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Duncan research files of |
WARREN CO. IL
Formed 1825 from Pike
Henderson formed 1841 from Warren
CENSUS RECORDS
1830 Warren Co. IL Census
No Duncan indexed
1840 Warren Co. IL Census
Twp.11N Range 2W
Pg.185 Elizabeth Duncan?? 0001,1000,1 - 0001,1001
Twp.8N Range 4W
Pg.194 James Cyrus 1000,1 - 1000,1
1850 Warren Co. IL Census (no Duncan indexed)
Taken 11/14/1850
Pg.71, #992, Adison CORRELL 27 NC farmer $750
Cordelia 26 VA
Richard H. 3, Mary E. 1 IL
Taken 11/23/1850
Pg.95, #1354, James HARRIS 50 KY farmer $300
Elizabeth 54 SC
Robert 22 OH farmer
Ebenezer E. 21, James 17, Daniel 15 IN
(MAD: May be the same James Harris buried in Hancock Co. IL; see 1880 Hancock Co. IL census)
Pg.95, #1355, George SNODGRASS 46 TN
Mary M. 30 OH
Seburn (m) 23 TN
Samuel 19 IL & younger b. IL
1860 Warren Co. IL Census (from page by page, not indexed by AIS)
Monmouth Twp.
Pg.386, #1394-1401, Jonas ICKES 68 PA farmer $2160-$510
Mary 67 "TN"
Samuel M. 24 PA farmer $1000-$0
Elizabeth J. 22 PA
William I. 3/12 IL
Edward J. 10 IL
Mattis JOHNSON (m) 22 SWEden farm laborer
(Marjorie Drake info 3/1989: there is information in "The Ickes Family" by Susan Ickes Harding)
Tompkins Twp., taken 8/17/1860
Pg.411, #1570-1580, James M. DUNCAN 55 TN (sic) farmer $3200-$950
Joseph W. 20 PA (sic)
Ann 22 PA
James 18, William 14 PA
(MAD: 1850 Perry Co. PA census)
P.O. Young America, taken 8/17/1860
Pg.414, #1584-1594, J.W. MONTGOMERY (m) 43 PA hotel keeper
John DUNCAN 26 PA carpenter
& many others
Berwick Twp., taken 9/7/1860
Pg.621, #2961-2974, Thos. M. DUNCAN 45 PA farmer $1500-$475
Catharine 42 OH
Matilda 22, Andrew 19 OH
Lucinda 17, Martha J. 14 OH
Mary J. 12, Letitia 9 IN
Abigal 7, John 3 IN
(MAD: 1850 Owen Co. IN census)
1870 Warren Co. IL Census
Berwick Twp.
Pg.6, #82-81, DUNCAN, Thos. M. 55 PA farmer $6500-$1800
Catharine 52 OH keeping house
Mary 21 IN at home
Abbie (f) 15, John 13 IN at home
William 8 IL
Ellison Twp.
Pg.39, #125-123, SANPHERE?, Oliver 33 NY farmer $6000-$625
Carrie 29 OH keeping house
Henry 6, Julia 2 IL
DUNCAN, C.M. (m) 23 WI (blank) $0-$600
NOLSTRIM, Wm. 23 SWEDEN farm laborer, parents of foreign birth
Josephine 16 SWEden dom. servant, parents of foreign birth
Tompkins Twp.
Pg.292, #187-186, DUNCAN, James 25 PA farmer $5000-$357
Mary 45 OH keeping house
(MAD: no children; ages as given)
Pg.292, #188-187, DUNCAN, Warren 29 PA farmer $2500-$300
Caroline 32 OH keeping house
Nellie 7, Hattie (f) 3 IL
Young America Village
Pg.300, #132-132, DUNCAN, John C. 40 PA carpenter $2500-$200
Margaret 40 PA keeping house
(no children)
1880 CENSUS, SUMNER TOWNSHIP, WARREN COUNTY, ILLINOIS (partial; from Kathy Cawley 12/2006)
S.D.# 3, E.D.# 298, Page# 315D, Image# 8 of 19
72-74
Duncan,
Alice N., w/f, age 30, Head, m'd., keeping house, IL./IL./IL.
Joseph J., w/m, age 10, Son, at school, IA./PA./IL.
Charles D., w/m, age 8, Son, at school, IA./PA./IL.
Mary A., w/f, age 6, Daughter, at school, IA./PA./IL.
(MAD: 1900 Fremont Co. CO census)
(MAD: one R.L. Duncan married Alice M. Delzell 11/19/1868; see ? Robert Duncan 34 PA, Mary 20 IL, son Joseph age 5/12 b.Jan. IA, in 1870 Madison Co. IA census)
MARRIAGE RECORDS
Warren Co. IL Marriages (courthouse, Monmouth, Warren Co. IL)
Duncan, J. W. to Caroline Smith, 28 Feb. 1861, B-132
Duncan, William J. to Isabelle Swan, 6 Feb. 1889
(only looked for William J. Duncan, did not copy all)
Female Duncan Marriage Records, Warren Co. IL, from Leroy Williamson, local researcher, ca 1978
Duncan, Ruhanna and David S. Sterrett, 29 June 1854, A-32
Duncan, Matilda and Charles T. Lomax, 21 Nov. 1861, B-186
Duncan, Cora and Oliver Lanphere, 11 Aug. 1862, B-222
Duncan, Lucinda and William D. Lomax, 4 Dec. 1864, C-7
Duncan, Ann and Seth Oaks, 23 Nov. 1865, C-13
Duncan, Mattie J. and David R. Day, 2 Feb. 1869, C-36
Duncan, Letitia and Luther O. Lomax, 30 Sept. 1869, C-40
Duncan, Nettie A. and J. W. Mulligan, no date, C-50
Duncan, Addie and Simeon L. Stinemates, 6 Feb. 1876, C-90
Duncan, Ida Bell and James W. King, 22 Nov. 1881, D-58
Duncan, Elisabeth and George Murry Graham, 23 "Spr." 1882, D-67
Duncan, Catherine and Charles Henry Howe, 18 Dec. 1883, D-92
Duncan, Millie and Ira W. Davis, 7 Dec. 1884, D-108
Duncan, Mrs. Mary M. and H. O. Fox, 16 Sept. 1886, D-130
Duncan, Jane and Fred Ray Richardson, 8 Nov. 1890, D-189
Duncan, Nellie and Robert P. Robinson, 20 Dec. 1890, D-191
Duncan, Minnie and Willard F. Maley, 6 May 1896, E-37
Warren Co. IL Marriage Index (FHL film 1,377,919)
(grooms only)
B-132: J.W. Duncan to Caroline Smith, Feb. 28, 1861
C-34: R.L. Duncan to Alice M. Delzell, Nov. 19, 1868
C-53: James M. Duncan to Margaret E. Norris, Sept. 1, 1871
C-79: Frank C. Duncan to Clara J. Runkle, Mar. 10, 1875
C-92: Nathaniel E. Duncan to Sarah A. Ray, July 25, 1876
C-97: R.M. Duncan to Lizzie E. McCullom, March 15, 1877
Next was 1880; quit
VITAL RECORDS
Birth Records, Warren Co. IL, from Leroy Williamson, local researcher ca 1978
1876 (sic): 17-2479; Duncan, Bertha Manchester; father Frank; mother Clara.
1878: A-10; Duncan, Laura Jane (the name of Laura Jane Duncan is a later addition); father Frank C.; mother Clara; 2nd child of mother, born 26 Feb. 1878 in Monmouth. Father b. Sunbeam, Mercer Co.; mother b. McDonough Co., maiden name Clara Runkle.
1878: A-40; Duncan (female) (4th child of mother), b. 28 Sept. 1878; father James R., b. MO; mother Ivy Sarah, b. MO, maiden name Ivy Sarah Smith b. Youngstown, OH
1882: A-195; Duncan, Edith Eliza, b. 10 July 1882; father John Henry Duncan, farmer, b. Indiana; mother Mary Tabitha Duncan, age 22, first child of mother, mother's maiden name Mary T. (Touner?)
1883: B-62; Duncan (male) (1st child of mother), b. 5 June 1883 in Monmouth; father B.M. Duncan, clerk in store; mother age 22 at this birth, maiden name Roe May Allen.
1884: B-63; Duncan (female) (2nd child of mother), b. 19 Feb. 1884 in Berwick Twp; father John H. Duncan, b. in Indiana, farmer; mother Mary S. Duncan (maiden name Mary S. Towner), age 24 at birth of child.
1884: B-63; Duncan (female) (2nd child of mother), b. 21 Oct. 1884 in Monmouth; father B. Frank Duncan, b. in Iowa; mother, age 23 at birth of child, maiden name Roe May Allen, b. in Illinois.
1885: B-64; Duncan (Belia), b. 8 June 1885 at Spring Grove Twp; father S. D.; mother Eldora, maiden name Eldora Dowler, resided in Spring Grove Twp, she is 24 years old.
1888: B-67; Duncan (Male) (4th); father S.D.; mother Aldora
1889: B-68; Duncan, George; father William J.; mother Isabel
1891: B-69; Duncan, Earle Ellsworth; father William J.; mother Isabella
1895: C-52; Duncan (Female) (3rd); father Frank; mother Jessie
1900: 15-531; Duncan, Elmer Dean; father Wm. J.; mother Isabella H.
Death Records, Warren Co. IL, from Leroy Williamson, local researcher, ca 1978
B-36: Duncan, Blanche May, 6 June 1897
LAND RECORDS
Warren Co. IL Deed Extracts (from Ronda Berry 3/1995)
2-410: 1836, Roswell Tirrell and Hannah Ann, his wife, of Hancock Co., to Ignatus Howard of McDonough Co. for $125 to grant the following: Warren Co., SE 1/4 of Sec.32 in 8N4W 160 acres on 25 July 1835/1838? (hard to read). Attested by Robert T. Cock, Justice of Peace of Hancock Co. 25 July 1835. Attested to Cock's validity -- Wesley Williams on 24 Aug. 1836.
5-426, #2307. This indenture 13 May 1838 between Ignatius Howard and Mary, his wife, of Des Moines Co. and territory of Wisconsin (of which Des Moines Co. was a part) to Joseph Duncan of McDonough Co. for $300, land in Warren Co. IL, E 1/2 of SE 1/4 of Sec.32 in 8N4W. Attested to by John G. Woodside, Justice of the Peace of McDonough Co. on 15 Oct. 1838. (MAD: Other deeds from other people ca 1836 for land in McDonough Co. IL for lands in military boundries in NE 1/4 Sec.8 Twp 5N Range 4W and others, sold to Joseph Duncan of Morgan Co. IL; county where deeds recorded, and book and page, not given)
COURT RECORDS
"Reports of cases at law and in chancery argued and determined in the Supreme Court of Illinois, containing additional cases submitted at the September term 1873" by Norman L. Freeman; Illinois Reports, Vol.69, pgs.495 to 498 (California State Law Library, Sacramento, 2/2004)
SAMUEL REYNOLDS v. CHARLES LAMBERT et al; Supreme Court of Illinois, Northern Grand Division; 69 Ill. 495; September, 1873, Decided.
APPEAL from the Circuit Court of Warren county; the Hon. ARTHUR A. SMITH, Judge, presiding.
This was an action of assumpsit, by Samuel Reynolds, against Charles Lambert, Thomas Ferree and Joseph H. Kirby. The facts of the case appear in the opinion.
Mr. JUSTICE CRAIG delivered the opinion of the Court:
This was an action of assumpsit, brought by appellant, against appellees, in the circuit court of Warren county.
The defendants pleaded the general issue, payment and set-off. The cause was tried at the September term, 1872, before a jury, and a verdict rendered in favor of the defendants. A motion for a new trial was overruled, and judgment rendered upon the verdict, and the cause was brought to this court by appeal.
A reversal of the judgment is asked, on three grounds--
First -- Because the verdict is contrary to the evidence.
Second -- The court admitted improper evidence.
Third -- The court erred in modifying the second instruction of the plaintiff.
The suit was instituted by the appellant to recover the amount of a promissory note, dated March 27, 1867, due January 1, 1868, amount $250, with ten per cent interest, signed by appellees; which note was read in evidence.
The appellees claimed payment of the note. It appears that Ferree, one of the appellees, in the year 1870, was a tenant of appellant, on a farm in Warren county; that he had raised a crop of corn of fifty or fifty-five acres, and was to pay as rent fifteen bushels of corn per acre, delivered in the crib on the farm. He had also built fence for appellant that season to the amount of $100.
Lambert, one of the defendants, testifies that in the fall of 1870 appellant and his son, James A. Reynolds, came to him and said if he would turn over the crop of corn and the work done on the fence, they would give up the note, which he did; that the corn was worth $11 per acre; that appellant held another note against appellees of $375.
John Stein testified that the note was paid; that appellant and James A. Reynolds agreed with Lambert and Ferree to take the crop of corn and give up both notes.
The defendants also called one Duncan, who testified that appellant and his son, James, agreed to take the corn at what it would be appraised at by men; that he was to select one appraiser and they another, and the two men were to value the corn. The two appraisers were selected, but the corn was not appraised.
This was the substance of the evidence relied upon by appellees to establish payment of the note. To rebut this evidence, appellant called James A. Reynolds, who swears the note was not paid. He says there was an arrangement to have the corn appraised, and two men were selected for that purpose, but they did not act; that there were fifty acres of corn, and it would average forty-five bushels per acre. The rent was fifteen bushels per acre. He took the corn at thirty bushels per acre after taking out the rent, and allowed appellees twenty-five cents per bushel, and harvested the corn under this arrangement. The corn thus taken came to $375. He further testified that the fence built by appellees was worth $90, and that Ferree owed appellant for rent, of the previous year, $174, and for rent that season of eight acres of meadow, at $4 per acre, $32. These two items were first paid, and the balance credited on a note appellant held against Ferree and Lambert of $350, dated October 4, 1866, due in one year, which was read to the jury. Appellant was sworn, and testifies substantially to the same facts as James A. Reynolds.
It is apparent, from the evidence, as disclosed in the record in this case, that appellant had a debt against appellees of about $800. It is also clear that the corn and work of appellees, which appellant had, amounted to only about the sum of $500.
If there was any satisfactory explanation given by the testimony of appellees why appellant should receive $500 and cancel a debt of $800, we would not feel disposed to disturb the verdict of the jury, but on this point we are left entirely in the dark.
There is another fact in the case which is not in harmony with the theory of the defense, which is this: If the notes of appellant were paid, why were they not given up?
Lambert, in his evidence on this point, says the reason he did not take up the note was, they would not give it to him. It is very strange, if he made the contract to pay the note and turned over the property in payment thereof, that appellant would not surrender the note when it was paid.
There is another fact which, to say the least of it, casts a doubt upon the theory that this corn was taken in payment of the note. Duncan, one of appellees' witnesses, testifies that the corn was to be appraised, and that he, for appellees, selected one appraiser and appellant selected another. If this corn was to be taken in payment absolutely of the debt, it is singular appellees offered no explanation why it was that arrangments were made to have it valued by men; but as this cause will have to go before another jury, we do not wish to embarrass a second trial by comment upon the evidence.
We are satisfied, upon a careful examination of the record, that the verdict is manifestly against the weight of the evidence; and reluctant as we are to reverse, unless there is error upon a question of law, it is the settled rule to reverse where there is no evidence to sustain the verdict, or where the verdict is manifestly against the weight of evidence.
In regard to the other two questions raised by appellant, we are of opinion there was no error, on the trial of the cause, in the admission of evidence or the modification of the second instruction of appellant.
For the error indicated, the judgment will be reversed and the cause remanded.
Judgment reversed.
"Reports of cases at law and in chancery argued and determined in the Supreme Court of Illinois, containing additional cases submitted at the September term 1877" by Norman L. Freeman; Illinois Reports, Vol.86, pgs.570 to 577 (California State Law Library, Sacramento, 2/2004)
SAMUEL REYNOLDS v. THOMAS FERREE et al; Supreme Court of Illinois, Northern Grand Division; 86 Ill. 570; September, 1877, Decided.
APPEAL from the Circuit Court of Warren County; the Hon. ARTHUR A. SMITH, Judge, presiding.
This was an action of assumpsit, brought by Samuel Reynolds against C. Lambert, Thomas Ferree, and Joseph H. Kirby, upon a promissory note dated March 27, 1867, for $250, payable on or before January 1, 1868, with ten per cent interest.
The cause was tried twice, first at the September term, 1872, resulting in a verdict and judgment for the defendants, which was reversed in 69 Ill. 495; and, secondly, at the January term, 1876, resulting in the same way as on the first trial.
Mr. JUSTICE BREESE delivered the opinion of the Court:
This was assumpsit, on a promissory note, brought to a special term of the Warren circuit court, held first Monday of December, 1871, by Samuel Reynolds, plaintiff, and against C. Lambert, Thomas Ferree, and Joseph H. Kirby, defendants. The pleas were, non assumpsit, payment, and set-off, and the issues made up thereon were tried by a jury, who, under instructions, rendered a verdict for the defendants. A motion for a new trial was denied, and judgment rendered against the plaintiff for the costs, to reverse which he appeals, and assigns for error, improper evidence admitted against plaintiff's objection, misdirection of the court to the jury, and that the verdict is against the law and the evidence.
We have given the record a careful study, and are satisfied the errors are well assigned.
The facts stated briefly are, substantially, that the plaintiff held two notes, on one of which Lambert and Ferree were alone responsible as makers. One dated October 4, 1866, payable twelve months after date to S. Reynolds or bearer for $350, at ten per cent interest. The other, the note in suit, bears date March 27, 1867, payable on or before the first day of January next after the date, to S. Reynolds or bearer, for $250, with interest at ten per cent from the date. This note was executed by C. Lambert, Thomas Ferree, and Joseph H. Kirby, and there was due on it, when suit was brought, December 1, 1871, of interest, about $166, making the gross sum of $416, or thereabouts.
Now, it is claimed by the defendants Lambert and Ferree that a certain arrangement made with the payee, S. Reynolds, by which a crop of corn of about fifty-two acres then standing in the field, which they had rented of Reynolds at a rent of fifteen bushels of corn to the acre, was received by Reynolds in full satisfaction and payment of both these notes:
We do not think the evidence justifies such a conclusion. It is undisputed that Lambert and Ferree had rented about 160 acres of land of Reynolds for several years, for the years 1868-9 and 1869-70, and were in arrears for the rent due in 1869 and 1870. Reynolds, in 1870, sued out a landlord's warrant and levied it on the crop of 1870, at which juncture Lambert and Reynolds had a meeting, at which a settlement was proposed by Reynolds. They saw Thomas Duncan on the subject -- a relative of Lambert and Ferree -- and he states that in August, 1870, Samuel Reynolds, and James Reynolds, and Lambert told him they had agreed that Reynolds should select a man, Lambert select one, and the two so selected should select a third, and the three were to appraise the corn Lambert and Ferree had raised on the farm rented of Reynolds, and Reynolds was to take it on notes he held against Lambert and Ferree at the appraisement. This arrangement to arbitrate was not carried out, the parties chosen as appraisers not making their appearance as agreed upon.
Ferree, in his deposition, states that he executed a note to Reynolds for $350, which he partly paid; that in August, 1870, had a settlement of accounts with Reynolds, and there was coming to witness $142 on the settlement, which was applied and indorsed on the note. Subsequently he shows there was labor performed by him and Lambert to the amount of $100, which Reynolds agreed to indorse on that note; he further deposes in answer to an interrogatory to which objection was made by plaintiff, that he knows that Reynolds got the corn; had heard both Samuel and James Reynolds acknowledge it; it was grown on S. Reynolds' farm, about sixty acres, good corn, and would average about fifty-five bushels to the acre. He further deposed that in 1870, on the final settlement, all the rent due Reynolds was paid up in full.
Lambert, in his deposition, states the note in question was paid in full before the commencement of the suit. He then states an interview with James Reynolds, in which James wanted him to leave the farm, and offered to give up all notes held by his father, he stating he was transacting business for his father, if they would turn out some corn then growing on the place, and give the work done in the timber and leave the place. He deposes that, after this interview, James Reynolds and his father came to him, and they went to where Thomas Duncan was surveying some land, and both of the Reynolds stated that they would give up all notes held against defendants (Lambert and Ferree) if they would leave the place and turn in the corn mentioned, and the work they had done. He says "we then agreed to the proposition, and the corn was turned out." He further deposes "they then expressed themselves that both notes would be, and were, amply paid, and paid in full." He then deposes to a subsequent interview had by James Reynolds with Mrs. Ferree, the wife of Thomas Ferree, in which she asked James to give up the notes and he replied he could not, as he had not them with him, but assured them that the notes were fully paid, including the note sued on, and he would see that the notes would never come up against them, and that he would destroy them. He further deposes the notes paid were the $350 note and the note in suit; they were paid in the manner before described -- that is, by turning out the corn in the field, and relinquishing the claim for work in the timber. One John M. Strain, a witness for defendants, deposed he had never seen the note, but had heard James Reynolds say that the note referred to was fully paid before the commencement of the suit by corn turned over, together "with another note being paid by said corn." James Reynolds told him he had taken the corn on the notes, and in full satisfaction thereof, and he told me he had agreed to take the corn in full payment of the notes, one of them being for $350, and the other, the note in suit. James Ferree, a son of one of the defendants, states in his deposition that he knows the note in question was paid before suit was brought; it was paid in corn; that Samuel Reynolds held another note against Thomas Ferree, given for a span of mules -- thinks for $300. This note was paid in full in 1870, before the commencement of this suit, paid in work and labor, and by a horse or mare, and some money; the other note was paid in full in corn, standing in the field -- about fifty-two acres. He then deposes to the interview between James Reynolds and Mrs. Ferree.
Samuel Reynolds and James Reynolds give in their testimony, in open court, a different account of the transaction and dealings, and we are induced thereby to examine somewhat critically the statements of the witnesses making their depositions in a distant State, without cross-examination.
Thomas Ferree, the principal in the old note, dated October 4, 1866, for $350, avers that a part of it only was paid; that in August, 1870, they had a settlement of accounts, and there was coming to him $142, which was applied and indorsed on the note. Subsequently there was labor performed and completed by him and Lambert, to the amount of $100, which Reynolds agreed to indorse on that note. These two sums would make only $240, saying nothing about the interest, which, on September 10, 1870, amounted (two years and eleven months, at ten per cent), not to be very particular, to $167, making, in all, $517. There was another credit indorsed, about the same time, for $64 for corn and hay hauled to Abington for Reynolds. This added makes the credit $304; taking this from the amount due on old note, $517, leaves due on that note $214, beyond controversy. The testimony of James Ferree, against these facts, is wholly worthless. His father, who made the note and the payments on it, does not undertake to state such facts as his son has stated.
These facts further show that the testimony of none of the witnesses who depose to the payment of both these notes by that crop of corn was at all reliable. The figures and facts overthrow them. The truth is to be found, we think, in the testimony of Mr. Duncan, the brother-in-law of Thomas Ferree, and the uncle of Lambert's wife. He says, when the parties came to him and stated the agreement, it was that the corn should go on the notes. As he expressed it, "Reynolds was to take it (the corn raised by defendants on plaintiff's farm) on notes he held against Lambert and Ferree at the appraisement." The facts show there was then a considerable balance due on the $350 note of October 4, 1866, and the sole inquiry is, has the value of this corn been honestly applied on that note, and was there a surplus which should be credited on the note now in controversy? We lay wholly out of view the statements made by James Reynolds, as it is not shown he was the agent of his father to make any statements or agreements in respect to these notes. What he may have said and done, not being the agent of the plaintiff, has no binding effect against the plaintiff, unless, with a full knowledge of all the facts and circumstances, plaintiff acquiesced in or ratified, expressly or impliedly, his acts. Of this we will remark further when we come to consider the instructions. Now, what was the value of this field of corn? There were fifty acres that would average forty-five bushels to the acre, fifteen of which belonged to the plaintiff as rent. There would remain 1,500 bushels, which, at 25 cents per bushel, would equal $375. We have seen, the balance of the old note, after allowing all credits, was $214. This value of corn, $375, pays that balance, with an excess of $161 in favor of defendants. The note in suit is $250, and interest thereon amounting to $166.33, making, principal and interest, $416. Deducting from this the excess as above, $161, leaves for the plaintiff in the action $255.
We are entirely satisfied, on a full and careful examination of this record, that the verdict should have been set aside.
It was also error to permit the statements of James Reynolds to go in evidence against objections, in the absence of proof that he was the general or special agent of plaintiff, and authorized by the terms of his agency to make the arrangement about these notes which the defendants claim he did make. Parties in dealing with an assumed agent should be careful to see and be assured that he is the agent he represents himself to be, and that he is acting within the scope of his powers. The fourth instruction on this point was calculated to mislead the jury. It should have read, if plaintiff had authorized his son to act as his agent in relation to these notes, then, to the extent of the authority conferred, the acts and statements of the son while performing the business of his agency would bind the plaintiff. It by no means follows, because a father employs his son to keep his books and accounts, and figure the interest due upon notes, that the son has authority to collect and settle such notes and accounts.
It is urged by appellees that the acceptance by appellant of the corn is a ratification of the act, and an acquiescence in all things said and done by his son in regard to the notes. The doctrine of ratification of an unauthorized act is, that the principal shall be fully and fairly informed of all the facts and circumstances of the transaction. In receiving this corn, had not appellant a right to know and believe it was given to him on the notes, as Duncan stated the contract really was, and not in full discharge of both notes, when there was a balance justly due appellant of more than $250? His son denies making any such promise and agreement, and it is very certain he never communicated such to his father. Persons dealing with an agent are bound, at their peril, to see the authority of the agent before he concludes the bargain. At this pretended interview with Mrs. Ferree when she demanded the notes, the fact that James Reynolds did not have them in his possession was sufficient to put these parties on their guard, and to warn them of his want of authority.
We think injustice has been done appellant by this verdict and judgment, and the judgment must be reversed and the cause remanded that a new trial may be had.
Judgment reversed.
MILITARY RECORDS
Index to War of 1812 Pension Applications and Bounty Land Warrant Applications; National Archives Film; ... to Dunh.. (FHL film 840,458)
DUNCAN, Jonathan, wife Agnes (Lerper) WC-35219, SO-14825 Rejected, mar. 29 June 1835 Washington Co. PA; soldier died 10 Sept. 1876 Waukeen IA, widow died about 1899; service in William Allison's PA Militia, lived Mercer & Warren Cos. IL
Pension Index Card File, alphabetical; of the Veterans Administrative Contact and Administration Services, Admin. Operations Services, 1861-1934; Duff to A-J Duncan (negative FHL film 540,888, some cards very faint); Joseph Duncan to Dunn (positive FHL film 540,889, some cards very dark)
Cataloged under Civil War, 1861-1865, pensions, indexes; does not say if Confederate or Federal, but probably Federal. Negative film, some cards much too faint or dark to read, some cards blurred or faded, particularly the service unit and the dates of application. Most of the very faint or dark cards were in a slightly different format, with space for years enlisted and discharged which were sometimes filled in. Many of these were for service in later years, although one or two were for service ca 1866.
Name of soldier, alias, name of dependent widow or minor, service (military unit or units), date of filing, class (invalid or widow or minor or other), Application #, Certificate #, state from which filed (sometimes blank), attorney (sometimes blank, MAD: did not usually copy), remarks. Sometimes the "Invalid" or "Widow" class had an "s" added to it before the application #; occasionally the area for the service information included a circled "S". The minor's name was frequently that of the guardian rather than the minor.
The military unit was frequently the Company Letter, the Regiment Number, sometimes US Vet Vol Inf. (US Veteran Volunteer Infantry), L.A. (Light Artillery), H.A. (Heavy Artillery), US C Inf (US Colored? Infantry), Cav. (Cavalry), Mil. Guards, V.R.C. (?Volunteer Reserve Corps?), etc. Sometimes there were several service units given.
Cards appear to be arranged by the last name, first name, middle initial if any, and state (including "US") of service.
Duncan, George; G 17 Ill. Cav.; 1888 June 13, Invalid Appl. #659455, Cert. #645549, Kans. (MAD: enlisted Dorr, IL; ? Kane or Warren Co. IL)
Duncan, James M., minor Duncan, Oriel J., Gdn.; K 11 Ill. Cav.; 1879 Dec. 22, Invalid Appl. #331904, Cert. #293046; 1897 Feb. 12, Minor Appl. #648362, no cert., Ill. (MAD: ? Mason or McDonough or Warren Co. IL; of Young America per IL Civil War database; also William Duncan of Young America)
Duncan, Joseph W., widow Duncan, Caroline A.; F 83 Ill. Inf.; 1884 March 4, Invalid Appl. #507503, Cert. #896639 cancelled, Iowa; 1897 July 24, Widow Appl. #659185, Cert. #493061, Ill. (MAD: 1850 Perry Co. PA census; 1860 Warren Co. IL census)
Duncan, Robert L., widow Duncan, Alice M.; F 17 Ill. Inf.; 1883 Oct. 13, Invalid Appl. #497566, Cert. #554386, Neb.; 1906 June 13, Widow Appl. #850557, no cert., Colo. (MAD: R.L. Duncan m. Alice M. Delzell 1868 Warren Co. IL; ?? 1870 Madison Co. IA; ?? 1900 Fremont Co. CO)
MAD: no pension found, following from IL Civil War list:
Duncan, William, K 11 CAV, Young America (? Mason or McDonough Co. IL)
REFERENCES FROM OTHER LOCALITIES
Henderson Co. IL Deed (Oquawka courthouse, Henderson Co. IL)
9-476: Duncan, Joseph of Morgan Co. from James and wife Elizabeth Dunlap of Morgan Co., and James W. Crane of Tazewell Co. IL, $200, 2/7 of land in Fulton, Warren, McDonough & Hancock Cos., ILL, 160 acres SE 1/4 Sec. 17 5N3E; 160 acres NE 1/4 Sec. 23 8N2E; 160 acres SW 1/4 Sec. 20 6N1E in Fulton Co.; 160 acres SE 1/4 Sec. 20 4N4W in McDonough Co.; 160 acres NE 1/4 Sec. 1 4N7W Hancock Co.; 160 acres SW 1/4 Sec. 10 8N6W in Henderson Co. /s/ James Duncan, Elizabeth Duncan, James Dunlap, atty for James M. Crane. Rec. Morgan Co.
Henderson Co. IL Deed Extracts (from Ronda Berry 3/1995)
26-514: 26 Oct. 1868, Ignatius Howard and wife Mary Howard to Henry Hugenschutz, $800, land commencing SE corner of SE quarter Sec.19 Twp 9N Range 5W; running north along E.line of said quarter section 40 chains; then south 38-1/2 deg. west 16 chains 40 links; then south 28 deg. west 16 chains 70 links; then south 15 degrees west 13 chains 20 links; then east along the south side of said quarter section 20 chains and 64 links to beginning, containing 49.66 acres more or less. #17613. (MAD: land was in Warren Co. IL when bought by Howards)
34-164: 13 Jan. 1877, Wesley Howard and wife Charity A. Howard of Des Moines Co. IA to John H. Hugenschutz of Henderson Co. IL, $200, SE 1/4 Sec.19 and 12 acres off S.side of tract of 24 acres on W.side of SE 1/4 of NE 1/4 of Sec.8 all in 9N5W. #23092
34-517: 3 Jan. 1876, Solomon D. Howard and wife Nancy Howard to John Hugenschutz, $175, undivided right of W.part in SE 1/4 of Sec.19 in 9N5W, containing 100.34 acres. Also undivided right in 12 acres off S.side of tract 24 acres on W.side of SE 1/4 of NE 1/4 of Sec.8 in 9N5W. #22427
34-541: 5 March 1877, Wayman Howard and wife Loretta Howard, to John Hugenschutz, $200, SE 1/4 of Sec.19 and 12 acres off S.side of a tract of 24 acres on W.side of SE 1/4 of NE 1/4 of Sec.8 in 9N5W. #23091
34-183: 1 June 1877, Douglas Howard and wife Melissa Howard to John Hugenschutz, $200, SE 1/4 of Sec.19, 12 acres off S.side of tract and 24 acres on W.side of SE 1/4 of NE 1/4 of Sec.8 all in 9N5W. #23319
32-217: Heirs of I. Howard. 30 Aug. 1876, Mary Howard, widow of Ignatius Howard, Madison Howard, Elsie Coffman and Alfred Coffman, Ann Howard and Mary Ellen Howard, heirs of I. Howard to John Hugenschutz, $875, SE 1/4 of Sec.19 and 12 acres off S.side of a tract of 24 acres on W.side of SE 1/4 of NE 1/4 of Sec.8 in 9N5W. Notarized by F.M. Marion on 2 June 1876 in Sacramento Co. CA. He says he knows Alfred and Elise Coffman and they are who they say they are. #22726 (MAD: Alfred Coffman and 2nd wife Elsie Howard lived near Elk Grove in San Joaquin Co. CA)
HISTORIES before 1923
"The Past and present of Warren County, Illinois : containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, portraits of early settlers and prominent men, general and local statistics, map of Warren County, history of Illinois, Constitution of the United States, miscellaneous matters, etc., etc." (anonymous); pub. Chicago: H.F. Kett & Co., 1877, 344 pgs. (LH6207, HeritageQuest images 4/2007 & 7/2007; FHL book 977.3415 H2p and film 924,846 item 1 and 1,000,519 item 5; also from Leroy Williamson ca 1978)
Pg.184: Warren Co. War Record, 83rd Infantry, Company F, Privates: Duncan, J.W., e. Aug. 12, 1862, m.o. June 26, 1865, as Sergt.
Pg.187: ... 138th (100 days) Infantry, Company A, Privates: Duncan, B.A., e. May 5, 1864, m.o. Oct. 14, 1864.
Pg.207: Monmouth City: Duncan, Mrs. Agnes, U.P.; from Penn.
Pg.236: Sumner Twp: J.F. Arthurs, farmer, b. NC Dec. 29, 1807, to this Co. in 1836 ... James C. Arthurs, b. in this Co. Nov. 30, 1841 ... Joseph W. Arthurs, b. in this Co. Sept. 20, 1839 ... (MAD: see Arthurs Family from Rowan Co. NC)
Pg.267: Swan Township: Duncan, J.R., farm laborer; Youngstown; dem; Meth; from Missouri
Pg.321: Tompkins Township: Duncan, J.W., music teacher; Kirkwood; rep; from Pennsylvania.
Pg.349: Berwick Township: Duncan, T.M., Sec.24; P.O. Abingdon; dem; Chris; 160 acres; from Pennsylvania. (MAD: "Chris" is probably Christian religion)
1886 "Portrait and biographical album of Warren County, Illinois, containing full page portraits and biographical sketches ... : also containing a history of the county from its earliest settlement up to the present time" pub. by Chapman Bros. (FHL book 977.3415 D32d and film 1,000,520)
Pg.198-9: James F. Arthurs, pioneer of Warren Co. 1836, Kelly Twp, born southern section of US, reared there, father died when he age 3, his mother the sole guardian of 8 children; 1831 the family to Putnam Co. IN, in 1836 to IL. James F. Arthurs b. Dec. 29, 1807, son of Joseph and Catherine (Wingfield) Arthurs ... (MAD: see Arthurs Family from Rowan Co. NC)
"Historical encyclopedia of Illinois and history of Warren Co." by Tracy, Reny, Emma Roberts Hubble; IL ed. by Newton Bateman & Paul Selby, Warren Co. ed. by Hugh R. Moffett, Thomas H. Rogers; pub. Chicago: Munsell Pub. Co., 1903, 1097 pgs. (LH6211, HeritageQuest images 4/2007; FHL film 825,608 and 1,000,520 item 2)
Pg.859: SEARLES, J.F., natives of Ohio who came to Illinois during the early development ... native Ohioan in Warren County, is J.F. Searles, of Monmouth ... Mr. Searles was born in Seneca County, Ohio, December 14, 1846, a son of David Young and Eliza (Schuyler) Searles. His father was born June 2, 1817, three miles east of Lancaster, Ohio, and his mother a native of Seneca County, New York, was born November 22, 1819. John Searles, his grandfather, was born in Ann Arundel County, Md., February 20, 1775, and married Jane Duncan, who was born at Duncan Island, near Harrisburg, Penn., March 26, 1780. John Schuyler, his mother's father, was born in New York in 1783, and married Eliza C. Turner, a native of Maryland, born March 13, 1799. His great-grandfather in the maternal line ... J.F. Searles ... to Illinois in 1866 for 3 years, then to Chicago, then in 1870 to Monmouth, in 1872 returned to Chicago, then 1881 located permanently in Monmouth. ... (MAD: Harrisburg, Dauphin Co. PA)
Pg.969-970: DAVIS, IRA W., Point Pleasant Township, Warren Co. ILL (post office Swan Creek), ... born in Mahoning County, Ohio, June 13, 1831, son of Reuben H. and Annie (Barclay) Davis ... in 1855 to Roseville Township, Warren Co. IL, for 8 years, then to Point Pleasant Township. .... Twice married ... his first wife was Sarah J. Amon, who was born in 1830, the daughter of George and Sarah Amon, natives of and lived in Mercer County, Pennsylvania. Had children ... Mrs. Davis died May 28, 1878. On December 7, 1884, Mr. Davis was married in Roseville Township, to Nellie Duncan, who was born in Wisconsin, December 25, 1849, a daughter of David and Catharine (Briggs) Duncan. Mr. Duncan, who was a tailor, moved from Rochester, New York, to Ohio, thence to Wisconsin, and then to Missouri, where he and his wife both died. (MAD: 1850 Columbia Co. WI, ? 1860 Shelby Co. MO; Rochester, Monroe Co. NY)
1882 "History of Mercer and Henderson counties [Illinois] : together with biographical matter, statistics, etc. gathered from matter furnished by the Mercer and Henderson County historical societies, interviews with old settlers, county, township and other records, and extracts from files of papers, pamphlets, and such other sources as have been available" pub. by H.H. Hill and Co. (FHL film 924,492 item 1 and 1,000,507 item 2; see Mercer Co. IL for more)
Pg.454-5, Oak Grove Township: JONATHAN DUNCAN (deceased) was born near Baltimore, MD, November 19, 1791, and was a son of Andrew and Ann (Smith) Duncan. It was in 1815 when he moved to Washington Co. PA. He is familiarly known as Col. Duncan, having enlisted in the war of 1812, as lieutenant, and later, being promoted colonel. Very many of the colonel's best years were actively spent in PA. There he lived till the year 1854. He had made a trip to Illinois in 1853, purchasing 260 acres in sections 26 and 27, Ohio Grove township, Mercer Co. IL. In 1854 he moved his family via the river to Keithsburg and thence to his farm. Here he lived till 1874. Mr. Duncan moved to Monmouth in 1874, to live in retirement. On September 10, 1876, while visiting his son, Dr. J.K. Duncan, at Des Moines, Iowa, death claimed him. He was buried at Monmouth, (Warren Co.) Illinois. Mr. Duncan was first married to Miss Letha Swearengen. She died, leaving four children. He was next married June 29, 1835, to Miss Agnes Leeper, daughter of Robert and Nancy Leeper, both of whom were born in York county, and died in Washington Co. PA. Mrs. Duncan was born in Washington Co. PA, June 10, 1815. She now resides with her son in Mercer county. ....
END
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