SMITH CO. TN
COURT RECORDS
 

Smith Co. TN Records (from Mary Louise Craven 7/1981)
      Minutes 1820-1822; pg.121, Thomas W. Duncan appointed constable.
      Fleming W. Duncan & Malinda Hall appointed administrators of estate of Williamson Hall, decd., made $2000 bond, Richard Hall & Giles Hall, securities.

Smith Co. TN Court Minutes (from Louis Boone 10/1982)
      ("Found this on Smith Co. Tenn. in my notes. A lady sent this some years back, stating that there are no records of Elijah Duncan in Smith Co. These are handwritten.")
   Court Minutes 1799 & later - Henry Duncan, 18 March 1800
   Court Minutes 1808-1811 - no Duncan
   Court Minutes 1811-1813
      Pg.104: On motion of Thomas Duncan who took the oath to support the constitution of the U.S. the State of Tenn. and the oath of office is appointed constable and together with Adam Dale, Robert W. Roberts, his securities, entered into bond in the sum of $1000 conditioned as the law directs.
      Pg.105: On motion of Elizabeth Dale who made oath as the law directs and together with Isaac A. Dale and Thomas Duncan her security entered into bond in the sum of $4000 conditioned as the law directs. Letters of administration is granted her upon estate of Thomas Dale Jr. deceased.
      Pg.173: On motion Thomas Duncan, he is guardian of Thomas M. Dale and William J. Dale, minors, under the direction of the court who together with Josiah Duncan and Isaac D. Dale his securities entered into bond in the sum of $2000.
   Court Minutes 1813-1815
      Pg.270: Court list - John Duncan.
      Pg.275: Thomas W. Duncan and Elizabeth Duncan vs. Isaac Dale, exr. - Petition filed by Plaintiff.
      Pg.277: Thomas W. Duncan was elected constable.
   Court Minutes 1815-1817 - no Duncan
   Court Minutes 1817-1819
      Pg.8: Josiah Duncan to William Goggins, deed 100a.
      Pg.31: George Duncan to Williamson Hall, deed 100a.
      Pg.296: Thomas Duncan elected constable.
   Court Minutes 1819-1820
      Pg.225: John Duncan, guardian to the heirs of Jonathan Smith, deceased, rendered into court an amount of money by heir (LB: ??) belonging to his wards.
      Pg.415: George Duncan vs. Alexander Campbell, suit, debt $11.35, May 1820.
   Court Minutes 1820-1822
   Court Minutes 1822-1824
   Court Minutes 1824-1826
      Pg.47: Thomas W. Duncan guardian to Thomas and William Dale.
      Pg.238: Thomas W. Duncan, constable.
   Court Minutes 1828-1830
      Pg.113: On motion ordered that Moses Allen, Francis Kenner, Thomas Evans, Jacob Fite and Wm. Garrison or any of them be appointed commissioner to settle with Samuel H. Duncan administrator of the estate of Josiah Duncan deceased.
      Pg.375: Guardian report by John Duncan.
   Court Minutes 1834-1835
      Pg.82: John Duncan and Samuel Casey deed release.
      Pg.250: Richard Duncan, overseer of road (LB: she states this Richard is son of John; in letter she says this John Duncan came to Smith Co. fairly early and died in DeKalb Co. TN. His will is supposed to be in DeKalb Co. also.). (MAD: 1850 DeKalb Co. TN census)
   Court Minutes 1835-1841
      Pg.259: On motion it is ordered that George M.B. Duncan, student at law, is a man of good moral character, hath attained age of 21 and that he hath been a resident of this county for 12 months previous to application.
   Court Minutes 1854-1858 - no Duncan

Smith Co. TN Records (from Louis Boone 10/1982)
   Administrators Receipts 1856-1868
      Pg.149: Received of Davis C. Sanders $13.00 less $2.50 for recording this receipt, it being full amount coming to us from the estate of Absolum Cox deceased. 1/5 part our mother's interest, 1/5 part of A. Cox est. in both purposes (LB: ?) for land sold by order of court. Jerre Duncan, A. (X her mark) Duncan.
   Administrators Receipts 1867-1871
      Pg.359: Power of Attorney. F.W. Duncan and wife P.H. Duncan appoints Robert B. Seay our attorney in fact for certain distribution share which has descended to P.H. Duncan from one Josiah Marshall deceased, late of Smith Co. Tenn. Attest John Marten, R.K. Ward. F.W. Duncan, P.H. Duncan, May, 1870.
   Enrollment book 1843-1855
      Pg.37: Divorce suit of Lucy Duncan vs. Fleming Duncan. Lucy Duncan resident for more than 4 years, during which time she intermarried with Flemming Duncan Sr. Shortly after their marriage her said husband abandoned her without just cause on her part for more than 2 years - etc. 13 Jan. 1841. Lucy Greer her maiden name. (MAD: Fleming Duncan mar. Lucy Greer 6/25/1837 Sumner Co. TN; one Lucy Greer was listed as mother of William Jasper Duncan, b. Lafayette [Macon Co.] TN, of 1870 Davis Co. IA census)
      John Duncan, will book 1816-1820, pg.437, Smith Co. Tenn., transferred to microfilm roll #104. (not looked at)

Smith Co. TN Court Minutes (old FHL film 5764; from Louis Boone 6/1984)
      Henry Duncan appointed among others as Venire to county court, 1800.
      Josiah Duncan, appointed court Venire, June 1808.
      Josiah Duncan, grand jury, 6 June 1808.
      David Duncan and Moses Allen entered into bond with John Looney, guardian of Stephan and John Renfroe, June court, 1808.
      Mrs. Josiah Duncan; a years provisions to Mrs. Josiah Duncan, agreeable to the ... (MAD: no date)
      23 Nov. 1827, Moses Allen, Thomas Whaley, William Groggen, recorded 24 Jan. 1828, Josiah Duncan, inventory, L.W. Duncan Adm ... (Lemuel W. Duncan from other info).
      John Duncan and George Reasoner witnessed deed from John P. Williams to John Moore for 71a, 22 Feb. 1830.
      John Duncan, jury duty, Apr. 1836.
      Capt. Duncans Co. taxable for 1836.

Smith Co. TN County Court Minutes (FHL film 41763; from Louis Boone 6/1984)
      27 March 1813, Elijah Duncan exhibited his mark, a cross and slit in both ears, which is ordered to be recorded.

Smith Co. TN Chancery Court (FHL film 41761 pt.1; from Louis Boone 6/1984)
      Tandy P. Duncan and John Mills vs. John Shelby and Isaac Bledsoe, guardianship account and debts, 15 June 1831.

Smith Co. TN Chancery Court Minutes, Vol.5, 1837-1842 (FHL film 319,184 and from Louis Boone 12/1982)
      5-416 to 422: Allen vs. Duncan, et al; the bill of complaint of Wm. H. Allen, a creditor of Decalb Co. TN, vs. Susannah Duncan, widow and relict of John Duncan decd, Lylborn Chandler & wife Nancy (formerly Nancy Duncan) citizens of Smith Co. TN, George Gregston and his wife Catherine (formerly Catherine Duncan), Richard M. Duncan, Elizabeth Duncan, Joseph E. Duncan, Jesse A. Duncan, John L. Duncan, Winney Duncan, Sarah H. Duncan, Licetty Duncan, Cary R. Duncan, Sarah Moore, William R. Moore, citizens of Smith Co. TN, Martha Moore, John Moore, citizens of Sumner Co. TN; that sometime in 1839 John Duncan purchased land in Decalb Co. TN, from one Reuben Brown for $610 and paid $200 and gave notes for the balance, due said Brown on 1 Aug. 1849 (1841?), one for $110, the other for $300 payable to said Brown or Bird Billings?, the orator [Wm. Allen] became security for said Duncan for the payment of $400; Brown made a deed in fee simple for the land to John Duncan, who shortly afterwards took possession by remaining upon the land. Some time in October 1839 Duncan died intestate, leaving said Susannah his widow and Nancy who had married Lilbourn Chandler, Catherine who had married Geo. Gregston, Rich. M., Elizabeth, Joseph E., Jesse A., John L., Winney, Sarah H., Licetty, and Cary R. Duncan his children, and Sarah, Martha, John and William R. Moore, 4 grandchildren, the offspring of Mary Moore a deceased dau. of intestate, his heirs at law, in whom your orator is informed the title to the land vested upon the death of said John Duncan ... the land on the bank of the Cany Fork below the mouth of mine, ... creek, then up the river south east, crossing the creek, then ... north up the bluff with the fence, adj. ?Isham Davis?, containing 380 acres (too faint) John Duncan, and widow Susannah (was administrator). John Duncan has no other assets to pay the debt; request that the tract of land be made liable for payment of the balance of the purchase price; that the minors by their guardians ... that subpoenas be issued for them to answer the complaint; that a lien be attached to the land for payment of the balance. That ten of the defendants are minors within 21 years of age and have no guardian, viz, Jesse A., John L., Winney, Licetty, Sarah H., and Cary R. Duncan and also Martha and Sarah, John and William R. Moore, petition to court to appoint a guardian or guardian at litum. Answer filed Aug. 1840, by Susana Duncan, Lilborn Chandler, Nancy Chandler, George Gregston and Catharine, Richard M. Duncan, Elizabeth Duncan, Joseph E. Duncan, Licetty Duncan, Cary R. Duncan, Jesse A. Duncan, John L. Duncan, Winney Duncan, Sarah Duncan, Sarah Moore, William R. Moore, Martha A. Moore and John Moore; it is true that John Duncan purchased the land as charged and made the payment and executed his notes, which notes they also admit are due, and admit that the personal estate will not be sufficient to pay the debts; Susannah admits that she is the widow of said John Duncan, and the other defendants admit they are the chidren and heirs at law; wit. Hosea Stamp, Jeremiah Freeland?; that the admission will promote the interest of the minors to dispose of the land. Bond of William Allen, security Henry B. McDonald?, to Susanah Duncan, that William Allen will prosecute the suit, 4 Aug. 1840; Power of attorney 31 July 1840 by Wm. Allen to Henry B. McDonald? to sign his name on the suit. Decree by court, the case heard 10 Feb. 1841, that the Clerk & Master pay to complainant William H. Allen the amount of his debt .... (FHL film 319,184)
      5-422 to 428: Denaho vs. Hall & Others, O.Bill. The Bill of complaint of Talman? Donaho of Sumner Co. against Malinda Hall and Marshall Duncan of Smith Co. TN; complainant holds a claim against Malinda Hall & William Hall due by note for about $80 on which he brought suit and obtained judgment. An execution was proved? on it and returned endorsed by the proper officer, no property found, and by denotion? of orator, the execution was levied on a tract or parcel of land in Smith Co. which the orator was informed belonged to said Malinda Hall and the heirs of William Hall decd; after the levying of the execution, he ascertained that a conveyance had been previously made of her interest in the land by Malinda Hall to one Marshall Duncan. Orator is informed and charges that the conveyance was made fraudulently and collusively without a valuable consideration for the purpose of defeating the claim of the orator and the claims of other just creditors. Malinda Hall is the widow of William Hall decd and is entitled to her dower as such in the real estate of said Hall, of which he died seized & possessed, which the parcel or tract of land on which Malinda Hall now resides adjoining the land of R.P. Hall, Thomas M. Hall & others, the orator is informed there has never been a division of the land between the heirs of William Hall and that the dower of Malinda Hall has never been set apart. Orator is also informed that Malinda Hall has purchased the interest of the several heirs in the land though the orator does not know her precise interest in the land and asks her to answer this. Orator is advised that a court of chancery will not sustain fraudulent conveyances for the purpose of defeating the claims of bona fide creditors ... orator is without a remedy save in a court of equity. ...
       Answer of Marshall Duncan, Malinda Hall to the Bill in Equity of Golman Donoho in the Chancery Court at Carthage. It is true that Williamson Hall the husband of deft. Malinda died seized and possessed of a tract of land of 100 acres in Smith Co. in Dist. 8, in which she was entitled to dower; that Williamson Hall left 11 heirs and the widow purchased the interest of her daughter Malinda Nowlan and who made her a deed, likewise she purchased of Fleming Duncan his interest that he had bought of Daniel Campbell who married Susan Hall and daughter of said deceased, and purchased said title. She likewise bought the interest of Richard Hall but the deed was not legally witnessed and he refused to acknowledge it. The deft Malinda Hall and Marshall Duncan further answer that Marshall B. Duncan advanced from time to time money to Malinda with the agreement that Duncan was to be secured by the whole interest of Malinda Hall in the land and finally on 30 November 1843 what the said Malinda justly owed Marshall said payments and advances secured by her amounted to more than $300, and she having no other means that she could better share?, sold absolutely for $300 her whole interest in the tract of land to Duncan. The dower right was never assigned to her yet she lived on the land. They (deny) the sale was fraudulent. There has never been any division of the land among the heirs, many of whom have sold or dower? assigned?. That in addition to the $30, Malinda also owes Duncan $97.85. Duncan answers that he knows nothing of complainant's debt against Malinda and if material, requires proof. Malinda answers that she recollects being asked to go security to complainant Donaho for William but she understood the amount was much smaller than the sum claimed. They both answer the sale was without intent of fraud, deed produced in evidence; sworn to 18 Sept. 1844, /s/ Marshall B. Duncan, Malinda (+) Hall.
       Exhibit A. (deed) Indenture 30 Nov. 1843, Malinda (X) Hall to Marshall B. Duncan, both Smith Co. TN, for $300 paid, my undivided interest in deed to a certain tract of land previously owned by my husband Williamson Hall decd in Smith Co. on waters of Goose Creek and adj. lands of Biff? R.P? Had Franklin Erwin and E.C. Preesly? containing 100a by estimation; wit. L.L/J? Cardwell, D.K. Timberlake; Malinda Hall personally appeared 30 Nov. 1843, /s/ Smith Co. Clerk. Certification the deed was registered in Book R? page 31 and noted in Index Book A page 38 on 30 Nov. 1843; /s/ Allen S. Watkins; witness to replication: Golman Donoho, M.B. Duncan, M. Hall.
       Bonds posted (half of page too faint to read) 18 Jan. 1844. Decree: Complainant says he will prosecute this suit no further, cause dismissed. (319,184)
 

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