twp, Warren Co. PA, part of a larger tract of land, No.310, bounded ... state road, west line of present enclosed burial ground, line of new road, containing 2 acres and 12-1/2 perches more or less, together with appurtenances, warrant title. /s/ Stephen Duncan, Catharine Duncan, by their attorney W.A. Irvine. Wit. Jno. F. McPherson. Ack. 14 June 1858. Recorded 7 Sept. 1858. (FHL film 895,169)
R-142: 24 Dec. 1858, Galbraith A. Irvine and William C. Irvine by his attorney in fact Galbraith A. Irvine to Dr. Stephen Duncan, for 200 acres of Tract No.82, 5th Donation District, Mercer Co. PA, conveyed by party of second part, receipt ack., sell to party of second part, parcel of land in Warren Co. on east side of Allegheny River adj. H.I. Grunder tract containing 474 acres, also 300 acres of Tract No.82, being the whole of said donation Tract No.82 in Mercer Co. PA except 200 acres conveyed by party of second part to parties of first part, also 500 acres donation lands in Erie Co., also 300 acres donation lands in Mercer Co., also 300 acres in Spring Creek Twp, Warren Co., all in PA, together with appurtenances, warrant title. /s/ G.A. Irvine, Wm. C. Irvine, by his attorney G.A. Irvine. Wit. J.D. Summerton. Ack. 25 Dec. 1858 before J.D. Summerton, J.P. Recorded 12 Sept. 1859. (FHL film 895,169)
R-177/178: 24 Sept. 1859, Dr. Stephen Duncan and wife Catharine A. of MS by their attorney in fact Dr. William A. Irvine, to Adolph Brock of Borough of Warren, PA, for $700 paid, sell lot or piece of ground in Borough of Warren, Warren Co. PA, No.309, being the lot of ground that James Ross, sole executor of John Woods late of City of Pittsburg, PA, decd, and Gen. Callender Irvine of city of Philadelphia in his own right and as Trustee by deed 27 May 1836 granted to Dr. William A. Irvine, and William A. Irvine failed, and said lot No.309 was seized and sold at public vendue on (blank) day of Dec. 1855 and was purchased by afsd Dr. Stephen Duncan, together with appurtenances, warrant title. /s/ Stephen Duncan, Catharine A. Duncan, by their attorney in fact W.A. Irvine. Wit. G.A. Irvine. Ack. 24 Sept. 1859 before J.I. Summerton, J.P. Recorded 29 Oct. 1859. (FHL film 895,169)
Deeds v.S 1860-1862 (FHL film 895,170; SLC 9/18/2012 and 5/1/2013)
S-461/467: 15 April 1861, Stephen Duncan and wife Catharine A. of Adams Co. MS to Margaret E.J. Biddle and Sarah D. Irvine, grandchildren of said Stephen Duncan, of PA, for $10 paid, and love and affection, convey all of the lands as at this date have not been sold or conveyed by said Stephen Duncan, his agents or attorneys:
All that tract of land in New Vernon Twp, Mercer Co. PA, Donation District No.5, No.82, containing 500 acres more or less;
Also all that Lot No.309 in Borough of Warren, Warren Co. PA, containing 13,514 square feet; also all Lot 315 in said Borough of Warren, Warren Co. PA, containing 13,517 square feet; also Lot in said Borough of Warren No.317 containing 13,514 square feet; also Lot 319 containing 13,514 square feet; also lot No.320 containing 13,514 square feet;
Also all that tract of land in Pleasant Twp, Warren Co. PA, opposite the Boro. of Warren and bounded on N & W by Allegheny River, on S by Allegheny River and lands unknown, and E by lands of J. Hook and W.P?. McDows? and by other lands, containing 260 acres more or less on which is erected a two story frame dwelling, frame barn and other buildings, of which about 80 acres are improved; also the tract of land in Pleasant Twp, Warren Co., bounded on east by tracks marked John Wood and R. Falconer, south by R. Falconer and other lands of W.A. Irvine, and on north by Allegheny River, containing 474 acres and 50 perches more or less; also the tract of land in Pleasant Twp, Warren Co. PA, opposite the mouth of Brokenstraw Creek, bounded north and west by Allegheny River, east by other land of Wm. A. Irvine, and south by other lands, containing 473 acres and 90 perches more or less, about 140 acres are in a high state of cultivation, the buildings are a frame dwelling and a frame barn;
Also the tract of land in Brokenstraw, Warren Co. PA, bounded on bank of Allegheny River, ... to mouth of Brokenstraw Creek, containing 217 acres 26 perches and on which are erected a wool factory saw mill and two saws grist mill, foundry, machine shop, pattern shop, two story stone? dwellings, nine two-story frame dwellings, one frame cottage and four frame barns, together with appurtenances ... in use at said mills, factory &c;
Also the parcel of land in Brokenstraw Twp, Warren Co. PA, on the western bank of the Allegheny River, containing 445 acres and 24 perches more or less on which is erected a two-story stone dwelling, about 30 acres are improved;
Also all that parcel of land in Brokenstraw Twp. bounded on NE by Conewango Twp. line, east by Allegheny River, south by Brokenstraw Creek, and west by lands of Barney McKinney, containing 200 acres more or less, about 1/2 under cultivation on which are erected a large two-story stone building called "Corn Planter Hotel" together with its appertenant buildings, one large stone store and warehouse, one ? story stone dwelling, 2 story frame dwellings on 2 story chair and cabinet factory with water power and machinery and 3 frame barns;
Also all that parcel of land in SE corner of Conewango Twp., Warren Co. PA, bounded on East by Allegheny River, south by northern line of last described tract, on west by lands marked Barney McKinney, north by lands of Robert Bell and M.C. Dalryimple, containing 422 acres more or less, about 70 acres are improved and buildings are one 2-story dwelling and one frame barn;
Also parcel of land in Brokenstraw Twp. bounded north by Philip Mead, west by Paul Hoffman, south by Ann York, and east by Rach. Whitney, containing 84 acres more or less, half of it improved, buildings, one double saw mill and water privilege, a 2-story frame dwelling and hay barn;
Also parcel of land in Spring Creek Twp, Warren Co. PA, the eastern part of Tract No.355, bounded on east by Tract No.354, north by Tract No.358, south by Tract No.146, west by 140 acre parallelogram ...; also all that parcel of land in Spring Creek Twp., being the whole of Tract No.310 at the junction of Spring and Brokenstraw Creeks, containing 405 acres and 132 perches, buildings are one saw mill, 3 2-story frame dwellings and 3 frame barns;
Also parcel of land in Spring Creek Twp., being part of Tract No.311, bounded south by lands of A. Watt and Uriah Jackson, east by John Evin, north by John and Mallory, west by other lands of William A. Irwin, containing 203 acres more or less, on which are erected a double saw mill, two 2-story frame dwellings and a frame barn; also parcel of land in Spring Creek Twp, part of Tract No.304, bounded east by other lands of William A. Irvine in tract 310, south by lands of S. Akins, north and west by other lands, containing 200 acres more or less, on which is erected a 2-story frame dwelling; also parcel of land in Spring Creek Twp, part of Tract No.363 from which the timber has been stripped, bounded by other lands, containing 100 acres;
Also parcel of land in Deerfield Twp., Warren Co., Lot No.106 containing 483 acres and 78 perches more or less, on which are erected one saw mill, one frame dwelling and one log dwelling; also parcel of land in Deerfield Twp, Lot No.331 bounded west by Tract No.330, north by Tract No.160, south by Tract No.332, east by Tract No.162, containing 400 acres more or less; also parcel of land in Deerfield Twp, Tract No.216, containing 434 acres more or less; also parcel of land in Deerfield Twp. Tract No.221 containing 434 acres more or less;
Also parcel of land in Eldred Twp, Warren Co. PA, Tract No.326 containing 391 acres of which 30 acres are improved, erected a steam saw mill and dwelling; also parcel of land in Eldred Twp., Tract No.77 containing 300 acres; also tract in Spring Creek Twp., Tract No.72, containing 413 acres more or less;
Also parcel of land in Limestone Twp., Warren Co. PA, being part of Tract No.5280, beg. at William Magill's land, ... land of Hunter, together with two islands in the Allegheny River opposite said tract, the whole containing about 120 acres, of which 60 are improved, on which are erected one double saw mill and lath mill, 4 frame dwellings, smith shop and frame barns;
Also parcel of land in Limestone Twp, part of Tract No.5278 containing 600 acres more or less, same tract as sold by ?? Brown Esq. to W.H. and Z. Brigham; also parcel of land in Limestone Twp, Tract No.4820 containing 990 acres more or less; also parcel of land in Limestone Twp, Tract No.4822 containing 990 acres on which are erected a steam saw and siding mill, two frame houses and appurtenant buildings; also parcel of ground in Limestone Twp, Tract No.5250, containing 700 acres more or less, conveyed to Stephen Duncan by Westly Frost, Marshal of the US for the Western District of PA by deed 23 July 1856;
And also parcel of land in City of Erie, Erie Co. PA, Lot No.1955, bounded on NW by 6th St., on NE by Lot 1958; SE by Lot No.1956, and SW by Lot 1954, containing about 1/3 of an acre; Also conveyed by said Marshall to said Duncan by deed dated last afsd.
And also all that parcel of land in Brokenstraw Twp., Warren Co. PA, beg. at a stone on the bank of the Allegheny River, the SE corner of another tract belonging to said William A. Irvine, containing 403 acres and 136 perches more or less, about 1/4 under cultivation, on said tract an erected 2 story stone dwelling, one two story frame manor? house, three frame barns and appurtenant out buildings, conveyed to said Marshall C. Reuntas? Brown by deed dated date afsd and afterward on 13 Dec. 1850 conveyed by said Burns & Elizabeth his wife to said Stephen Duncan.
And also all that parcel of land in the City of Erie known as Lot No.1060, bounded on NE by Holland St., on SE by 7th St., on SW by Lot No.1957 and on NW by Lot No.1954; Also all that parcel of land in said City of Erie known as Lot No.1957 bounded on SE by 7th St., on SW by Lot No.1956, on NW by Lot No.1958, and on NE by Lot No.1960, containing about 1/3 of an acre; Also all that parcel of land in said City of Erie known as Lot No.1956 bounded on SE by 7th St., on SW by Lot No.1953, on NW by Lot No.1955, and on NE by Lot No.1957, containing about 1/3 of an acre.
Also all that parcel of land adjacent to City of Erie in township of Mill Creek, Erie Co. PA, Number 271, bounded on W by Ash? Lane and containing about 5 acres; Also all that parcel adjacent to City of Erie in said Mill Creek Twp, No.272, containing 5 acres, bounded on W by Ashe Lane; Also all that parcel in said Twp. of Mill Creek No.391 bounded on N by Lot No.392, on W by Lot 390, on E by Beach Lane, and on S by ot No.271, containing about 5 acres; Also all that parcel in said Mill Creek Twp. No.570, bounded on E by Beach Lane, on N by Lot No.391, on W by Lot No.271, and on S by Lot No.269, containing about 5 acres; Also all that parcel of land in Mill Creek Twp. No.269, bounded on E by Beach Lane, on S by Buffalo Road, on W by Lot No.272 and on N by Lot No.270, containing about 5 acres, conveyed by said Marshall to J.B. Alexander by deed first mentioned and afterwards conveyed by said Alexander and Lucy F. his wife to Stephen Duncan by deed Nov. 19, 1858.
And also all that parcel of land known in the town of Erie as Out lot No.407, being now in the City of Erie, commencing at SE corner of Trck? and 12th St. in said City, then SW by E line of Beach? St. by land of John A. Haus, then to State St., then by line of State St. to corner of State and 12th St., then by S line of 12th St. to the beginning, conveyed by said Marshall to said Alexander and by him and wife to said Duncan by deeds of same date as last above mentioned.
And also all that tract of Donation Land in Amity Twp, Erie Co. PA, in the 10th Dist. beg. at SW corner of Tract No.186, then by center of road ... by Tract No.185, Tract No.189, Tract No.187, then to the beginning, containing 573 acres and 140 perches & allowance, 300 acres improved and has? frame houses and barns; Also all that parcel of land situate in Mill Creek Twp, Erie Co. PA, numbered Out Lot 268 adjacent to city of Erie and containing 5 acres conveyed by said Marshall to said Alexander and by him & wife to said Duncan by deeds of same dates as above.
And also real estate in Limestone Twp, Warren Co. PA, being part of tract No.5,275, at NW corner of land lately purchased of Jacob Levering by Benjamin McGee and Henry McGee, ... bank of the River, down the River south ... then ... to the W line of Benjamin & Henry McGees land, then to the beginning, containing 3 acres and 32 perches more or less; Also one other piece of land in said Limestone Twp containing 550 acres more or less adj. above, being the SW 1/2 of Tract No.5226, bounded on NE by the other half of said tract, on SE by No.5227, on SW by Tract No.5276, and on NW by Tract No.5275, about 2 acres of which are improved, and one small frame house painted white.
Also one other piece of land in Limestone Twp. containing 360 acres more or less, being the middle part of Lot No.5227 conveyed by Galbraith to James F. Magee, conveyed by James Foreman Sheriff of Warren Co. to said Stephen Duncan 5 Dec. 1855.
Together with apurtenances, Provided nevertheless that parties of first part retain to be held and exercised by him the said Stephen Duncan a right and power to sell and convey to the puchasers any of said land, until 1 Jan. 1863, the proceeds of sale and all interest to be paid, assigned & delivered to said parties of second part ..., and parties of second part may demand and receive in the name of the parties of the first part, all monies, etc. from the sale of any of the above lands since 1 April 1861, and parties of first part shall assign to second part monies from sales after 1 Jan. 1863. The above lands and other effects conveyed are to be accounted for as an advancement to them as heirs and distributees by said Stephen Duncan at a valuation charged by him in his journal of 1861, page 105. And Stephen Duncan warrants title. /s/ Stephen Duncan, Catharine A. Duncan. Wit. S.P. Duncan, M.L. Pringle. Ack. 6 May 1861 by Stephen Duncan and Catharine A. Duncan before Robert W. Wood, Commissioner resident in City of Natchez, Adams Co. MS. (FHL film 895,170; SLC 9/18/2012 and 5/1/2013)
Deeds v.T 1862-1864 (FHL film 877,985)
T-202/203: 30 June 1862, Henry P. Kinnear, High Sheriff of Warren Co. PA, that by writ of Fieri Facias issued by Allegheny Co. District Court at Pittsburg to recover of William Bell late of his county a debt of $827.50 and interest and costs recovered by Samuel J. Rankin ... the sheriff seized a parcel of land in Pittsfield Twp, Warren Co. PA, bounded on north by land formerly of Wm. A. Irvin, east by land of John Mead, south by land of John Fordan, and west by land of David Mead containing 50 acres more or less, of which about 30 acres are improved with a frame house and barn, the sheriff on 5 June last past was directed to sell the land ... on 30 June sold to Dr. Stephen Duncan for $300, the highest bidder, with appurtenances. /s/ H.P. Kinnear, Sheriff. Wit. R.K. Russell. Ack. 5 Sept. 1862, entered in proceedings of Court of Common Pleas in Minute Book No.3 pg.361. (FHL film 877,985)
T-203: Written on back of above deed, assign to Mary Donaldson Bell all our interest to the within deed and land. /s/ Stephen Duncan, Catharine A. Duncan, by their Atty in fact W.A. Irvine. Wit. J.D. Summerton. Ack. 10 Dec. 1862 before J.D. Summerton, J.P. Recorded Dec. 10, 1862. (FHL film 877,985)
T-274: 28 Feb. 1861, William Duncan and wife Jemima of South West Twp, Warren Co. PA, to E. Brewer & Co. of Borough of Titusville, Crawford Co. PA, for $400 paid, sell parcel of land in South West Twp, Warren Co. PA, on the west line of Tract No.183, north from SW corner of said whole tract, ... containing 45 acres and 68 perches, being the SW corner of Tract No.183, together with appurtenances, warrant title. /s/ Wm. Duncan, Jemima Duncan. Wit. Warner Perry. They ack. deed 28 Feb. 1861 before Warner Perry, J.P. Recorded Feb. 28, 1863. (FHL film 877,985)
"Pennsylvania state reports, comprising cases adjudged in the Supreme Court of Pennsylvania" cases argued at May and October and November terms 1880; by A. Wilson Norris, Vol.XIV; Vol.95, pgs.15 to 21 (California State Law Library, Sacramento, 2/2004, "Duncar" as printed)
JAMIESON v. CAPRON, to use, &c.; Supreme Court of Pennsylvania, Middle District, Harrisburg; 95 Pa. 15; May 26, 1880, Argued; June 14, 1880, Decided.
Error to the Court of Common Pleas of Warren county: Of May Term 1880, No. 211.
Debt by J. R. Capron for use of Henry P. Duncan and others, against H. E. Brown, administrator of the estate of E. H. Dunn, deceased, John R. Shaw and H. A. Jamieson.
This action was brought to recover on two property bonds given in two actions of replevin instituted in the Common Pleas of Warren county. The writ was served on H. A. Jamieson alone, the surety for the defendants in the bonds. Both replevin suits were brought in the names of Henry P. Duncan, Samuel Duncan and Stephen Duncan, executors of Stephen Duncan, deceased. The property was replevied and bonds given by defendants. After the cases were at issue on the pleas of ne unques executors, non cepit and property, motions were made by the plaintiffs in both cases to amend the record by changing the title of the suits by substituting the heirs of Stephen Duncar (MAD: sic) (naming them) as plaintiffs, and about four and a half years thereafter the substitution was ordered.
There were recoveries in the replevin suits in favor of Duncan's heirs, and they undertook, in this case, to collect the amount from the surety in the cases, on bonds executed to the sheriff in the name and for the benefit of the executors, not the heirs, of Stephen Duncan.
The questions in the case were, had the court the right to make the amendment, and if so, whether a recovery can be had against the surety in the amended cases, on the bonds given in the cases as they were originally brought?
Trial by jury was dispensed with, and the case was tried by the court, Wetmore, P. J.
At the trial the records in the replevin suits were offered in evidence, and defendants objected, for the reason that they were not the same cases in which the bonds in suit were given. Objection overruled and evidence admitted.
The defendant submitted the following points, all of which the court refused:
1. There having been no recovery by Duncan's executors, in whose favor the original suit was brought, who were the plaintiffs when the bonds in controversy were given, there can be no recovery against the defendant, who was the bail in the bond given by defendants for the property replevied by Duncan's executors.
2. That the amendment made by striking from the record the original party plaintiffs and substituting in their places entirely different parties, affects only the record of the cases in which the amendment was made, and has no effect whatever on the bond given to the sheriff as far as Jamieson, the bail is concerned.
3. The court had no power to amend anything farther than the writ, declaration, plea and judgment in the cases in which the amendment was made.
4. The above-named defendant was not a party to any of the proceedings in the original cases, had no notice of the application of the plaintiffs to amend, and is not bound by the action of the court in allowing the amendment.
5. That the act of Duncan's executors in procuring the amendment by which others were substituted as plaintiffs in their place, released the surety in the property bond, against whom the substituted plaintiffs seek to recover in this case.
The court found the facts substantially as set forth above, and in their conclusions of law, inter alia, said:
"The condition of the bond is that Eli H. Dunn et al. shall appear in court and defend and make good their claim to the timber or lumber. As between the executors and the heirs at law of Stephen Duncan, deceased, it was of no consequence to defendants to whom the property belonged.
"The construction of the bond of the bail is that they shall not be bound beyond the extent that shall appear by the surroundings of the transaction to have been contemplated at the time of the execution. Law and equity cast the responsibility on the surety, if by the terms of the agreement he assumed it; but this would not be so if the bond of the surety is not within the scope of the undertaking. When the bond was executed there existed the right under the law to add or alter the names of parties, plaintiff or defendant, when a mistake or omission had occurred in the same.
"If the amendment was within the authority of the court at the time and duly made, the rights of the defendant were subject to the exercise of this authority. It was within the scope of the undertaking of defendant. This position is fully sustained in the case of Hocker v. Woods's Ex'rs., 33 Pa. 466, which rules this case."
The court then entered judgment for plaintiff for $1095.02. Exceptions were filed by defendant to the decision of the court which were dismissed. This writ was then taken, defendant alleging that the court erred in the above entry of judgment, in the admission of the records of the suits in reolevin, and the refusal of the foregoing points.
(MAD: arguments of counsel omitted here)
Before Mercur, Gordon, Trunkey, Sterrett and Green, JJ. Sharswood, C. J., and Paxson, J., absent.
Mr. Justice STERRETT delivered the opinion of the court, June 14th 1880.
The contention of the plaintiff in error is that he was discharged from liability as surety on the property bonds in consequence of the amendments in the replevin suits, made without authority of law, as he claims, and without his knowledge or consent. The actions of replevin were brought by Henry P. Duncan, Samuel Duncan and Stephen Duncan, executors of the last will and testament of Stephen Duncan, deceased, against Eli H. Dunn et al., who claimed the property replevied, gave bonds to the sheriff in the usual form, and pleaded non cepit and property, upon which issue was joined. Subsequently, on application of the plaintiffs, an amendment was allowed in each case, by which the words "executors of the last will and testament" were stricken out, and the words "heirs at law" substituted, and the names of other heirs at law were added as plaintiffs. As thus amended, the cases were tried and resulted in judgments for the plaintiffs, who then brought the present suit on the property bonds, in the name of the sheriff to their use against the plaintiff in error, and judgment was obtained against him for the amount recorded in the actions of replevin.
If the amendments were unauthorized, it will scarcely be pretended that the surety in the property bonds would not be discharged. But so far as the records in the replevin suits given in evidence in this case have been brought to our notice, there is nothing to show that the amendments were either unauthorized or irregular; on the contrary they appear to have been within the letter and spirit of our statute of amendments. They consisted, as we have seen, first in changing the character in which the plaintiffs sued from executors to heirs at law, and secondly, in adding the names of other heirs at law who were not executors. Amendments, similar in principle, have been frequently sanctioned: Kaylor v. Shaffner, 24 Pa. 489; Schollenberger v. Seldonridge, 49 Pa. 83; Cochran v. Arnold, 58 Pa. 399; Westcott v. Edmunds, 68 Pa. 34. It is said in Kaylor v. Schaffner, supra, that whenever it appears a mistake has occurred "it is the duty of the court to correct it, taking care that the amendment be not used for the purpose of introducing a cause of action substantially different from that on which the suit was actually though informally brought."
The case before us is distinguishable from Kille v. Ege, 82 Pa. 102, in this, that the original plaintiffs in that case had no cause of action, either in their own right or in any representative capacity, and were accordingly nonsuited. The plaintiffs who recovered were new parties, brought upon the record two years after suit was commenced, strangers to the original plaintiffs and in no way connected with them by privity of interest or otherwise. The three plaintiffs who originally sued in this case were in fact heirs at law of Stephen Duncan, deceased, and the mistake that appears to have been made was in styling them executors instead of heirs; and that was clearly amendable. There was no change in the cause of action. The basis of claim before as well as after the amendment appears to have been title derived from Stephen Duncan, deceased. The parties brought upon the record were not strangers to the claim. They were joint heirs with the original parties, and all derived title to the property in controversy from a common source.
It follows, therefore, that the defendant had no available defence, either on the ground that the amendment was unauthorized, or that it introduced a new cause of action.
But, it is further contended that, inasmuch as there could have been no recovery by the original plaintiffs in their capacity as executors, the effect of the amendment was to change or increase the liability of the surety, and that he was thereby discharged. This would undoubtedly be correct if his obligation as surety for the defendants had not contemplated a trial and judicial determination of the cause of action, on which the replevin suits were based, according to the established course of practice in such cases, because it is a just and reasonable principle of law that the contract of a surety shall not be changed without his consent, express or implied. When a person becomes surety for another in a judicial proceeding, there is an implied understanding that it shall be conducted according to the provisions of law relating thereto. The statutes regulating amendments, as well as other incidents of trial, are as much a part of the contract, in the contemplation of the parties thereto, as if they were embodied in the condition of the bond. There is and necessarily must be this distinction between contracts of suretyship in ordinary business affairs, and those connected with judicial proceedings. If the holder of an obligation against two, with a surety for both, releases one of the obligors, he thereby, for obvious reasons, discharges the surety; but, if a person becomes surety for two administrators or guardians, and one of them is discharged by court, without the knowledge or consent of the surety, his liability for the official acts of the remaining administrator or guardian still continues. The reason of this is, that the surety, when he entered into the obligation for both, knew, or must be presumed to have known, that the court had power to discharge one, and thus devolve all the duties of the office on the other, and in view of this he consented to the condition that the court might exercise any authority with which it was invested, without releasing him from liability as surety. In Hocker v. Woods's Ex'r, 33 Pa. 466, the question was as to the liability of the surety for two joint guardians, one of whom was discharged by the court, and it was held that his liability for subsequent acts of the remaining guardian still continued. The distinctive features of a surety's contract in judicial proceedings are there adverted to, and it is said: "The Acts of Assembly, under which official bonds are given and judicial contracts are made, enter into and modify such bonds and contracts; and the parties must be considered as contracting with the view to what the law prescribes, and as assenting to all the legal consequences of their act." So, in the present case, the plaintiff in error, in becoming surety for the defendants in the actions of replevin, must be considered as having contracted with reference to the law applicable to the trial and final determination of the cases, and with the view of becoming responsible for the amount that might ultimately be adjudged against the defendants.
What has been said has reference only to such amendments as are authorized by the statutes. If a new cause of action is introduced or new parties brought upon the record against whose claim the Statute of Limitations has fully run, and a recovery is permitted, the rule as to liability of the surety would be different.
The conclusion reached by the learned judge in this case was correct.
Venango Co. PA Deed (FHL film 1,315,332; SLC 9/18/2012)
72-1/3: 16 April 1866, William Newkirk and Sophronia Newkirk his wife of Pleasantville Borough, Venango Co. PA, and Thomas Mitchell and Delia Mitchell his wife of Ashtabula, OH, to John B. Duncan of Southwest Twp, Warren Co. state afsd [PA], for $200 paid, sell parcel of land in Borough of Pleasantville, Venango Co. PA, in the center of the Holeman? Road now Plank Road, along lands of James Bittle, lands of said Newkirk & Mitchell, containing 1/2 acre of land, being the same lot and premises formerly occupied by William M. Moulton and which he leased from said Mitchell and Newkirk 12 Aug. 1865, being a part of a piece of land conveyed by Edwin Boyles, guardian of Oren & M?lore? Dawson, minor children of William Dawson late of Pleasantville Borough, Venango Co. PA, decd, said lot on the north side of the Plank Road and opposite the house and land formerly owned and occupied by Alvin Benedict, together with appurtenances, warrant title. /s/ William Newkirk, Sophronia Newkirk, Thomas Mitchell, Cordelia Mitchell. Wit. James L. Connely; Ella Weir, F.H?. Sherman, witness to Thomas Mitchell & wife. 16 April 1866, William Newkirk and Sophronia Newkirk his wife ack. deed before James L. Connely, J.P.. Ashtabula Co. OH, on 21 April 1866, Thomas Mitchell and Cordelia Mitchell his wife ack. the deed before W?? H. Sherman, J.P. Certification by A.B?. Wakins, Clerk of Court of Common Pleas of Ashtabula Co. OH, for F.H?.Sherman, Esq., 21 April 1866. Recorded Aug. 24, 1868. (FHL film 1,315,332)
"New York Times," New York, New York, 25 Jul 1866 (from Kathy D. Cawley 10/2006)
Obituary. DUNCAN.- At Irvine, Penn., on Saturday, July 14 , at residence of DR. W.A. IRVINE, MISS EMILY DUNCAN, in the 74th year of her age. (MAD: Irvine, Warren Co. PA)
Return to Index to Duncan Research Files in Pennsylvania
Return to The Genealogy Bug's Home Page