Duncan research files of
1820-1840 Union Co. KY Census
No Duncan indexed
1850 Union Co. KY Census (no other Duncan from page by page)
Pg.473, #187, Bedford DUNCAN 23 NC farmer
Elizabeth 29 NC
J.M. (f) 3, Noah (f) 1 KY
(MAD: mar. Elizabeth Russell 11/19/1846 Henderson Co. KY; in 1870 Webster Co. KY census)
Pg.476, #235, John RUSSELL 39 KY farmer $400
Permelia 26 NC
W.J.F. (m) 7, G.W. (m) 6 KY
E.A. (f) 3, Mary J. 10/12 KY
Jane DUNKEAN 42 NC
Ben Wright (Weight?) 43 NC laborer
(MAD: Permelia Duncan per Webster Co. history)
1860 Union Co. KY Census
Pg.385, #792, Wm. DUNCAN 40 NC farmer $4000-1000
Mary 40 NC (uses ditto marks for state of birth)
Elizah. A. (f) 16 (ditto)
Eleas? ?. (m) 12 (ditto)
Mary F. 10 (ditto)
Martha C?. 8 (ditto)
Mary J?. 6? (ditto)
Thos. J. 2 (ditto)
Sarah A. 9/12 (ditto)
(MAD: mar. Mary Morehead 6/20/1853)
Pg.420, #773, R?.C?. MOREHEAD? (m) 25 KY farmer $1000-500
Sahella? (f) 26 KY
Martha E. 9/12 KY
Martha DUNCAN 49 KY
(MAD: Andrew J. Morehead mar. Sally Ann Duncan 11/14/1859 Henderson Co. KY)
Pg.422, #788, Nath. T. DUNCAN 25 KY farmer $1000-500
Minerva A. 25 KY
Mary E. 6, Emeline 4 KY
Susan R. 3 KY
Robert 18 KY laborer
(MAD: Nathan Duncan mar. Minerva Cottingham 2/12/1852 Henderson Co. KY; ?? 1870 Webster Co. KY census)
Pg.423, #789, Wm. DUNCAN 21 KY farmer $0-0
?Lu?vina (f) 21 KY
Pg.423, #794, Thos. DUNCAN 22? (25?) KY
Jane 23 KY
Sarah 4, Lavina 1 KY
Pg.428, #829, John RUSSELL 49 NC farmer $3000-$1000
Pamela? 39 KY
Wm. J.F. 17, Geo. W. 15 KY
Elizah. Q?.A. (f) 12, Eliza E. 8 KY
Martha T/F. 7, Thisa? C. (f) 4 KY
Jane DUNCAN 52 KY
Pg.429, #836, N.B. DUNCAN 35 KY farmer $0-0
Nancy C. 28 KY
Anderson (m) 16, William 6 KY
John 5, Marin? C. (m) 3/12 KY
(MAD: Nathan B. Duncan, in 1870 Henderson Co. KY census)
Pg.483, #1214, Eliza C. HIGGINSON 47 KY (f) farmer $6000-4000
Rebecca 23, Jefferson 13 KY
Jno. B. 11, Matilda E. 8 KY
Leonard LAY 24 KY laborer
Charles CLAXTON 21 KY laborer
(MAD: looking for Elizabeth Duncan mar. Whiteside Higginson, bond 1/15/1852 in Henderson Co. KY; no Whiteside Higginson indexed 1860 KY)
Pg.563, #1848, Harry DUNCAN 34 KY Marshall $500-$500
Mary E. 31 KY
Alice W?. 11 KY
Leroy A. 8 IN
Jno. B. 6, Shelby T/P?. (m) 3 KY
Eli SHAZELIN?? 11 IL
Geo. GREGORY 30 KY
(MAD: 1870 Atchison Co. MO census)
1870 Union Co. KY Census
Hills Prct., P.O. Boardley
Pg.297, #118-118, RUSSELL, James 46 TN (white) farmer $2925-2262
DUNCAN, Thomas J. 13 KY (white) farm hand
Pg.301, #184-184, DUNCAN, Peter B. 50? (51?) KY farmer $0-$165
Susan M. 39 KY keeping house
David V. 19, John H. 17 KY farm hands
Marthy A. 16, Fannie P. 10 KY
Sallie 9, Robert L. 6 KY
Nannie (f) 2 KY
(MAD: Peter indexed as age 50, but looks more like 51; 1860 Washington Co. KY census)
Morganfield Prct., P.O. Morganfield
Pg.344, #347-347, CATLETT, Juliett A?. 68 VA (blank) $15000-$0
DUNCAN, James 65 KY (white) cabinet maker $6000-$0
TAYLOR, Gibson E. 42 KY (white) sheriff $120-$3000
Juliett L. (f) 37 KY keeping house
Peter C. 17 KY depty. sheriff
Jack E. 13, Henry H. 11 KY
Gibson B. 9, Mainus? B. (f) 6 KY
Robert L. 4, Benjamin 2 KY
TAYLOR, Hannah 70 VA BLACK (blank)
Ann 35 KY BLACK
Bettie 16, Juliett (f) 12 KY BLACK
Ben 14, Mary 12 KY BLACK
Gabe (m) 6, Nora 1 KY BLACK
WALL, John H. 33 KY (white) county ct. clk. $500-$300
Virginia 16 KY
1900 Union Co. KY Census (HeritageQuest image 1/2007)
Henshaw Precinct, S.D.2, E.D.80, Sheet 1
Pg.101A, #9-9, DUNCAN, Benj. D?., head, w/m, July 1857, age 42, mar. 22y, KY VA KY farmer
Ella R., wife, w/f, Oct.1860, age 40 ("39" written above), mar. 22y, 10 ch, 6 living, KY MO KY
Herbert L., son, w/m, Jan.1887, age 19, single, KY KY KY farm laborer
Wm. W., son, w/m, Jan. 1888, age 12, single, KY KY KY at school
Ben. L., son, w/m, Oct. 1889, age 10, single, KY KY KY at school
Maggie B., dau., w/f, June 1894, age 5, single, KY KY KY
Harry L., son, w/m, Jan. 1896, age 4, single, KY KY KY
Luthur (Luher?) E., son, w/m, May 1898, age 2, single, KY KY KY
Union Co. KY Will Index (FHL film 562,164)
C-536: Duncan, Isabella, Sarah Francis & Marion, appraisement. (William Duncan was guardian of minors Marion, Isabella, Sarah Frances, orphans of Nathan Duncan, decd., per bond filed 5/1/1854; from "Blue Grass Roots" Vol.10, 1983, pg.124) (MAD: see Henderson Co. KY Deed Q-449)
E-33: Duncan, Isabella, gdn. settlement
E-370: Duncan, Marvin, gdn. settlement
G-291: Duncan, B.F., will
G-547: Duncan, Bedford, will
Union Co. KY Deed Indexes (grantor index pg.105 on FHL film 562,146; grantee pg.106 on FHL film 562,150)
Grantors, pg.105: (FHL film 562,146)
F-412: 1828, J.H. & P.A.R. Duncan by atty to Thos. Holt, deed, 1000a Highland creek
L-118: 1851, B.F. & J.L. Duncan to E.L. Givens, deed, Int. 1175a Ohio River
L-611: 1853, Bedford & Elizabeth Duncan to Isham Cottingham, deed, 200a Highland Creek
O-459: 1856, N.B. Duncan by Shff to Absolem Duncan, deed, 101a Highland creek
P-330: 1856, Bedford & Elizabeth Duncan to Alexander C. Watson, deed, 146-1/2a Highland Creek
P-401: 1857, Nathan B. & Mary J. Duncan to Alexander C. Watson, deed, 23-1/2a Union Co.
S-408: 1861, Absolem & Elizabeth Duncan to Nathan T. Duncan, deed, 150a Caldwell Creek
S-409: 1861, Nathan T. & Minerva Duncan to James Ford, deed, 45a Caldwell Creek
S-537: 1861, Harvey & Mary E. Duncan to Melvina Carroll, deed, Lot 79 Caseyville
T-128: 1861, John Duncan's heirs to William Duncan Jr., Comr. deed, 208-3/4a Caldwell Creek
T-331: 1863, Harvey Duncan to John Carroll, Comr. Deed, Lot 79 Caseyville
T-376: 1864, Emily Duncan to Isham Cottingham, Deed, 130a Highland Creek
U-437: 1864, John Duncan, N.B. Duncan & Mary J. Duncan to Hiram McElroy, Comr. Deed, 127-1/2a Union Co.
Next grantor X-114, 1870, Coleman, Sarah and Rebecca Duncan - quit
Grantees, pg.106-7: (FHL film 562,150; & see Duncan grantors above)
K-378: 1850, Isaac & Rachel Gibson to Jno. Duncan, deed, 50a Highland creek
K-379: 1850, Isaac & Rachel Gibson to Jno. Duncan, deed, 58a Caldwells Creek
O-164: 1856, Isaac & Rachel Gibson to John Duncan, 104a Craborchard Creek
O-461: 1856, William Holeman by Shff to Absolem Duncan, deed, 150a Highland creek
P-470: 1857, Thomas R. & Elizabeth Givens and George & Sallie N. Huston to Elijah Duncan, 100a Highland Creek
P-472: 1857, Thomas R. & Elizabeth Givens and George & Sallie N. Huston to William Duncan, deed, 425a Highland Creek
P-495: 1857, Alexander & Ava Watson to Nathan B. Duncan, deed, 26a Union Co.
Q-234: 1858, Thomas Chapman to Harry Duncan, apprentice, Eli Morgelum
R-103: 1858, Charles Anderson to Bedford Duncan, deed, 353a Highland Creek
R-369: 1859, B. Whitledge to Wm. Duncan trust., trust deed, 81a Highland creek
S-76: 1860, Ark. IOOF Lodge Caseyville, Peter & Attoway Casey & N.H. Casey by atty & E.M. Casey to Harvey Duncan, deed, lot Union Co.
T-130: 1861, Henry Stone to Ann E., Elijah, Wm. P., and Robert Duncan, deed, 61a Highland Creek
W-574: 1868, Robert E. Grandys Heirs to Coleman & Rebecca Duncan, Comr. deed, 110a Lost & Mason Creek
W-463: 1868, Francis Ford to Sanford Duncan, deed, 264a Ohio River
58-374: 1868, James Morrison to Nancy Duncan, Comr. Deed, 300a Ohio River
Next grantee Y-532, 1872, Sarah E. Handley by trustee to Absolem Duncan, trust deed, quit.
Union Co. KY Deeds
F-412: 24 Nov. 1828, David Holt for himself and as attorney for Joseph H. Holt, Thomas Holt, John H. Duncan and wife Paulina late Paulina A. Holt, Amelia B. Holt, James M. Holt, Foster Demartus & wife Louisa late Louisa M. Holt, legal heirs and reps. of Thomas Holt decd, late of Harrison Co. KY, to Thomas Holt of same, for $400, 1,000 acres in Union Co. KY on Highland creek in the walnut bottom entered and surveyed in the name of Joseph Blackwell and patented to William Bryon, adj. the back corner of the 1000 acre survey made for Walter C. Strong; /s/ David Holt for himself & atty for Joseph H. Holt, Thomas Holt, John H. Duncan, Paulina S.R. Duncan, Amelia B. Holt, Jane M. Holt, Foster Demartus, Louisa M. Demartus; ack. in Harrison Co. KY, 25 Feb. 1829. (FHL film 561,087)
Deeds, v. I-K 1842-1852 (FHL film 561,089)
K-378/379: 11 Oct. 1850, Isaac Gibson and Rachael D. his wife to John Duncan, for $112.50 paid or secured to be paid, sell parcel of land in Union Co. KY on waters of Highland Creek, beg. on the Robertson Lick survey where Calniff's and John Handley's old lick survey joins said Robertson's line, then to William Ficklin's line, ... John Handley's line, then to the beginning, containing 50 acres more or less, with appurtenances except a grain yard in the line of said tract which is to him reserved to the benefit of said Gibson & wife unto the said John Duncan, warrant title. /s/ Isaac (X) Gibson, Rachael (X) D. Gibson. Wit. Geo. Huston, Jeff. Brown. Produced and ack. before Jeff Brown, Clerk of Union Co. KY Court, 11 Oct. 1850. Recorded 16 July 1851. (FHL film 561,089)
K-379/380: 11 Oct. 1850, Isaac Gibson and Rachael D. his wife to John Duncan, for $112.50 paid or secured to be paid, sell parcel of land in Union Co. KY on waters of Caldwells Creek, a branch of Highland Creek, beg. at Fowler's corner, then ... line of William Moore, then ... to the beginning, containing 58 acres, with appurtenances, warrant title. /s/ Isaac (X) Gibson, Rachel (X) Gibson. Wit. Geo. Huston, Jeff Brown. Ack. 11 Oct. 1850 before Jeff Brown, Clerk of Union Co. KY Court., recorded 15 July 1851. (FHL film 561,089)
Deeds, v. L 1850-1851 (FHL film 561,090)
L-118/120: 9 May 1851, George R. McKee and Sarah H. McKee his wife of Garrard Co. KY, Alexander R. McKee and Mary his wife of Madison Co. KY, Benjamin F. Duncan and Jane L. Duncan his wife late Jane L. McKee of Garrard Co. KY, heirs at law of Patsy McKee decd who was devized of Samuel McKee decd., for $5 per acre paid and secured to be paid, sell and convey to E.L. Given of Union Co. KY all their interest as heirs at law of Patsy McKee decd to the tract of land, being the undivided 3/4, tract was patented to William Lambert and by him conveyed to Samuel McKee who devized to Patsy McKee who died intestate leaving the grantors herein and the children of her deceased son Wm. R. McKee her heirs, in Union Co. KY on Lost Creek a branch of the Ohio River, beg. at corner to J.F?. Chesnut's, being part of Richard Taylor's millitary survey, corner also to James Threlkeld formerly Peter Higgins, then ... crossing Lost Creek, then ... George Paynes corner part of Richard Taylor's survey, then to the beginning, containing 1175 acres, warrant title. Ack. 9 May 1851 in Garrard Co. KY by George R. McKee and Benjamin F. Duncan, and Jane L. Duncan wife of Benjamin F. Duncan. 11 May 1851, Alexander R. McKee and wife Mary McKee ack. deed in Madison Co. KY. Recorded Union Co. KY May 24, 1851. (FHL film 561,090)
L-611/612: 21 March 1853, Bedford Duncan of Henderson Co. KY and wife Elizabeth to Isham Cottingham of same place, for $250 paid, sell parcel of land in Union Co. KY on waters of Highland Creek, beg. in William Duncan's line near Oens branch, then ... to the beginning, containing 200 acres more or less, together with appurtenances. /s/ Bedford Duncan, Elizabeth (X) Duncan. Wit. John G. Johnson G.C. for Jeff Brown Clk. Union Co. Ack. 21 March 1853. (FHL film 561,090)
Deeds, v. O-P 1855-1857 (FHL film 561,092)
O-164: 10 April 1856, Isaac Gibson and Ratchal his wife of Union Co. KY to John Duncan of afsd, for $500 in good cash notes in hand paid endorsed by said Duncan to Gibson, sell parcel of land in Union Co. on waters of Crab Orchard Creek, beg. the north corner of the Rutherford survey, then ... the Rutherford line, then to the beginning, containing 104 acres more or less, warrant title. /s/ Isaac (X) Gibson, Rachel (X) Gibson. They ack. deed 11 April 1856 before Thomas S. Chapman, Clerk of Union County Court. (FHL film 561,092)
O-459/461: 1 Oct. 1856, George Parker, Sheriff of Union Co. KY, to Absolem Duncan of afsd, that on 25 May 1855 Execution No.9031 issued from the Union Circuit Court Clerk's Office that of the estate of N.B. Duncan and John Duncan, be caused to be made $120 which James Russell late in our line? in Circuit Court recorded against them for debt with interest from 1 March 1854, also $7.95 &c, and the Sheriff made return, May 28, 1855, levied the execution in favour of James Russell against Nathan Duncan &c on 101 acres in Union Co. KY on waters of Highland creek, the same on which said Duncan now lives, given up by said Duncan to satisfy said execution, and the sheriff caused the land to be valued by Isaac M. Holeman and Thomas Harrington, valued $40 per acre, on Monday 6 Aug. 1855 land sold to highest bidder on a credit of 3 months, Absolem Duncan the purchaser for $75, deducting Sheriff's commission of $3.75, entitles to a credit of $71.25, Duncan executed sale bond for $75 with Burril Whitlege security, now George Parker Sheriff to Absolem Duncan for $1 paid, sell the interest of said Nathan Duncan to 101 acres, with appurtenances. Ack. 1 Oct. 1856. (FHL film 561,092)
O-461/463: 23 Sept. 1856, George Parker Sheriff of Union Co. KY, to Absolem Duncan, that on 16 Nov. 1854 the Union Circuit Court issued an execution no.8936, that of the estate of Wm. F. Holeman, James L. McClendon, Geo. B. McClendon, Isaac Holeman and E.J. Baker, a sum of $125 be made to which John Jenkins, Admin. of Willifred Jenkins had recovered against them for debt with interest from 21 Jan. 1854 and $9 costs ... levied on 150 acres in Union Co. on waters of Highland Creek deeded to W.F. Holeman by J.L. McClendon by W.F. Holeman to satisfy the debt, valued at $5 per acre, sold 5 Feb. 1855 to highest bidder, the 150 acres, no bidder, then on 6 July 1855 issued No.9068 Sheriff to sell the estate to value of $125.68 with interest from 21 Jan. 1854 and $9.50 cost, which Jno. Jenkings adr. of W. Jenkins recovered, Sheriff sold 6 Aug. 1855 to highest bidder, the 150 acres, to Absolem Duncan for $75, after deducting Sheriff's commission of $3.75, a credit of $71.25. Now George Parker Sheriff to Absolem Duncan for $1 paid, sell the interest of said William F. Holeman to 150 acres, with appurtenances. Ack. 23 Sept. 1856. (FHL film 561,092)
P-330/331: 18 Nov. 1856, Bedford Duncan and Elizabeth Duncan his wife of Henderson Co. KY to Alexander C. Watson of Union Co. KY, for $1427.50 paid, sell tract of land in Henderson Co. on waters of Highland Creek beg. on a line of Moses McClure's 217 acre survey corner of Wm. Wallings 100 acre survey, then ... old line of David McClure's 1333-1/3 acre survey beginning corner of Moses McClures 217 acre survey, then with the old line ... then to the beginning, containing 146-1/2 acres more or less, warrant title against the claims of said Nathan Duncan & his heirs and against the claims of said Bedford Duncan & his heirs &c. /s/ Bedford Duncan, Elizabeth (X) Duncan. Wit. Tho. S. Chapman. Ack. before Thomas S. Chapman, Clerk of Union Co. Court on 17 Jan. 1857, recorded 11 April 1857. (FHL film 561,092)
P-401/402: 22 April 1857, N.B. Duncan and his wife Mary Jane to Alexander C. Watson, all of Union Co. KY, for $1 paid, sell tract of land beg. in Wm. F. Holeman's line, then ... one of my corners, then with my line ... the creek in W.F. Holeman's line, then ... to the beginning, containing 23-1/2 acres more or less, warrant title. /s/ Nathan B. (X) Duncan, Mary J. Duncan. They ack. 22 April 1857 before Tho. S. Chapman, Clerk of Union County Court. Recorded 9 May 1857. (FHL film 561,092)
P-470/472: 3 June 1857, Thomas R. Givens and Elizabeth his wife, George Huston and Sallie N. his wife, to Elijah Duncan, all Union Co., for $576, of which $500 is paid, and a note for residue of $76 executed for which a lien is retained, sell parcel of land in Union Co. on waters of Highland Creek and a part of William Robertson's 666-2/3 acre military survey, beg. in the centre of Long Lick, then ... to a stake in John Duncan's field, then ... to the beginning, containing 100 acres, but the small strip supposed to be 2 acres included by John Duncan's two fields on the road is not to be counted or embraced by said boundary, subject to said reservation, together with appurtenances, warrant title except the small piece aforesaid. /s/ George Huston, Sallie N. Huston, Thos. R. Givens, E.H. Givens. They appeared before Andrew J. Chapman, Deputy for Thomas S. Chapman, Clerk of Union Co. Court, 3 June 1857. (FHL film 561,092)
P-472/474: 3 June 1857, Thomas R. Givens and Elizabeth his wife, George Huston and Sallie N. his wife, to William Duncan of Henderson Co., for $2037, of which $700 is paid, and the residue secured by 3 notes, for which a lien is retained, sell parcel of land in Union Co. on waters of Highland Creek and a part of William Robertson's two military surveys, beg. at Elijah Duncan's SE corner, then ... Wiley's line, then to an original corner and corner to Washburn Wiley, then with old military line ... to Elijah Duncan's SW corner, then with Elijah Duncan's line to the beginning, containing 291 acres; also for $871, of which $200 paid and residue secured by 3 notes dated April 2, 1857 of $223.66-2/3 each, for which a lien is reserved; have also sold one other tract of land in the immediate neighborhood of the first named tract which is part of 200 acre survey patented to said Robertson, known as the Gibson survey, begin. corner to Washburn Wiley, then to original SW corner of said survey, then ... original line, then ... Wiley's NW corner, then with Wiley's to beginning, containing 134 acres; warrant title. /s/ George Huston, Sallie N. Huston, Thos. R. Givens, E.H. Givens. They appeared before Andrew J. Chapman, Deputy for Thomas S. Chapman, Clerk of Union Co. Court, 3 June 1857. Sideways note: The notes for the two tracts of land conveyed by this deed have all been paid in full & the land is hereby released. /s/ Tho. R. Givens, Geo. Huston. Wit. Thos. S. Chapman. (no recording date) (FHL film 561,092)
P-495/496: 1 June 1857, Alexander C. Watson and Ava Watson his wife to Nathan B. Duncan, both of Union Co. KY, for $50 paid, sell parcel of land that I purchased of Wm. S. Holeman, lying SE of James McClendon and NE of John Stone and W of John Duncan, S of Henry Stone, supposed to be 26 acres more or less, with appurtenances, warrant title. /s/ Alexander (X) C. Watson, Ava (X) Watson. Ack. 1 June 1857, recorded 15 June 1857. (FHL film 561,092)
Deeds, v. Q-R 1857-1860 (FHL film 561,093)
Q-234/235: 1 Jan. 1858, Thomas S. Chapman, Clerk of Union Co. Court, to Harvey Duncan, per order of Union Co. Court at Jan. term 1858, bind to said Harvey Duncan of said county and state, Eli Margelum, born (blank) day of May 1848, from this date until he arrives at age of 21 years, Eli Margelum serve his master ... apprentice, and Harvey Duncan shall teach and instruct him in difficult branches of art and trade of farming and furnish him with meat, drink, lodging and apparel suitable for an apprentice, the boy to be taught to read and write the English language and arithmetic including the rule of three, and at the expiration of his apprenticeship to give him a suit of good new clothes. /s/ Harvey Duncan, Tho. S. Chapman. 1 Jan. 1858, ack. and recorded. (FHL film 561,093)
R-103/104: 27 Dec. 1858, Charles Anderson of Cincinnati, Ohio, to Bedford Duncan of Union Co. KY, for $1765, 1/3 part paid and remaining 2/3 secured by 3 equal annual notes with interest from date on 24 Dec. 1859, 1860 and 1861, sell all that parcel of land on waters of Highland Creek in Union Co. KY, being part of survey in the VA Mil. District Cont. Line No.740 patented to George F. Norton Assee &c, beg. in Gilchrist's line & corner to Moses B. Caton, then ... Short's line, then ... Robert Anderson's line corner to B. Higginson, then ... Watson's line, to the beginning, containing by survey 353 acres, warrant title, reserving a lien until all the above payments are fully made, with Eliza Jane Anderson his wife who hereby relinquishes right of dower. /s/ Charles Anderson, E.J. Anderson. They appeared 29 Dec. 1858 before Samuel T. Carpenter, Commissioner of Deeds for State of KY appointed by Governor thereof for State of Ohio, in City of Cincinati, County of Hamilto, State of Ohio; recorded 11 Jan. 1859 Union Co. KY. (FHL film 561,093)
R-369/370: 20 Aug. 1859, Burwell Whitlege of Union Co. KY to William Duncan as trustee of Mrs. Lucy C?. Whitlege wife of said Burwell Whitlege of afsd, that Burwell Whitlege is owner of 3 tracts of land on waters of Highland creek, all adjoining, one for 140 acres conveyed to sd. Whitlege by Rosana Tapp? & others, one other of 92 acre and one of 9 acres 2 roods & 9 poles, the two last was conveyed to Whitlege by William M. Anderson; the said Whitlege has this day sold to Alexander Clayton 150 acres leaving a ballance of 81 acres, NOW for $1 paid and for providing for comfort & support of his wife the said Lucy C. Whitlege, convey to said William Duncan as trustee for her use & benefit the residue of said tracts during her life, and in case she ever obtains a divorce from me, then during her single life, and after her death or marriage the same is to revert back to said Burwell Whitlege or his heirs; Burwell Whitlege conveys to said William Duncan as trustee for the sole use of Lucy C. Whitlege, articles of personal property, one yellow mare about 18 years old, all the stock of hogs Whitlege now owns, 1/2 said Whitlege's present growing crop of corn, all the present stock of cattle now owned by said Whitlege, also all the household and kitchen furniture now on hand except one beadstead & furniture which Whitlege reserves, also he reserves one bureau which he designs his daughter Amelia to have, one stack of hay to be selected by said Duncan, one woman's saddle, 10 bushels wheat, one plough and one pair jur?, William Duncan to hold this for the sole use of said Lucy C. Whitlege. /s/ Burwell (X) Whitlege. Wit. Hiram McElroy. Ack. 20 Aug. 1859, recorded 23 Aug. 1859. (FHL film 561,093)
Deeds, v. S-T 1859-1864 (FHL film 561,094)
S-76: Deed for Lot in Ark. Lodge Cemetery, I.O.F. Caseyville, KY. 28 Feb. 1860, Know all men ... we, John H. Gregory, John M. Tate, E.J. Ferrell, John Cartmell and H.M. Riddle, trustees of Ark Lodge Cemetery, I.O.O.F., Caseyville, KY, to Harvey Duncan, for $10 paid, sell lot or parcel of ground in the Cemetery, Lot No.353, warrant title to said lot. /s/ H.M. Riddle, Jno. H. Gregory, J.M. Tate, E.J. Ferrell, John Cartmell. Ack. 28 Feb. 1860, recorded 16 April 1860. (FHL film 561,094)
S-76/77: 21 March 1860, Peter Casey and Alloway his wife and N.H. Casey and Eliza M. his wife by their attorney in fact Peter Casey, to Harvey Duncan, all of Union Co. KY, sell parcel of ground known as Lot No.79 in Casey's Addition to town of Caseyville, being 120 feet square, for $90 paid, warrant title. /s/ Peter Casey, Alloway Casey, N.H. Casey by attorney Peter Casey, E.M. Casey by her attorney Peter Casey. They appeared 21 March 1860. Recorded 16 April 1860. (FHL 561,094; SLC 4/6/2012 and 9/10/2012)
S-408/409: 14 March 1861, Absolem Duncan and Elizabeth Duncan of Webster Co. KY to Nathan T. Duncan of Union Co. KY, for $200, all paid except $36, sell parcel of land in Union Co. KY on waters of Caldwell's Creek, a branch of Highland, containing 150 acres, being the tract of land patented to James L. McClendon who conveyed to William F. Holeman and sold by George Parker late Sheriff of Union Co. as the property of said Holeman per execution from Union Circuit Court in favor of John Jenkins Admin. of Willifred Jenkins decd, and the said Absalom Duncan became purchaser and Sheriff conveyed it to Absalom by deed 23 Sept. 1856, warrant title. /s/ Absalom (X) Duncan, Elizabeth (X) Duncan. Ack. in Union Co. KY 14 March 1861. (FHL film 561,094)
S-409/410: 14 March 1861, Nathan T. Duncan and Manerva A. Duncan his wife of Union Co. KY to James Ford of afsd, for $225.50, $50 paid, the remainder unpaid and a lien reserved, sell in fee simple tract of land in afsd on Caldwells Creek, branch of Highland, being part of tract patented to James L. McClendon who conveyed to W.F. Holeman and by the Sheriff of Union Co. to Absalom Duncan and by him to Nathan T. Duncan, beg. in the road from Morganfield to Madisonville, then corner to James Pritchett, then ... to (too dark) ... then to the beginning, containing 45 acres and 16 poles, subject to the payment of the rest of the purchase money. /s/ Nathan T. (X) Duncan, M.A. Duncan. They ack. deed 14 March 1861. (FHL film 561,094)
S-537/538: 8 Nov. 1861, Harvey Duncan and wife Mary E. Duncan to Melvira Carroll, all Union Co. KY, sell lot 79 in Casey's enlargement or addition to town of Caseyville, and all the appurtenances, for $550, warrant title. /s/ H. Duncan, Mary E. Duncan. They ack. deed Nov. 26, 1861, recorded 6 Jan. 1862. (FHL film 561,094)
T-128/130: 1 Nov. 1861, Robert Brown, Stephen Fenwick and Absalom Duncan, Commissioners, to William Duncan Junior, that a Circuit Court of Henderson Co. KY on 10 July 1861 in the Petition Exparte in equity of William Duncan junior and others, heirs of John Duncan decd, they were appointed commissioners to partition and allot the lands of said John Duncan decd. among his heirs named in the decree, of whom William Duncan junior is one, and make conveyance of the same, Surveyor of Henderson Co. 1st Monday Sept. 1860, at Circuit Court 12 June 1861 ordered the commissioners be allowed further time and go on the land 24 June 1861, and they did on 24 June 1861 and several days thereafter to partition and allot the land, and they set apart to said William Duncan junior all of the parcel of land in Union Co. on waters of Highland creek, beg. corner to Fowler, then ... William Moore's line, then ... Isaac Gibson's line, then to the beginning, containing 141-3/4 acres and 33 poles. Also all the parcel of land in afsd on waters of Caldwell's Creek, beg. in John Duncan's line, then ... to James S. McLendon's survey, then ... corner to McLendon's, then ... to the beginning, containing 67-3/4 acres and 25 poles, being the two tracts designated in their report as lot No.6. NOW, they convey to William Duncan junior the two tracts of land, with appurtenances, and on behalf of Elizabeth Dixon, Ann Duncan, Elijah C. Duncan, Susan Pritchett and Robert Duncan who are the other heirs named in the decree, they warrant title. /s/ Stephen Fenwick, Absalom (X) Duncan, Commissioners. They ack. deed 10 Dec. 1861 in Henderson Co. KY. Recorded 4 Dec. 1862 in Union Co. KY. (FHL film 561,094)
T-130/131: 5 Jan. 1861, Henry Stone of Webster Co. KY to the children and heirs of John Duncan decd, late of Marshall Co. KY, that is, Elizabeth Dixon late Duncan, wife of John Dixon, William P. Duncan, Robert Duncan, Susan Pritchett late Duncan, wife of John Pritchett Jr., Ann Eliza Duncan and Elijah C. Duncan, THAT in the lifetime of John Duncan decd, some time in the year 1856, the party of first part for $100 fully paid sold to John Duncan a parcel of land in Union Co. KY on waters of Highland Creek containing 61 acres, beg. at John Duncan's line, then ... corner to Duncan, then ... corner to James L. McClenden's survey, then ... another of McClenden's lines, then... to the beginning, being the tract granted to party of first part by patent 5 Dec. 1854, and the sale to John Duncan decd. was evidenced only by assignment endorsed on the original patent which is now lost, NOW the party of the first part sells the tract of land afsd to the parties of the second part with all appurtenances. /s/ Henry (X) Stone. Ack. 5 Jan. 1861 in Henderson Co. KY. Recorded Union Co. KY 4 Dec. 1862. (FHL film 561,094)
T-331/332: 6 Oct. 1863, Harvey Duncan and Melvina Carrell by Thomas S. Chapman as commissioner of Union Circuit Court in the suit Will S. Pierson against Harvey Duncan & Melvina Carrell, to John Carrell of town of Caseyville in Union Co. KY, THAT at the April term 1863 of Union Circuit Court decreed the commissioner to sell a lot of land known as Lot No.79 in Casey's Addition to town of Caseyville, conveyed by Peter & N.W. Casey to Duncan and by Duncan to Melvina Carroll, the commissioners sold the Lot 79 on 6 July 1863 at auction and John Carroll purchased it for $285.65, being the amount of Pierson's debt, interests & cost, which he paid to Will S. Pierson to perfect the title in said John Carroll, NOW for $1 paid, the convey to party of second part said Lot No.79. /s/ Tho. S. Chapman, Comr., on behalf of parties of first part. Ack. 6 Oct. 1863, recorded 10 Feb. 1864. (FHL film 561,094)
T-376/377: 10 March 1864, Emily Duncan of Henderson Co. KY to Isham Cottingham of afsd, for $500 by promisory note 13 Feb. 1864 due 1 June next, sell her undivided interest in the estate of Alexander Leach who lately died in Union Co. KY of whatever it may consist, among which are 2 tracts of land in Union Co. on waters of Highland and Andersons Creeks adj. each other, one contains 130 acres conveyed to said Alex Leach by N.F. Powell & wife & W.A. Walton, the other by Wm. M. Anderson by deeds recorded in Union Co., the first in Deed Book H pg.54, the second in Book R pg.119, also a negro man called Henry about 54 years old and the debts if any due said Alexander or his heirs, and Emily Duncan will warrant the right and title to her undivided sixth part of Alexander Leache's estate. /s/ Emily (X) Duncan. Wit. J.W. Waggener, D.C. Emily Duncan ack. deed 19 March 1864 before H.W. Waggener, Clerk of Union Co. Court, /s/ H.W. Waggener Clerk, by J.M. Waggener, D.C. (FHL film 561,094)
Deeds, v. U 1863-1866 (FHL film 561,095)
U-437/439: 18 April 1864, William Duncan and John Duncan, children of Mary Jane Duncan late Holeman & N.B. Duncan her husband, Elizabeth McClendon & James L. McClendon her husband, Louisa Moss & John Moss her husband, children and heirs at law of William F. Holeman decd, by Thomas S. Chapman as Commissioner of Union Circuit Court in the suit of William F. Holeman's creditors against his heirs & creditors of the first part, and Hiram McElroy of the second part; a decree at Nov. term 1860 authorized the commissioner to sell the land known as the Lydia Short farm, sold 7 Jan. 1861 at public outcry when Hiram McElroy purchased it at $651.50 and gave two bonds with J.A. Spalding his surety, bonds have been paid, NOW for $1 convey to party of second part the tract of land which was surveyed, beg. in Peter Garland's line near a meeting house, David Royeters corner, then ... original corner to Peter Garland's survey, then ... corner to Williams, then ... Patrick Hall, then to the beginning, containing 103 acres; the other piece begins near Waggeners fence, then in Wallace's line, then ... to the beginning containing 24-1/2 acres and includes the Raines place, the first boundary includes the Lydia Short place ... /s/ Tho. S. Chapman, Comr. Approved in open court, 21 April 1864. Witnessed 18 May 1864 by David C. James, Clerk of Union Circuit Court. Recorded 1 Dec. 1865. (FHL film 561,095)
Deeds, v. W 1868-1869 (FHL film 561,097)
W-463/464: 24 Oct. 1868, Frances Ford of City of Cincinnati, OH, for $13,000 paid by Sanford Duncan of City of Covington, KY, sell real estate, all that parcel of land in Union Co. KY on waters of Ohio River, beg. on the bank of the Ohio River on the line of the original survey of 2,000 acres purchased by Joshua Morris, then with Morris' line to ... the river with its meanders, containing 264 acres more or less, being the same tract conveyed by T.T. Watson to Francis Ford, together with appurtenances, warrant title. A lien is retained to secure payment of notes: one note executed by Sanford Duncan to Francis Ford for $3,333.33-1/3 due 24 Oct. 1869, one due 24 Oct. 1870 and one due 24 Oct. 1871, all three notes bearing even date, and amounting to sum of $10,000, said notes being part of the purchase money. /s/ Frncis Ford. Wit. James R. Challin, Jos. St.Thornton. James R. Challin, a Commissioner of Deeds, was ack. by Frances Ford, 4 Nov. 1868. 3 July 1864, recorded. (MAD: Covington, Kenton Co. KY) (FHL film 561,097)
W-574/575: 16 Oct. 1868, C.C. Buckman and R.A. Spalding, Commissioners, to Coleman Duncan and Rebecca Duncan devisees of Nancy Duncan, that by order of Union Circuit Court at April term 1868 in the suit in Equity of said Coleman Duncan & other plaintiffs and E.J. Stayton & other defendants appointed commrs to make division and allottment of the land in the order among the heirs of Robt. E. Grandy which they have made, in which division there was alloted and set apart to the parties the parcel of land in Union Co. KY on waters of Lost Creek and Mason Creek, beg. at SW corner of L. Clement's 200 acres, then ... corner of lot No.3 of the 388-1/2 acres, then ... line of Combrine?s lot No.2, then Hiram McElroy's line, then to the beginning, containing 110-1/4 acres and being Lot No.4 of the said 338-1/2 acre tract as divided and numbered by us, NOW convey to the parties of the second part the above land together with appurtenances. /s/ C.C. Buckman, R.A. Spalding. Approved Oct. 17, 1868, Ben P. Cipel? Judge. Ack. 17 Oct. 1868, Recorded 24 Dec. 1869. (FHL film 561,097)
Deeds, v. 58-59 1904-1905 (FHL film 562,140)
58-374: 5 May 1868, R Pindell admr. de bonis non of James Morrison decd, by John M. Waggoner Commissioner of Union Circuit Court, in the case of Jas. Morrisons admr agst Phoebe Dorsey &c of first part and Phoebe Dorsey, late Phoebe Myers, Elizabeth Adams late Elizabeth Myers (wife of Elisha Adams), Nancy Adams late Myers (wife of E.B. Adams), John G. Meyers, William Meyers, Robert M. Meyers, Thos. D. Meyers and F.R. Myers and others, heirs at law of Caroline Meyers decd, who was one of the children & heirs at law of John Grundy decd, and Emily Meys, Jacob F. Meys, Susan B. Brown late Meyers (wife of Jno. B. Brown), Nancy J. McClain late Meyers, Caroline S. Casey late Meyers (wife of Perry Casey), Rebecca A. Russell late Meyers (wife of Jas. Russell) as children and heirs at law of Jacob Myers decd who was one of the children and heirs at law of said Caroline Meyers decd, the said daughter of John Grundy decd and Nancy Duncan late Nancy Grundy who is another daughter of said John Grundy decd (wife of Thomas Duncan), Jane McElroy late Grundy who is another daughter of said John Grundy decd, Mary Jane Weldon and William Weldon children and heirs at law of Mary Jane Rutter who is a child and sole heir at law of Polly Rutter who was a daughter of John Grundy decd, William T. Grundy, Martha Terrill wife of J.H. Terrill, George B. Grundy, Susan M. Grundy, Robert Grundy, Thomas D. Grundy and Samuel A. Grundy, children and heirs at law of George Grundy decd. who was son of John Grundy decd, Margaret K. Johnson late Grundy widow of R.E. Grundy decd. (and wife of (blank) Johnson), Mohala Cambron late Grundy (wife of Z. Cambron), she being another daughter of John Grundy decd, Rosana Jones, Levi Jones, Leonard Jones and Fielding Jones, Henry L. Jones, Martha Ann Lowrey late Jones (wife of Davis Lowrey), Rosana Jones, Robt. W. Jones, John P. Jones & Gabrell C. Jones and all others heirs at law of R.E. Grundy deceased who was only heir at law of William Grundy decd. of the second part, WITNESSETH ... that per decree in above cause by Union Circuit Court at Oct. term 1867 ... Sheriff to convey to defts. tract of land in said decree, and in default thereof said Waggoner as Commissioner directed to make the conveyance, now for $1 paid, the Commissioner conveys to said heirs of R.E. Grundy decd. land in Union Co. KY on Ohio River, ... corner to Alexandra Parkers Military survey, then down the river, to land conveyed by Fielding Jones to Wm. Cockrell, then ... original line, ... to the beginning, containing 300 acres, being the same tract conveyed by Fielding Jones to John Waggoner by said Waggoner to Casey & Finnie and by Casey and Finnie to Wm. R. Ashly and by Ashly to James Higgins. /s/ J.M. Waggoner, Commr. Ack. in Court May 5, 1868. Produced and recorded 8 July 1904. (typed book) (FHL film 562,140)
"Reports of selected civil and criminal cases decided in the Court of Appeals of Kentucky" cases decided at winter term 1866; by W.P.D. Bush, Vol.I; Kentucky Reports, Vol.64, pgs.205 to 207 (California State Law Library, Sacramento, 2/2004)
HUSTON vs. DUNCAN; Court of Appeals of Kentucky; 64 Ky. 205; 1 Bush 205; January 17, 1866, Decided.
Case 57 - Petition Equity - Jan. 17.
APPEAL from Union.
JUDGE ROBERTSON delivered the opinion of the Court.
The opinion hitherto pronounced on the same record, on the appeal as between Holeman's ex'or vs. Holeman's heirs, rules this case dependent on the same facts and principles; and still satisfied with that judgment, we will only add, in support of its principle, the following reason, peculiarly applicable to land.
While the levy on movable property puts the thing in the officer's possession, either actually or constructively, and, consequently, invests him with a special property, a levy on land gives him no such possession, and, consequently, no such title. The death of the owner of the land after the levy, and before a sale, passes the whole title to his heirs, and, without a revivor against them, there is no title subject to sale by the levying officer, who could not, if he sell, pass any title to the purchaser. Such a sale, therefore, must be void.
The judgment recognizing the validity of the sale as between the parties to this appeal is therefore reversed, and the cause remanded for further proceedings, as indicated in the opinion just referred to, between other parties in the same case.
NOTE BY REPORTER. -- See case of Holeman's ex'r vs. Holeman's heirs, post. (MAD: 65 Ky. 514)
"Reports of selected civil and criminal cases decided in the Court of Appeals of Kentucky" cases decided at summer term 1867; by W.P.D. Bush, Vol.II; Kentucky Reports, Vol.65, pgs.514 to 519 (California State Law Library, Sacramento, 2/2004)
HOLEMAN'S ex'r vs. HOLEMAN'S heirs, &c; Court of Appeals of Kentucky; 65 Ky. 514; 2 Bush 514; September 26, 1866, Decided.
Case 1 - Petition Equity - Sept. 26.
APPEAL from Union Circuit Court.
JUDGE HARDIN delivered the opinion of the Court:
On the first day of January, 1855, the sheriff of Union county levied an execution in favor of John Jenkins, administrator of Tilford Jenkins, deceased, against W. F. Holeman and others, for one hundred and twenty-five dollars, with interest from the 20th day of January, 1854, and costs, on a tract of one hundred and fifty acres of land in Union county, belonging to Holeman. The execution was issued upon a judgment, and was such as Holeman had a right to replevy. Said Holeman died on the 20th day of January, 1855, and after an unsuccessful attempt to make sale of the land the sheriff returned the execution with his levy indorsed.
On the 6th day of July, 1855, a venditioni exponas was issued to enforce said levy, under which the sheriff sold the land on the 6th of August, 1855, to Absalom Duncan, for seventy-five dollars.
Hiram McElroy, the executor of W. F. Holeman, deceased, brought his suit in equity on the 19th of October, 1855, against Holeman's heirs and creditors, for a settlement of the estate, making George Huston, a creditor of the estate, a defendant.
The case was referred to a commissioner, who made a report, showing the estate to be largely insolvent, and that Huston was a creditor in the amount of two hundred and thirty dollars and seventeen cents; which report was confirmed. In the meantime the sheriff conveyed the land to the purchaser, Absalom Duncan, who subsequently conveyed it to Nathan T. Duncan, who, and Thomas Ford holding under him, appear to be in possession of the land. The creditor, Huston, by an amended cross-petition, sought to set aside the sheriff's sale to Duncan, and the subsequent conveyances, and to subject the land to the payment of the liabilities of Holeman's estate. The facts of the controversy on this amended cross-petition were embodied in an agreement, and the case was thereupon submitted to the circuit court for decision, which rendered judgment dismissing the amended cross-petition, from which Huston has appealed to this court.
The main, if not the only, question to be considered is, whether the power of the sheriff to enforce his levy by a sale of the land did or not cease by the death of the defendant in the execution -- a question which, so far as we are aware, has not been heretofore directly adjudicated by this court.
In the case, however, of Wagnon vs. McCoy's ex'r (2 Bibb 198), which differed from this only in the fact that the plaintiff, instead of the defendant, had died subsequent to the levy and before the sale, it was decided that the execution abated by the death of the plaintiff, for the apparent reason that the law gave the defendant the privilege "of replevying the debt or demand, without making an exception of the case where the death of the plaintiff shall have happened; and such an inevitable casualty ought not to be allowed to work a wrong to the defendant by depriving him of a right which the law had secured to him."
It is further said in that case, that "it seems to be a principle of the common law authorities, that whilst any act remained to be done by the parties necessary to carry on the suit or perfect the execution of the process, the suit or process would abate by the death of either of the parties."
And in the case of Huey's heirs vs. Redden's heirs et al. (3 Dana 488), in which it appears that, after a fieri facias in favor of Huey and against Redden and Mason had been levied on the property of the defendants, both Huey and Redden died, the court held, that "by the death of Redden the liability survived against Mason, and therefore Redden's death did not abate the execution so far as Mason was concerned, nevertheless the creditor would, in that event alone, have had a right to revive against Redden's representatives so as to increase his security." The court further held in that case, that the death of Huey abated the execution upon the authority of the case of Wagnon vs. McCoy, supra.
By section 2 of article 9 of chapter 36, Revised Statutes, the right to replevy a judgment or execution is conferred on the defendant without any provision for its exercise by another; and his death, therefore, as effectually deprives his estate of the right to replevy the debt as the death of the plaintiff could have done; and upon that ground the reason for abating the process is as strong in the one case as the other. But the law confers other and important rights on the defendant in an execution, to be exercised by him alone, in respect to the sale of his property, as, in the sale of a portion of his land, to designate the part to be sold, or in the sale of personal property, to have a bond taken to himself for an excess of the price of the property sold, or, as provided in section 4 of article 14 of chapter 36, Revised Statutes, he "may, on the day of sale, by writing, direct the property levied on to be sold in any succession he may desire; and he may produce other property, or the title to land in the county not levied on, and, by writing, direct the same to be first sold."
For these and other grave considerations, we are of the opinion that the power of the sheriff to enforce his levy by a sale of the one hundred and fifty acres of land ceased by the death of W. F. Holeman; and, consequently, that the sale and conveyance to Absalom Duncan were void, and should have been so adjudged by the court below.
But we are of opinion that the death of W. F. Holeman did not discharge the lien upon the land created by the levy, and that it still might be enforced in equity as other demands against the estate of Holeman, having a priority of claim, as provided in chapter 37 of the Revised Statutes.
Wherefore, the judgment of the court below is reversed, and the cause remanded for further proceedings consistent with this opinion.
NOTE BY REPORTER. -- The opinion in the case of Huston vs. Duncan (64 Ky. 205, 1 Bush 205) was rendered upon the same record of this case. That opinion involves mainly the same points, and should be examined in connection with the foregoing.
"Report of the Adjutant General of the State of Kentucky" (Union Soldiers), 1861-1866, Vol.II (from John A. Duncan 1995, and FHL film 1,463,600, appendix pages)
Page, Company, Name, Rank, Date enrolled, When and where mustered in, period, when and where mustered out, remarks. Separate groups for Discharged, Transferred, Died, Deserted.
Pg.778, Company B, North Cumberland Battalion: Edwin M. Duncan, Private, enr. Dec. 14, 1864; mustered in Jan. 4, 1865, at Caseyville, [Union Co.] KY, for 1 year; mustered out Aug. 28, 1865, at Henderson, KY.
Fulton Co. KY Deed (FHL film 321,395)
4-49/50: Whereas William Pichett by power of attorney from Alexander C. Watson and John Watson to prosecute a suit or suits in the Hickman Circuit Court to recover their interest as heirs at law of Green B. Watson decd. in his said estate and said Alexander C. Watson did after the execution and delivery of said power of attorney, to wit on the 13th? day of March 1856 sold all his undivided interest in and to the aforesaid estate and the said John Watson did on the 18th day of March 1856 sell also his undivided interest in Green B. Watson's estate to Leroy Russell as will enied? by written agreement now in the hands of Bedford Duncan and said Russell and whereas said Prichett in pursuance of said power of attorney has instituted suit for the recovery of interest in said estate in the Hickman Circuit Court, now therefore know all men by these presents that said William Prichett hereby relinquishes and surenders to said Duncan & Russell by his power and authority under said power of attorney as aforesaid and surenders all right under same for any purpose whatsoever on the following conditions, said Prichett agrees and binds himself to give said Duncan and Russell all information or papers he has in relation to said estate and by advice or otherwise when nesary? and said parties in the prosecution of said suit in consideration whereof said Duncan & Russell agree and bind themselves if successful in recovering the interest aforesaid to pay said Pirchett an amount equal to one third value of the property which may be recovered the value of said one third fixed by disinterested friends of said Parties chosen by themselves said Duncan & Russell and to prosecute said suit hereafter in their own names and prosecute same with vigilance and as much dispatch as possible when terminated to pay said William Pirchett for his services already rendered and to be under one third value of which? my? (any?) recovered it is expressly understood if nothing is recovered said Pirchett is to receive nothing for his services for which said Pirchett binds himself not to interfere in the prosecution of said suit then to and with any information he may possess said Duncan & Russell it is further agreed that each of said parties is to pay one third of any and all lawyers fees and other expenses and? pay to a successful termination of said suit. In witness whereof we have hereto put our hands and seals this 28th day of October 1856. /s/ W.M. Pritchett, Leroy Russell, Bedford Duncan. William Pritcheet, Leroy Russell and Bedford Duncan appeared before Thomas S. Chapman, Clerk of the Circuit Court of Union Co. and produced the instrument, 28 October 1856, /s/ Thos. S. Chapman, Clerk. Certification by G.S. Morris, Clerk of the Fulton County Court, certify the instrument of writing and certificates have been duly recorded in his office, 1 Nov. 1856. (FHL film 321,395; spelling varies)
Henderson Co. KY Deeds
G-26: 8 Feb. 1832, William Booth & wife Lucinda to Nathan Duncan, both Henderson Co. KY, $155, 146 acres Highland Creek adj. line of Moses McClure's 217 acre survey, corner William Waller's 100 acre survey, old line of David McClure. No wit. (FHL film 572,575)
O-462: Whereas on 16 Oct. 1823, Union Co. circuit court ordered that of the estate of Alexander Spotswood, George W. Spotswood, William Spotswood, Bushrod Washington Jr. and wife Henryetta late Spotswood, (blank) Taliaferro and wife Ann W.B. late Spotswood, Martha Ann Spotswood and other unknown heirs of Alexander Spotswood decd, and George Spotswood and William Spotswood exec. of estate of Alexander Spotswood decd; and Philip H. Jones late of "your" bailiwick; you cause to be (collected) $1000 which lately in Union Co. was decreed to Edmund Rice, James Rice, William McCormack & wife Mary, Nathaniel Cowan and wife Sally, Sally Ann Rice and John Rice as heirs of John Rice decd, and Clement Buckman for debt; to satisfy debt a tract of land in Henderson Co. on Highland Creek patented in name of Fountain Maury be sold; the highest bidder on 11 Nov. 1823 was William Grundy for $5; Grundy died leaving Robert E. Grundy his sole heir at law; Robert likewise died intestate without issue, leaving widow, uncles and aunts and their descendants and his grandmother his heirs at law; this indenture 2 April from present sheriff of Henderson Co. to (1) Margaret K. Johnson, widow of Robert E. Grundy but who has since intermarried with (blank) Johnson; (2) the following heirs of Caroline Myers who was sister of William Grundy: Pheby Dorsey, Elizabeth Adams, Nancy Adams, John G. Myers, William Myers, Robert M. Myers, Thos. D. Myers, F.R. Myers; and following grandchildren of Caroline Myers by her son Jacob Myers deceased: Emeline Myers, Jacob F. Myers, Susan E. Brown, Mary Jane McClain, Caroline S. Casey, Rebecca A. Russell; (3) Nancy Duncan another sister of William Grundy decd; (4) Jane McElroy another sister of said William Grundy decd; (5) the grandchildren of Polly Rutter another sister of William Grundy by her deceased daughter Mary Jane Welden: Eliza Jane Welden, William Welden, and the other unknown heirs of Mary Jane Welden; (6) the following: the widow and heirs of George Grundy deceased another brother of William Grundy, to wit, Mary H.S. Grundy, William F. Grundy, Martha Terrell, George B. Grundy, Susan M. Grundy, Robert Grundy, Thomas D. Grundy, Samuel H. Grundy; (7) Mehala Cambron another sister of William Grundy decd; (8) Rosanna Jones, maternal grandmother of Robert E. Grundy; (9) the following maternal uncles, aunts and their descendants of said Robert E. Grundy: Levi Jones (10) Leonard Jones (11) Fielding Jones (12) Henry L. Jones (13) Mary Ann Lowry (14) the children and heirs of Laban Jones, to wit, Rosanna Jones, Robert W. Jones, John P. Jones and Gabriel C. Jones; (15) the unknown heirs of John Jones decd; deed for land on Highland Creek patented in name of Fountain Maury? (MAD: acreage or better description never given). 2 April 1853. (FHL film 572,579; numbers appear in original deed) (MAD: see Nancy Grundy mar. Thomas Jefferson Duncan 1/12/1808 Nelson Co. KY)
P-353: 22 Aug. 1854, Martha Duncan to William Duncan, both Union Co. KY, $100, her interest in 146 acres on Highland Creek from Wm. Booth and wife to Nathan Duncan, see deed book G page 26 in Henderson Co.; her interest being a life estate; Henderson Co. chancery court suit in her name against Nathan Duncan. (FHL film 572,579)
P-353: 1 Sept. 1854, Nathan B. (X) Duncan of Union Co. KY to Bedford Duncan of Henderson Co. KY, $30, his undivided interest in 146 acres on Highland Creek, Deed G-26. (FHL film 572,579)
Q-99: 16 Nov. 1854, Leroy Russell and Bedford Duncan and wife Elizabeth Duncan to John Duncan, all of Henderson and Union Cos. KY, $900, 90 acres on bank of Highland Creek, adj. Randolph's line, which is on E bank of the Creek & in Dr. Young's line; no wit. Duncans appeared in Henderson Co. 16 June 1855; Leroy Russell ack. deed 2 Dec. 1855. (FHL film 572,580)
R-286: That on 8 June 1856 John (X) Duncan gave William Duncan power of attorney to settle business in Henderson and Union Cos. which has been satisfactory, release of power of attorney 27 Feb. 1857 by John D. Duncan. Wit. Eliga (sic) Duncan, Abaslam (sic) (X) Duncan. Reg. on oath of Elijah and Absalom Duncan. (FHL film 572,580)
"History of Union County, Kentucky : a complete account of the settlement, organization, and government of the county, together with facts and figures concerning the society, professions, commerce, industries, agriculture, coal, railroads, education, religion, and other institutions and resources of the county, and biographical sketches of its leading citizens" by Wm H Newman, M J Clements, G W Cambron; pub. Evansville, Ind.: Courier Co., 1886, 904 pgs. (LH13593, HeritageQuest images 5/2007; FHL book 976.9885 H2h and fiche 6,049,698 and film 361,886)
Pg.504: Morganfield Precinct. McClure's Chapel of the Morganfield Circuit was organized in 1843. ... The pastors for the Morganfield Circuit, since its organization, were: ... Peter Duncan.
Pg.853: REV. PETERSON WALL ... born in Henderson County December 12, 1812, ... (MAD: parents given, not copied) On August 24, 1835, Mr. Wall was authorized by the County Court to solemnize matrimony, ... Since then the record of his marriages has been very large, but that part of it from 1835 to 1865 is made up from his memory and amounts to as many as two hundred and forty couples for that period. In 1865 he began keeping a record, and since then ... Mr. Wall married Sarah Alexander Sale, daughter of William and Lavina (Duncan) Sale, in Union County, November 15, 1837. Mrs. Wall's father, a farmer of Union County, was born in Caroline County, Virginia, March 31, 1771, married in Virginia April 18, 1800; came to Union 1828; died here January 12, 1861, having served in the War of 1812 as Captain. Mrs. Wall's mother was born in Amherst County, Va., April 30, 1780, and died in Union County March 24, 1858. Her paternal grandparents were Thomas and Clara (Sanders) Sale. Mrs. Wall was born in Nelson County, Va., December 30, 1816; died in Union June 25, 1880, the mother of ten children, viz: Louis A., Wm. B., and Peter, all of whom were in the Confederate army; Mary L., Mobley, Sarah Virginia, Davenport, Frances E., Howell and Juliet C. ...
1893 "Pictorial and Genealogical Record of Greene Co. MO" by Goodspeed (from Georgia Helderlein 2/1993; and extracts from index cards of Kit Smith 8/1983; HeritageQuest image 2/20/2007, Local History Reel/Fiche Number 10647)
Pg.42: JAMES H. DUNCAN. Among the noted & representative men of flourishing city of Springfield, MO, is J.H. Duncan, the present prosecuting attorney of Greene Co. ... He came originally from the Blue Grass State, born in Georgetown, Scott Co., Jan. 8, 1854, and is a son of Harvey and Mary E. (Bowden) Duncan. The father was also a native of KY, born in Madison Co., and is of Scotch-Irish descent, his ancestors emigrating to this country at an early date. For many years the father made his home in Springfield but later moved to Canton [Fulton Co.], IL, where he resides at present. Mrs. Duncan was a sister of Ex-Judge James H. Bowden of KY; she died in 1862. Of the 5 children born to this couple, only two besides our subject are now living: Prof. S.P. Duncan, resident of Coldwater KS and probate judge of his county, a prominent attorney of his city; and Mrs. Allie B. Gardener, wife of J.B. Gardener, resides in Canton, IL. The early recollections of our subject were of his native State, but when the war broke out, he moved with his parents to Evansville, Ind., from there to Canton, Ill., in 1866, where he remained for five or six years. He was educated in the Evansville and Canton high schools, and also attended the McGree College in Macon County, Mo., thus securing good educational advantages. After leaving school he became a teacher and while thus occupied he took up the study of law; later he entered the law office of Cravens & Bray and was admitted to the bar in 1876. ... Cumberland Presbyterian Church; home is presided over by his chosen companion, formerly Miss Levie A. Carson, a native of St.Louis and dau. of Henry S. Carson of Springfield; three children: Henry H., Harvey L. and Paul B. Mrs. Duncan holds membership in the Baptist Church ... (MAD: 1860 Union Co. KY census)
"American Biography, a New Cyclopedia" (spine title: "Encyclopedia of American Biography") Old Series, pub. by American Historical Society (FHL book 973 D36e; index on FHL film 1,425,550)
Vol.21, 1925, pg.415, contains a biography of Marion DUNCAN of Henderson Co., KY, born Union Co. KY Dec. 6, 1835, son of Nathan and Martha (Tyree) Duncan, died Henderson Co. KY May 20, 1918, age 80. Pg.416-8 contains a biography of Dr. Cyrus Graham who married Fannie Duncan, the adopted daughter of Marion Duncan and Juliet Mullin.
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