GRAINGER CO. TN
 

LAND RECORDS
 

Land records, North Carolina and Tennessee; indexes, 1600-1959; by NC Secretary of State, Land Grant Office (SLC 5/30/2011 copied by CVD)
      Land warrants are documents issued at local land offices to purchasers of public lands. When these warrants are surrendered, the buyers are issued conveyances (deeds). The land warrants (and other miscellaneous records) are organized by file numbers in alphabetical sequences of counties. Some of the counties are now Tennessee counties. These records are in packets. On each packet cover are spaces for the following information: file number, county, purchaser's name(s), number of acres, grant number, date issued, entry number, date entered, book number, page number & location. ... The key to finding the related packets are the file numbers.
      Index cards to grants made in western lands, now Tennessee, prior to the cession of the lands to the U.S. government in 1789; including grants made on military warrants, patents issued after the cession date; includes WESTERN, MIDDLE AND EASTERN DISTRICTS, ca. 1778-1800 ---- "A" - David Ginn (to be cont.) (FHL Film 1,942,646)
            Duncan, Peter, File No.443, Eastern Dist., 100 acres, Grant No.398 issued 19 July 1797, Entry No.---- entered ----, Book No.91, page no.623, Location: N.side of the river Knobs (MAD: Grainger Co. TN)
 

Tennessee Land Grants Index (FHL film 1,002,730)
      Copied all Duncan, Dunkin, etc. (no Duncomb) through 1849; did not copy later index. Film consists of small index cards for each grant; some grants are repeated if they appear in two books.
      Name, Grant #, Acres, Date, County, Book & Page, District (Actual grant books are in series by District, then book volume & page)
      Benjamin Duncan, 12673, 50a, 4/3d/1826 (sic), Grainger, 11-168, East
      Thos. Duncan, 23674, 60a, 4/3/1841, Grainger, 24-352, East
 

Grainger Co. TN Entry Takers Books
      Entry Takers Books 1818-1851 (FHL film 968,610 item 2-3)
            Vol. 1818-1837 - no Duncan
            Vol. 1824-1851 - no index
      Entry Takers Books 1825-1838, 1848-1921 (FHL film 968,611)
            Vol. 1825-1838 - no index
            Vol. 1848-1921 - no Duncan

Grainger Co. TN Land Entry Books (FHL film 968,612)
      Vol. 1824-1829 - also indexed Thomas Duncan, pg.123, not found
            Pg.122: Entry #255, recd. 19 Jan. 1825, Benjamin Duncum enters 50 acres beg. in Grainger Co. on a black oak on my own line, adj. lines of G. McBees, Cobbs, Larrimores, Sylat Myneth, then to the beg. for complement.
      Vol. 5/1831-5/1852 - no index
            Pg.123, Entry #1000, recd. 29 Nov. 1837, Thomas Duncum this day locates and enters 60 acres in Grainger Co. TN between the main stage road and Holston River area on both sides of the road leading from mouth of Richland Creek to W. Bus Fork Road, in William Bedens line; Nov. 29, 1837.
 

Grainger Co. TN Deed Indexes (FHL film 968,596)
      Index Vol.1, 1797-1855 - no Duncan/cum from K-334 through Book M
      Index Vol.2, 1855-1875 - Vol.N, 15 & later (no Duncan Vol.N; have V.15 & 16)
            No others Book N, 15, 16; through 1865
      Index Vol.3, deeds and trust book 1868-1895
            Trust Book 3:
                  3-212: 1888, G.C. Duncan to Key & Morgan, trust
                  3-226: 1888, G.C. Duncan to C.J. Morgan, trust
            19-97: 1876, Cannon Duncan to Wm. James
            3-389: 1890, G.C. Duncan to J.C. Jones, trust
      Quit in 1890's
 

Grainger Co. TN Deeds
      A-49: 12 Dec. 1797, Joseph Cobb to John Dunkin, both Grainger Co. TN, $100, 100 acres on north side of Holston River in the knobs including the said Dunkins improvement and whereon he now lives, beg. cedar & ash, S 10 deg. E 90 poles to stake, N 80 deg. E 180 poles to stake, N 10 deg W 90 poles, thence to beg. No wit. (FHL film 968,596)
      A-154: (blank day and month) 1798, Benjn. Duncan to John Lee, both Grainger Co. TN, £30, 88? acres on Indian Creek on VA boundary line, line made by Berry to Alexr. Stewart. Wit. Henry Rains, Wm. Dougherty. Reg. Nov. 1799. (FHL film 968,597)
      A-162: 2 March 1800, James Whitlock (seal) to George Miller both Grainger Co, TN, $22.50, 15 acres N side Holston, Nicholas Perkins survey; wit. John Condby?, William Duncan. (FHC film 464,092; also from Margaret Shelton 11/1999)
      A-211: 14 Oct. 1800, Peter Dunkin (signed Peter Duncan) to Abraham Hook, both Grainger Co. TN, 90 lbs?, 100 acres whereon I now live on north side of the river knobbs on small branch, beg. on north bank of said branch at poplar and white oak, S 30 deg. E 140 poles to hickory & bunch? of dogwoods, N 60 deg. E 120 poles to stake, N 30 deg. W 140 poles to stake, thence to beg. Wit. (tight binding) -- Miller, -- Shetton?. Rec. May 1801. (FHL film 464,092; comments by Margaret Shelton 11/1999: I have Abraham Hork, but the writing was not clear; I also wondered if it might be Hord; Witnesses are Peter Miller, John Shelton.)
      F-429: "State of Franklin, Franklin Co." 10 Dec. 1821, John Duncan (signed John Dcan) and Mary Rice, admr. of Charles Rice decd, both of Franklin Co. GA, to Thomas Davis of Grainger Co. TN, $300, 150 acres adj. Henry Riches corner, incl. the houses and plantations. Wit. Henry Allsup, William Thompson, Reuben Yates. Proven by Allsup & Yates Feb. 1833. (FHL film 968,599)
      F-501: 20 Dec. 1830, John Lyons title bond to William Duncan, both Grainger Co. TN, $1000, 150 acres where Lyons now lives. Wit. Thomas Brown, John Simmons. (FHL film 968,599)
      K-166: 3 Nov. 1845, Philip (X) Duncan of Knox Co. TN to Benjamin Duncan of Grainger Co. TN, $15, 50 acres on both sides of Public Road from Richland Creek to Knoxville, that is, Philip Duncans undivided interest in the above land of which Thomas Ducon (sic) died possessed, adj. lands of Benjamin Duncan, H.A. Hall, John Longe & James Hawkins and others. Wit. Thomas B. Reed, Samuel Shields. Rec. on oath of wit. who "are" acquainted with Philip Duncan. (FHL film 968,601)
      K-334: 12 Feb. 1846, Benjamin Duncan of Grainger Co. TN to legal heirs of Able Hawkins Jr., decd, namely Jane Hawkins, widow of said Able Hawkins, Thomas W. Hawkins, Deborah Hawkins, Mary Jane Hawkins and John W. Hawkins, said four children are all under age and heirs at law of said Able Hawkins of Knox Co. TN, $150, all my right to 50 acres on both sides of Public Road from Richland Creek to Knoxville, adj. H.A. Halls formerly Silas Mynatt's line. Wit. Samuel Shields, Thomas C. Hawkins. (FHL film 968,601)
      (No other deed to Able Hawkins heirs or Jane Hawkins through 1855)
      15-269: 17 Oct. 1860, Gainum (+ his mark) Duncome and Pharoh (+ his mark) Duncome; whereas we have a fee simple interest in remainder to take effect and be united with the possession after the death of Nicey Duncome who has a life estate in the land, a portion in Knox Co. and portion in Grainger Co. in 8th Civil District, 150 acres adj. lands of James Howel, James Hankins, G.C. McBee and others, for $150 deed to Kennon Duncome our interest. Wit. John A. McKinny, Saml. Shields. Reg. on oath of wit. 9 Jan. 1861. (FHL film 968,603)
      15-522: 11 Oct. 1862, Allen Clay and wife Ann (+) to Kennon Duncom, all Grainger Co. TN, $50, land in Grainger Co. TN, being undivided 1/10 part of lands the late Benjamin Duncom died seized and possessed, the whole estimated to be 159 acres. Wit. Harrison? (Covenon?) (Conon?) G. Lea, William (X) Jones. (FHL film 968,603)
      16-214: 11 Sept. 1866, Wm. (+) Jones to Cannon Duncum, both Grainger Co. TN, $15.75, land (no acres) on Richland Creek adj. Skeggs line. Wit. John D. McKiney, R.R. Skaggs. (FHL film 968,604)
      16-271: 5 Dec. 1866, Artilissa (X her mark) Duncome and Joseph (+ his mark) Duncome have interest in remainder of Nicey Duncome's 150 acres adj. lands of the heirs of James Howel decd, O?.C. McBee & others, for $80, convey to Wm. C. Sharp two undivided tenths ... our father Benjn. Duncom decd. Wit. John A. McKinny, R.R. Skaggs. (FHL film 968,604)
      16-272: 5 Dec. 1866, Kennan (X his mark) Duncom, have interest in four undivided tenths at death of Nicey Duncom in 150 acres, being the entire interest I purchased from Gainum Duncom, Pharoh Duncom and Anna and Allen Clay and my own interest, for $175, convey to Wm. C. Sharp. Wit. John A. McKinny, R.R. Skaggs. (FHL film 968,604)
      16-277: 5? Aug. 1866, R.R. Skaggs and Effa Ann (X) his wife to Cannon Duncum, all Grainger Co. TN, $1000, 110 acres on Richland Creek, adj. Wm. Jones, the heirs of R.W. Blain decd, and others, where R.R. Skaggs now lives. Wit. Saml. Shields, John A. McKinney. (FHL film 968,604)
      (MAD: no other deeds to Wm. Sharp to ca 1880, or from Wm. Sharp for this property; no other Duncan to end of index (1875))
      19-97: 3 July 1871, Cannon (X) Duncom of Grainger Co. TN to William Jones of afsd, for $800, two tracts in 8th Dist. on waters of Richland Creek: (1), 102 acres corner to R.W. Blair decd near a grave yard, adj. lands of George Jones, heirs of R.W. Blair decd, the said William Jones, and others, being the land sold to said Duncom by R.R. Scaggs and wife; (2) 1-1/4 acre adj. first, sold by said Jones to said Cannon Duncum; wit. John A. McKinney, Samuel Shields. (FHL film 968,605)
 

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COURT RECORDS

Grainger Co. TN County Court and Court of Pleas & Quarter Sessions Minutes; indexes are at front of some volumes; prior to 1836 the County Court was known as Court of Pleas & Quarter Sessions
      1796-1802 - see separate (FHL film 24,657 item 1, ca 1980)
      1802-1812, typed by WPA - see separate (FHL film 24,659)
      1812-1826 - no Duncan (FHL film 24,657 item 5, ca 1980)
      Minutes v.(1)-3, 1796-1816; (v.4 missing); v.5, 1822-1823 (FHL film 968,587)
            Vol.1, 6/1796 - 8/1802 - no index
            Vol.2, 11/1802 - 12/1812 - no index
            Vol.3, 5/1812 - 8/1816 - no index
            Vol.5, 2/1822 - 11/1823 - no index
      Minutes v.6-7, 1824-1842 (FHL film 968,588)
            Vol.6, 2/1824 - 11/1830 no index
            Vol.7, 2/1831 - 9/1842 - no index
      Minutes v.8-10, 1842-1857 (FHL film 968,589)
            Vol.8, 10/1842 - 6/1848 - no index
            Vol.9, 7/1848 - 1/1852 - no index
            Vol.10, 2/1852 - 3/1857 - no index

Grainger Co. TN Court of Pleas & Quarter Sessions Minutes 1796-1802 (FHL film 24,657 item 1)
      Pg.42: 12 Dec. 1797, deed from Joseph Cobb to John Duncan acknowledged.
      Pg.43: 12 Dec. 1797, John Duncan on jury.
      Pg.44: 14 Dec. 1797, Peter Duncan found not guilty of Petit larceny.
      Pg.126: 21 Nov. 1799, deed from Benjamin Dunkin to John Lea registered.
      Pg.150: 20 Aug. 1800, John Duncan found guilty of Petit Larceny, sentenced to 25 lashes on his "bear" back.
      Pg.186: 21 May 1801, deed from Peter Duncan to Abraham Hork for 100 acres registered.
      Pg.211: 21 Aug. 1801, lands to be published in Knoxville Gazette for tax due: John Duncan 200; Peter Duncan 100.
      Pg.211: 21 Aug. 1801, William Duncan (& others) appointed to patrole in Capt. Willson's Co. in Grainger Co. to keep good order.

Grainger Co. TN Court of Pleas & Quarter Sessions, 1802-1812 (typed by WPA, indexed; FHL film 24,659)
      Pg.76: 3rd Monday of Aug. 1804, Pleasant M. Miller and William Duncan securities for John Condly and Nancy Miller, widow of George Miller decd, to adm. estate. Inventory returned.
      Pg.224: Aug. 1807, Charles Metlock vs. Joseph Dyer; jury included Henry Bowen, John Bowen, George Moody, Moses Hodge, Miller Easley, Henry Howell, Robert Honeycut, John Duncan, John Griffits, Seth Coulter, Jesse McAnally and Thomas Bunch.

Grainger Co. TN Court of Pleas & Quarter Sessions Minutes 1812-1826 (FHL film 24,657 item 5)
      No Duncan

Grainger Co. TN County Court Minutes (in TN Archives) 1816-1848; includes index
      1816-1821 - Rewritten minutes, index at back, no Duncan (FHL film 464,095)
      1828-1830 - Part II, no index (FHL film 464,096)
      1822-1823 - index at front, no Duncan (FHL film 464,097)
      1831-1842 - index at front, no Duncan (FHL film 464,098 and 464,099)
      1842-1848 - no Duncan indexed (FHL film 464,100)
      1848-1852 - no index (FHL film 464,101 item 1)

Grainger Co. TN Circuit Court Enrollment Books, Equity cases & Minutes, 1810-1893; indexes at front of most volumes
      Enrollment books 1829-1834, 1852-1853 - no index (FHL film 968,570)
      Equity cases 1826-1835 - no index (FHL film 968,570)
      Minutes, Civil, 1810-1852 (FHL film 968,571)
            8/1845 - 8/1852 - no Duncan
            4/1810 - 4/1831 - no Duncan
            10/1830 - 1/1841 - no index
      Minutes 1834-1846 (FHL film 968,572)
            10/1834 - 10/1837 - no index
            12/1839 - 4/1845 - no index
            4/1841 - 8/1846 - no index
      Minutes 1846-1856 - not looked at (FHL film 968,573)

Grainger Co. TN Circuit Court Minutes 1825-1835 (FHL film 464,101 item 2)
      No index or no Duncan
 

"Tennessee Reports - Report of cases argued and determined in the Supreme Court of Tennessee during the years 1860-61" by Thomas H. Coldwell (spine title: Tennessee Reports Cooper's Edition 41 - Coldwell); Vol.41, pgs.313 to 321 (California State Law Library, Sacramento, 1/2004)
      HILTON vs. DUNCAN and Wife; Supreme Court of Tennessee, Knoxville; 41 Tenn. 313; 1 Cold. 313; September, 1860, Decided.
      From Grainger. Upon the hearing of this cause before Chancellor SETH J. W. LUCKEY, at the March Term, 1860, a decree was rendered in favor of the complainant. Respondents appealed.
      WRIGHT, J., delivered the opinion of the Court.
      In the year 1823, William Hilton died intestate seized and possessed of a small tract of land of little value, situated in the County of Jefferson. Beside complainant, he left five other children, all of whom were daughters. Before his death, he had advanced to one of these daughters, an amount, consisting of fifty or sixty dollars, which was estimated by him to be her portion of his estate, real and personal, and while upon his death-bed, declared his desire to be, that complainant should pay his other daughters, out of his estate, or otherwise, such sums as would make them equal to the daughter to whom he had made the advancement, and that complainant, in consideration thereof, should have the tract of land above mentioned. After the death of the said William, his widow, to whom the declaration had been made, communicated the same to the said daughters and to complainant, all of whom assented to and acquiesced in the arrangement, as being a just and equitable diposition of the property of the intestate. The complainant paid the sum of money designated by the said William, to each of the daughters, in consideration of which they agreed to relinquish and convey to him their respective interest, as heirs of their father, in said tract of land; and all of them, save Anna Hilton, one of the daughters, have so conveyed and have not claimed said land, or any interest therein. The payment to said Anna, was made the 15th of January, 1827, and a receipt taken, of which the following, is a copy: "January 15th, 1827, received of Anna Hilton and James Hilton, fifty dollars, in full of all legacies, debts, dues and demands, I have against the estate of William Hilton, deceased. I say received by ANNA HILTON."
      The complainant and Anna Hilton were the personal representatives of the intestate, and the latter was his widow, and the receipt so executed to them was intended, by Anna, the daughter, to be a satisfaction of her share, in the real and personal estate of her father, in accordance with his desire so expressed just before his death. The widow never claimed dower, but resided with complainant and was supported by him till her death, in 1852, under an agreement that he should take care of her. The complainant took possession of this land, immediately after his father's death, having about one-half of it enclosed and under fence, claiming the entire tract as this own, under the arrangement above state; and has continued to posses and claim it and pay taxes on it ever since, using it and taking the rents to himself, a period of over thirty years. As before stated, the widow and one of the daughters, Hester, lived with him but neither of them claimed any interest in the land, conceding the title to be in complainant. The daughter, Anna, seems to have left the land very soon after her father's death, as did the other daughters, save Hester; but whether before or after her marriage, does not clearly appear. It is stated in the bill that she was of age at her father's death and though this is denied in the answer, there is no proof that she was an infant, nor is there anything to show at what time she married, or died. Neither she or her sisters ever received any rents from this land, or called upon complainant for any account in regard to them; and we are satisfied she and they were content with the settlement made in pursuance of their father's wish. The effect of complaint's possession is not neutralized by that of any one else. The residence of the widow with him, clearly could not produce any such result, and there is no evidence, nor is it claimed that his sister Anna, ever again resided upon the land. And though the child and heir of said Anna, after her death, was taken and raised by the widow of William Hilton and by complainant, yet it does not satisfactorily appear how long she lived with them, and the possession of complainant is not attempted to be effected by this circumstance.
      The defendants, Duncan and wife, the latter of whom is the said child and heir of Anna Hilton, have recently instituted an action of ejectment against complainant claiming an undivided one-sixth of this land, in right of her mother, the said Anna, as one of the heirs of William Hilton. To enjoin that suit this bill is filed, insisting that the purchase of the share of said Anna may be specifically executed in favor of complainant -- that any omission in the receipt to set forth the terms of the contract, may be corrected upon the ground of mistake in drawing it, and finally claiming title by lapse of time and possession. The defendants answer and submit to the jurisdiction of the Court, and among other things, rely, as a defense, upon the Statute of frauds. The Chancellor decreed that complainant had acquired title to so much of the share of the said Anna, as he had held enclosed for twenty years or more, but allowed defendants to recover one undivided one-sixth of the residue of the tract; and in proportion as complainant lost by the recovery, gave him a corresponding amount of the purchase money so paid said Anna with interest, and declared the same a lien on that part of the land so recovered, but denied defendants any account for rents, inasmuch as it appeared none were due, the title to the enclosed land having been perfected in complainants.
      The complainant does not appeal, or ask to disturb this decree, and we think it should be affirmed. In Leonard vs. Leonard, 10 Mass. 231, as cited in Angell on Lim., (ed. 1854,) 529, it was held that where lands were devised to a number of persons as tenants in common, and it was verbally agreed between them that one of them should give up his share, for a certain compensation, to the other devise, who thereupon entered upon his share, and excluded him from the possession, it was a dissiezin of such devisee: Boyd vs. Graves, 4 Wheat. 513, 4 L. Ed. 628. Prima facie the possession of one tenant in common, is to be regarded as that of the other. But, if one of them take the possession to himself, claiming the entire tract as his own, and receive the rents and profits to his own use, without any account to the other, and the other acquiesce in this, for a period of twenty years or more, an actual ouster of his companion may be presumed, and that he has released, or conveyed his interest, or share, to the party so in possession of a tract of land by one tenant in common, by a purchase and claim thereof in entirety and severalty, and not an undivided part thereof in co-tenancy, is an adverse possession: Ang. on Lim., 527-528; Doe vs. Prosser, Cowp., 217. So, that upon the proof in this record, we see no reason to question that complainant must be held to have a title to the extent of the decree of the Chancellor. And perhaps, upon the authority of Hubbard and Wood vs. Wood's Lesse 1 Sneed 279, the Chancellor might have held complainant's title perfected to the entire share under the effect of the first section of the Act of 1819, ch. 28.
      In relation to the purchase money, we think the claim to have it refunded is not barred by the Statute of limitations, because the cause of action accrued to the complainant only upon the election of the heir of the daughter, Anna, to resind and disaffirm the parol contract of her mother. It is true that either party could, at any time, for want of a writing, put an end to the contract, but they were no obliged to do so. So long as they were content with it, and were willing to abide by it and the complainant remained in possession of the land, without claim or suit by the said Anna, or her heir, not wishing himself to disturb the contract, and the other party not having done so, he could not, we apprehend, sue to recover back the money given in consideration of the land: Hurst vs. Means, 2 Snow. 594-599; 2 Sneed 546-548. It is true that in the case in Swan, the Court, in argument, hold to the reverse of this. But, that part of the opinion was unnecessary to the decision of the cause -- the contract there being in writing, and went upon the ground that a parol contract for the purchase of land was entirely void, and, for all purpose, the same as if it hand never existed. But in Sneed et als. vs. Bradley et als., 4 Sneed 301, it was held by this Court, that such a contract is not entirely void, but might be completed by the voluntary consent of the parties; and it was laid down as the correct rule, that while the vendor is able, and willing, and ready to perform the parol agreement, the purchaser can maintain no action to recover back the consideration money paid. And a fortiori, this must be so, where the purchase still retains the use and possession of the land.
      Had the Court of Chancery power to declare the purchase money a lien on the land? In McNaw vs. Toby, 6 Hum. 27, it was held this could not be done in the case of a parol sale. But no doubt the Court so held upon the ground the contract was wholly void, and that, in law, no legal consequences could grow out of it; for in the case of Alston vs. Boyd, same book, 504, where a contract was rescined for insanity, a lien upon the land restored to the lunatic, was declared for the payment of any balance due the defendant. And in the case in 4 Sneed, (above cited,) 305, it is held to be well settled, that if, upon the faith of such parol contract, the purchase money, in whole, or in part, has been paid, a Court of Equity, upon a bill for a specific execution, to which the Statute is set up as defense, will decree that the money be refunded with interest; and as against the vendors, it will be declared a lien on the land agreed to be conveyed; or, at law, the money may be recovered in an action of indebitatus assumpsit, or debt. And it has been repeatedly held, that as to improvements put upon the land by the vendee upon the faith of a parol sale, which the vendor refuses to complete, to the extent they have enhanced the value of the land, a Court of Equity will treat the land as subject to a lien therefor: 1 Meigs' Dig., 592. And in Pilcher and Cantates, admits, vs. Smith and wife, 2 Head 208, it was held that a covenant to convey real estate, executed by a feme covert, who is not invested with power to sell and convey the same as a feme sole, is void, and will not specifically executed by a Court of Chancery. But still it would be a fraud in her to avoid the contract without restoring the purchase money, and it will not be permitted. And in such a case, the purchaser may come into a Court of Equity, to obtain either a specific execution, or recision of the contract. And if the feme covert resist a specific execution, and the contract is rescinded, as an incident to the recision, the Court will order the repayment of the purchase money, and declare a lien upon the land to secure its payment.
      The defendant, Mrs. Duncan, as the heir of the vendor, Anna Hilton, must abide the case of her ancestor, and be subject to the lien. Decree affirmed.
 

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END

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