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Duncan research files of |
ASHLEY CO. AR
Formed 1848 from Chicot, Union, Drew
CENSUS RECORDS
1850 Ashley Co. AR Census
No Duncan indexed
1860 Ashley Co. AR Census
Mill Creek
Pg.180, #535-538, Robert FRICKLER? 53 VA farmer $44,000-$30,200
M.J. (f) 45 KY
Pg.180, #535-539 R.F. FRICKLER (FRIKER?) (m) 18 KY farmer
A.M. (f) 18 KY
W.T. DUNCAN (m) 28 KY farmer $3500-7000
Wm. SPENSER? 17 KY farmer
Marie Saline
Pg.191, #619-630, J.T/P?. DUNCAN (m) 47 KY farmer $7770-$20,000
C.R. (f) 38 TN
W.T. (m) 17, R.H. (m) 15 KY
W.J. (m) 11, J.E. (f) 9 KY
D.D. (m) 7, H.H. (m) 5 KY
(MAD: John P. Duncan, wife Chloe, 1850 Butler Co. KY census)
Carter
Pg.209, #751-767, W.B. DUNCAN (m) 33 KY gentleman $1500-$10,000
H.A. (f) 22 KY
H.S. (m) 3 KY
W.E. (f) 2 AR
1870 Ashley Co. AR Census
Carter Twp.
Pg.129, #59-59, DUNKINS, Charles 37 SC (white) farm laborer $0-$0
Hannah 28 AL (BLACK) keeping house
Comodore (m) 10 AR BLACK at school
Richmond (f) 7 AR BLACK at home
Maggie 4 AR BLACK at home
Carrie (f) 15 AR BLACK house keeper
Pg.129, #60-60, DUNKINS, Edman? (Echnan?) 40 SC BLACK farm laborer $0-$0
Elizabeth 25 MS BLACK keeping school
Pg.136, #165-165, DUNKIN, Robert 74 KY BLACK farmer $0-$0
Selia 47 SC BLACK keeping house
James 15 AR BLACK farm laborer
Sarah 13 AR BLACK
Mary 6 AR BLACK at home
Sillie (f) 4 AR BLACK at home
John 2 AR BLACK at home
Margarett 2/12 AR BLACK b.April at home
Mill Creek Twp.
Pg.193, #180-180, DUNKIN, Isom 45 KY BLACK farmer $0-$0
Marthey (f) 38 KY BLACK keeping house
(MAD: no children)
Union Twp.
Pg.211, #29-29, DUNCAN, Peter 55 SC BLACK farmer $0-$0
Engla (f) 20 LA BLACK keeping house
Pink (f) 16 LA BLACK house keeper
Maggy (f) 2 AR BLACK at home
Marthy (f) 8/12 AR BLACK at home
KELLY, Andrew 23 AL BLACK farmer
WILLIAM, Hagger (f) 25 TX BLACK keeping house
Rosy (f) 12 AR BLACK without occupation
Marry (f) 9 AR BLACK at home
Lorenia (f) 7 AR BLACK at home
Hariatt (f) 3 AR BLACK at home
POLLY, Tenny (f) 24 LA BLACK house keeper
John 6 AR BLACK at home
Neln (m) 4 AR BLACK at home
David 9/12 AR BLACK b.Sept. at home
1880 Ashley Co. AR Census (partial; from Denzil Mauldin 1/1987)
Pg.183B, Bearhouse
#164-173, Geo. W. DUNCAN 43 TN IL NC preacher
Margaret E. 41 NC NC NC wife keeping house
George W. 15 AR TN NC son miller
Buela E. (f) 10 AR TN NC dau. at home
John W. 6, Stanly 3 AR TN NC sons
William F. 2/12 (March) son AR TN NC
1910 Ashley Co. AR Census (partial?; from Denzil Mauldin 1/1987)
Longview
#207-208, John F. DUNCAN 37 MO MO MO 1st mar, 8 yr
Nellie E. 25 MO MO MO wife 1st mar, 8 yr, 3 ch, 2 liv
Ola (f) 5 MO MO MO, John F. 8/12 AR MO MO (children)
Lottie VERMILLION 24 MO OH MO single
COURT RECORDS
"Reports of cases at law and in chancery argued and determined in the Supreme Court of Arkansas, containing cases decided at the December term 1871, June term 1872, and December term 1872" by Norval W. Cox, Vol.XXVII; Arkansas Reports, Vol.27, pgs.157 to 159 (California State Law Library, Sacramento, 2/2004)
MOORE et al. v. DUNCAN, Trustee; Supreme Court of Arkansas; 27 Ark. 157; December, 1871, Decided.
Appeal from Ashley Circuit Court. HON. HENRY B. MORSE, Circuit Judge.
COUNSEL: English & English, for Appellants.
Tunstill was in possession of the land, and there was nothing to hinder Duncan, the appellee, from bringing ejectment. According to the allegations of the bill, the appellee had an ample remedy at law, and no right to go into equity. See Danley vs. Byers, decided at present term.
Gallagher, Newton & Hempstead, and John Carroll, for Appellee.
The appellants mistook their remedy in attempting to seize this trust fund through a process from a law court. It should have been attempted only in equity.
Since then the property in the hands of a trustee cannot be reached by an execution at law, on a judgment against the cestui que trust, it is clear that the appellants, holding under such a sale, have no title whatever; and therefore the decree of the Circuit Court, declaring the sale void, is correct, and should be respected and affirmed by this court.
[opinion] GREGG, J. -- This is a complaint in equity, brought by the appellee against the appellants, to the March term 1870, of the Ashley Circuit Court.
The bill alleges that William P. Duncan, in July 1864, conveyed to James G. Duncan 440 acres of land, and certain personal property in trust. That afterwards, and without the trustee's knowledge, the appellants, Moore and Rolfe, obtained judgments, before a Justice of the Peace, against said William P. Duncan; had executions issued and returned "nulla bona" and transcripts filed in the office of the Circuit Clerk of said county, and other executions, issued by said clerk, were levied upon said lands, and they were, by the sheriff, advertised and sold, as the property of William P. Duncan, and bid in by Moore and Rolfe, who afterwards sold and conveyed to Tuntstill. That all the defendants had full notice of the deed of trust and the title in the complainant; that the defendants had wrongfully entered into possession of the lands and received large profits, more than the amount of their judgments, which judgments the plaintiff offered to pay, if found just, and he prayed that the deeds from the sheriff to Moore and Rolfe and from them to Tuntstill, be cancelled, and that they be required to account for rents, and that possession be delivered to him, etc. The defendants appeared and demurred to the bill; the court sustained the demurrer, and the complainant filed an amended bill to the effect above stated, to which the defendants likewise demurred, but, upon the hearing, the court overruled their last demurrer and they excepted and declined to make any further response. Whereupon the cause was heard upon the bill, amended bill and exhibits, and the court decreed that the sale made by the sheriff be set aside, and the deeds to the defendants cancelled and held for naught, and that the plaintiff recover possession of the lands; that a writ issue, etc., and that defendants pay costs. From which decree the defendants there appealed to this court.
In the case of Byers et al. vs. Danley, decided at the present term of this court, through his Honor, Justice Bennett, this court said: "It is a maxim of equity jurisprudence, of universal application, that where a party has a full, adequate and complete remedy at law, he cannot seek relief in a court of equity," etc. See Memphis & Little Rock Railroad Co. vs. Wm. E. Woodruff, at same term.
In the case under consideration, the appellee not only sets up a legal title in himself, but he alleges that he has nothing but a legal title; that the equitable estate is in another, and he holds but a naked legal title; hence, his claims are especially cognizable in a court of law. According to his own exhibits, if a recovery is had in his own name, and it is thus he sues, it must be on purely a legal title.
He charges the appellants with wrongful and illegal possession of the lands, and he prays that they be ousted and the lands restored to him, his title cleared, etc.
Litigants have a constitutional right to have such facts tried by a jury of their countrymen, and it seems to us he should be remitted to a court of law, there to determine his right of possession, and that the court below erred in not sustaining the demurrer to his complaint.
The decree is reversed and the cause remanded with directions to sustain the demurrer and dismiss the bill for want of equity.
REFERENCES FROM OTHER LOCALITIES
Stewart Co. TN Deed (FHL film 554,338)
29-205: 5 April 1876, between heirs & representatives of Wm. T. Duncan decd, and children of heirs, and names of each and every one who is married, to wit: (1) Samuel T. Duncan and wife Margaret; (2) Daniel Duncan and wife Fanny; (3) Sarah Duncan now Frogg and husband Timothy Frogg; (4) Elizabeth Stevenson; (5) Mary J. Tucker; (6) Ann J. Gilbert; (7) The James Duncan children, he being dead, to wit, Wilkins Duncan, Tucker Duncan and wife Willilla, Sooky? Duncan now Henry and her husband Mr. Henry of AR; (8) the John P. Duncan children, to wit, William Duncan, Margaret now Hunt and her husband George Hunt, Anis now Tucker and her husband Franklin Tucker, and Robert Duncan, Eugene Duncan, Ella Duncan, Daniel Duncan, Hubbard Duncan; parties of the 1st part; to James Sumner of Stewart Co. TN, of the other part; for $240, land in Stewart Co. TN on waters of Saline Creek, corner Duncan Stuart's lower 1,000 acre survey. Thomas R. Henry and wife S.M. Henry appeared in Drew Co. AR 1 July 1879; Mrs. M.M. Hunt wife of G.W. Hunt appeared before James M. Duncan, clerk of Hill Co. TX; Sarah F. Duncan, and J.T. Duncan and wife W.E. Duncan appeared in Drew Co. AR; R.F. Tucker and wife A.M. Tucker appeared in Ashley Co. AR; E. Duncan appeared in Summer Co. TN; R.H. Duncan, J.E. Duncan, D.D. Duncan and H.H. Duncan appeared in Camp Co. TX; G.W. Hunt and W.T. Duncan appeared in Hill Co. TX before James M. Duncan, county clerk. Reg. 31 July 1880 in Stewart Co. TN.
Butler Co. KY Deed (FHL film 987,929)
K-338: 13 Dec. 1860, John P. Duncan of Ashley Co. AR title bond to Hardin Doolin for $600, 50 acres and 185 acres in Butler Co. KY on Mud River; by John Hunt, attorney for John P. Duncan and wife (wife not named) "my wife's dower will be relinquished by my attorney." Recorded in Muhlenburg Co. KY and Butler Co. KY.
HISTORIES before 1923
1890 "Biographical & Historical Memoirs of Southern AR" Clark, Miller, Sevier, Howard, Pike, Lafayette, Hempstead, Columbia, Little River, Nevada, Cleveland, Ouchita (sic), Dallass, Bradley, Calhoun, Union, Ashley, Drew, Lincoln, Desha and Chicot Cos.; by Goodspeed (FHL film 266,242; and from Betty Laarveld 5/1987)
Pg.921-922: Ashley Co. Robert F. Tucker, b. KY on Dec. 7, 1841, son of Robert Tucker of VA and Martha Frances Tucker; father to AR 1850. Robert F. Tucker started out for himself age 17, Hamburg [Ashley Co.] AR; Civil war 1861. On April 26, 1861, married Miss Anna M. Duncan, dau. of John P. Duncan, and they have 7 children living and 3 deceased. (not named)
Pg.946-947: Drew Co. James T. Duncan, native KY, born in Logan Co. Oct. 5, 1852, his father, James G. Duncan, being also born and reared there, the former event taking place Sept. 6, 1822; father a farmer and tanner, in 1852 to AR and settled near Hamburg, in Ashley Co., 7 years; then Drew Co. until his death in 1872. Master Mason, Methodist Episcopal Church South. His wife, whose maiden name was Sarah F. Tucker, was born in the Old Dominion [VA] in 1834, but was reared and educated in KY, her parents, Robert and Martha Tucker, having removed to KY in 1849. She was married in Ashley Co. in 1851, but is now residing on the old homestead in Drew Co. Her union with Mr. Duncan produced 4 sons and 4 daus: James T. and his sister Susan M. (wife of Thomas R. Henry of Drew Co.) being the only ones now living. James T. Duncan was reared in Drew Co., at age 21 a farmer. September 3, 1873, his marriage to Miss Willella Duncan took place in Drew Co. She was born in Ashley Co. AR, April 4, 1857, and is a daughter of William B. and Hester A. (Tucker) Duncan, the former of whom died in 1864. The mother is still living in Drew Co. To the subject of this sketch and his wife, 7 children: Thomas Edward, Teresa May and Sarah A. being the only ones living. The deceased are: William T., Ida, Susan E., Daniel G. Members Methodist Episcopal Church, South.
Pg.954: Drew Co.: Thomas Ross Henry, b. Madison Co. West TN on Feb. 3, 1846, son of John L. and Martha (Ross) Henry; to AR with parents when 15, settled Chicot Co.; father d. 1868. Thomas Ross Henry to Drew Co. when age 26; 1863 enlisted Confederate army. He was married in Drew Co. AR on June 25, 1872, to Miss Sue M. Duncan, a native of AR, born in Ashley Co. on Sept. 4, 1854, a daughter of James G. and Sarah F. Duncan. She was reared and educated in Drew Co., where her mother is still living, and where her father died in 1872. To Mr. Henry and his wife 4 children: Claudius G., Fannie R. (d. Aug. 1875 age 3), two twin sons d. in infancy.
1905 "The Centennial History of the Associated Reformed Presbyterian Church, 1803-1903" by the Synod, Charleston, SC (from Lenox Baker 9/1982)
James T. Duncan is a native Kentuckian, born in Logan County, October 5, 1852, his father, James G. Duncan, being also born and reared there, the former event taking place September 6, 1822. The father was a farmer and tanner by occupation, and in 1852 removed to the State of Arkansas, and settled near Hamburg, in Ashley County, where he was engaged in farming for about seven years. He then opened up a farm on Bayou Bartholomew, in Drew County, which he continued to till until his death, in 1872, he was remarkably successful in his business transactions, and upon his demise left his family well provided for. He was Master Mason, and was a member of the Methodist Episcopal Church, South, for many years, having united with the church early in life. His wife, whose maiden name was Sarah F. Tucker, was born in the Old Dominion, in 1831, but was reared and educated in Kentucky, her parents, Robert and Martha Tucker, having removed to that State in 1849. She (end of page).
END
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