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Duncan research files of
Mary Ann (Duncan) Dobson
the Genealogy Bug

Last revised January 4, 2007

RUTHERFORD CO. NC
Formed 1779 from Burke, Tryon
Buncombe formed 1791 from Burke, Rutherford
Cleveland formed 1841 from Rutherford, Lincoln
McDowell formed 1842 from Burke, Rutherford
Polk formed 1847 from Henderson, Rutherford
 

CENSUS RECORDS

1790 Rutherford Co. NC Census
Pg.116  Dunkin, Wm.             122xx   2nd Company
   120  Duncan, David           111xx   13th Company

1800 Rutherford Co. NC Census (semi-alphabetic)
Pg.107  Elijah Duncan           10010         - 13010
          (MAD: ? 1790 Lincoln Co. NC census)
   108  William Duncan          12001         - 20110

1810 Rutherford Co. NC Census
      No Duncan indexed

1820 Rutherford Co. NC Census
Pg.374  Duncan, Hyram           100110        - 20100
          (MAD: Hiram Duncan mar. Olive Hill 1/6/1814
           per Charles & Katharine Hilles Bible record;
           Wm. Dunkin mar. (blank) per bond 1/1/1814 by
           Hiram Dunkin and Joseph Hunter, from several sources)

1830 Rutherford Co. NC Census
Pg.448  William Dunken          0120,001      - 2100,01
        Hiram Dunken            0011,0100,1   - 3121,01
          (MAD: Charles Hill age 60-70 w/Hiram age 30-40)
        No Forrester Callahan

1840 Rutherford Co. NC Census
Pg.315  H. Duncan               3100,001      - 0123,101
          (MAD: Hiram; 1850 Henderson Co. NC census)
   339  Chas. Duncan            2000,2        - 1000,1
          (MAD: 1850 McDowell Co. NC census;
           mar. Sally Whitesides 1/19/1837)
   340  Wm. Duncan              0000,0000,1   - 0021,001
        (MAD: 1850 McDowell Co. NC census)
        Harriss Duncan          1000,1        - 0000,1
        Hes. Duncan             0000,1        - 0000,01
        Jno. Duncan             0000,1        - 1001,001

1850 Rutherford Co. NC Census
Pg.280, #707, Hezekiah DUNCAN (m) 35 NC (none)
                  Nancy 37 NC
                  Micajah 8, John 5 NC
 

1860 Rutherford Co. NC Census
(page number in parentheses is stamped page number)
Pg.668 (334), #859-859, John DUCAN 45 NC day laborer $0-$800
                  Martha 38 NC
                  Arminte (f) 30 NC
                  Jane 18, Emily 15, Rachel 13 NC
                  Grason? (George?) (m) 12, Margaret 9 NC
                  Almina 6, John 3/12 NC
                  Rebecca SMITH 70 NC
 

1870 Rutherford Co. NC Census
Morgan Twp.
Pg.137, #101-102, DUNCAN, John 34 NC farming $0-$0
                  Nancy L.J. 25 NC
                  Leander W. 4, Ellen J. 2 NC
Pg.137, #102-103, KOON, Madison 59 NC farming
                  Marima (f) 55 NC keeping house $750-$500
                  Caroline 34, Joseph J. 18,
                  Columbus 16, Martha J. 14 NC
Pg.137, #103-104, DUNCAN, James 23 NC farming $0-$0
                  Sarah A.R. 21 NC
                  Charles P. 2 NC
Pg.137, #104-105, DUNN, Susan 60 NC keeping house (alone)
 

1880 Rutherford Co. NC Census (partial; HeritageQuest image 12/2006)
Green Hill, pg.13, S.D. 4, E.D. 157
Pg.458A, #117-124, DUNKIN, James, w/m 35 mar. farmer NC NC NC
  Sarah, w/f 34 wife mar. keeping house NC NC NC
  Perror, w/m 14 son single farm laborer NC NC NC
  Ella, w/f 4 dau. single NC NC NC
Morgan Twp., Page 2, S.D. 4, E.D. 166
Pg.562B, #16-16, DUNKIN, Hampton, w/m 75 mar. farmer NC NC NC
  Nancy C., w/f 80 wife mar. keeping house NC NC NC
Pg.562B, #20-20, DUNKIN, Martha, w/f 25 single keeping house NC NC NC
  Robert, Mu/m 6 son single NC NC
  Rachel, Mu/f 4 dau. single NC NC
Morgan Twp. "(No.11)", Page 3, S.D. 4, E.D. 166
Pg.563C, #26-26, DUNKIN, John, w/m 37 mar. farm laborer NC NC NC
  Nancy L.J., w/f 33 wife mar. keeping house NC NC NC
  Leander W., w/m 14 son single farm labor NC NC NC
  Ella I., w/f 12 dau. at home NC NC NC
  Andrew W.C., w/m 11 son at home NC NC NC
  Golden S., w/m 9 son single NC NC NC
      (MAD: "S" like Smith, not L like Leander)
  Julius O?/D?, w/m 7 son single NC NC NC
  Hattie L., w/f 1 dau. single NC NC NC
      (MAD: ? Golden L. Duncan age 29 in 1910 Spartanburg Co. SC census, not found 1900; ? Lee W. Duncan age 27 in 1900 Cherokee Co. SC census; ? (Andrew) Calvin Duncan age 21 in 1900 York Co. SC)
      (MAD: ?? John b.1845 & wife Sarah in 1900 Cherokee Co. SC census?; ?? Nancy b.1845 in 1900 York Co. SC ???)
 

1910 Rutherford Co. NC Census (#186 from image on Ancestry.com 9/2006 and on HeritageQuest 12/2006, #191 from image on HeritageQuest 12/2006 and on Ancestry.com 1/2007)
Part of High Shoal Twp., S.D. 10, E.D. 138, Sheet 15B
Pg.213, #186-243?, DUNCAN, Nancy, head F/W age "64" Wd. 9 ch, 6 living, NC NC NC English (MAD: age 64 plain)
  Otus? (Atus?), son m/w 22 NC NC NC (indexed as Odus)
  Brisco, son m/w 11 NC NC NC
      (MAD: 1900 York Co. SC census)
Pg.213, #191-255, DUNCAN, Cornelius C., head m/w age 51 mar. 24y NC NC NC cotton mill
  Mary J., wife f/w 44 mar. 24y 13 ch, 10 liv NC NC NC
  Docia R., dau. f/w 21 single NC NC NC cotton mill
(Pg.214, sheet 16A)
  Lattie M., son m/w 18 NC NC NC cotton mill
  Lewis?, son m/w 16 NC NC NC cotton mill
  ?? (Charles in 1900), son m/w 14? NC NC NC cotton mill
  ?? (Laura in 1900), dau. f/w 12? NC NC NC cotton mill
  Luther, son m/w 10 single NC NC NC
  Bertie, dau. f/w 8 single NC NC NC
  Gladdis, dau. f/w 3 NC NC NC
  Marcus? (Manus?), son m/w 1-7/12? son NC NC NC
      (MAD: 1900 Yancey Co. NC census; children were Dosia 11, Latte? 9, Louis 8, Charles 6, Laura 5, Luther 3, Lillie 5/12)
 

ESTATE RECORDS

Rutherford Co. NC Wills (FHL film 428,321)
      B-33: October 1794 court: Know all men by these presents that I, John Bridges of York Co. SC, do bargain, will and deliver unto William Camp and Jas. Duncan (tight binding) of Rutherford Co. NC, certain negro man named George and also one bright bay ??, feather bed, etc.; to the said William Camp & James Duncan in partnership; without meaning fraud or ?? to any heir at law or creditor but under full consideration of the said William Camp & James Duncan being my security in two suits at law which consist between me and Michael Hogan and their taking upon themselves to act for me as my attorney to ask, demand, sue for ... receive all bonds, bill of debt and bank accounts that are due unto me the said John Bridges ... Wit. Jos. Camp, Pirhus? Camp jurat. (FHL film 428,321) (MAD: this document has been abstracted as "Jno." Duncan in error)
      B-99: Oct. 1798 court: John Bridges, of York Co. SC for divers good causes, have made, ordain, authorized and appointed Wm. Camp & James Duncan of Rutherford Co. NC my true and lawfull attorney for me and in my name, and to my use, to ask, demand, sue, and receive all debts, dues, bonds, bills, and book accounts from my debtors that stand indebted to me in North & South Carolina. Wit. Jo. Camp, Abishai Camp. /s/ John (X) Bridges. 24 Nov. 1792. (FHL film 428,321 and "Rutherford Co. NC Wills & Misc. Records 1783-1868" by James E. Wooley and "Rutherford Co. NC Abstract of Wills 1779-1822" by Caroline H. Davis) (MAD: Perhaps this Camp family related to the John Camp in "Spartanburg Co. SC Minutes of County Court 1785-1799" by Brent H. Holcomb, on pg.85, court on 16 Dec. 1788, John Camp against John Chism, ordering that a Dedimus Potestatum issue to Rutherford Co. NC to examine John Camp, Thomas Camp, Susannah Camp, Reubin Hill & Sarah Camp on the part and behalf of the said Plaintiff, he being also required to give the defendant 10 days notice of the time and place of examination.)
      D-132: Will of Charles Hills, of Rutherford Co. NC, 3 May 1830; to my son in law Hiram Dunkin all my land 200 acres in the State & Co. aforesaid on Mountain Creek with all the appertenances to my son in law Hiram Dunkin, his heirs & assigns forever, because he has agreed to be at all trouble and expense with me and my wife as long as we live, which he is to do in a decent and right manner. Also I give $50 in trade to my dau. Rachel Hills and all the residue I give an equal part to all four of my children, viz, Susannah Gregory, Olive Dunkin, William Hills and Rachel Hills; appoint Hiram Dunkin and William Hills execs; wit. Isaac Robson, jurat, Wm. Hall, John Hall, jurat. Prob. Sept. Court 1830. (FHL film 428,321)

Rutherford Co. NC Deeds (Grantee indexes on FHL film 427,290; grantors on FHL film 427,279)
      Next grantee deed 1886; copied grantors to 1831
      E/I-302: #854 14 July 1791, Robert Duncan, heir of John Duncan of Orange Co. NC, to Adlai Osburn of Iredell Co. NC, £50, 300 acres in Rutherford Co. on both sides of First Broad and Knobb Creek, incl. improvement made by Chetwood; land was granted to John Kirkonnell by patent Feb. 23, 1775, afterwards sold by John Hampton of Rutherford Co. to Peter Johnston by deed Jan. 1, 1788, devised by said Peter Johnston by will to John Duncan and descending to his heir Robert Duncan. Wit. Wm. Sharp, James English. (FHL film 19,912) (MAD: see Lincoln Co. NC Deed; See Tyron/Lincoln Co. 1786 will of Peter Johnson, Orange Co. estate of John Duncan administered by his brother Robert Duncan; Mecklenburg Co. NC deed 13-137, 1786, William Jackson Jr. of Orange Co. to Peter Johnston of Rutherford, was for 552 acres, witnessed by John Duncan, proved in Orange Co. NC by John Duncan at April 1787 court)
      E/I-410: 10 April 1775, Peter Duncan (signed) of Tryon Co. NC to Samson Johnston, £75, 300 acres in Tryon Co. NC on Second Brood River, Samuel Givens line, John McNit. Alexanders line. Wit. Elias Morgin, Jesse (x) Dunkan, Polly (x) Duncan. Rec. 11 Aug. 1792. (FHL film 19,912)
      J/L-8: 9 April 1791, Peter Johnston by bond engaged to John McKinney to make him a deed, and by death being prevented from doing so, but by last will made John Duncan his heir and sole executor who also died before fulfillment, now Robert Duncan the heir and admr. of said John Duncan, decd, becomes performer of said obligation. Robert Duncan of Orange Co. NC deeds to John McKinney Senr of Rutherford Co. NC, £100, 400 acres in Rutherford Co. on branch of Cathey's Creek, incl. Pyles improvements. Land was granted to Andrew Neel by pat. 2 March 1775, and by Neel to John Kirkconnel (sic) by deed; exposed to public sale by Jonathan Hampton sheriff 24 Apr. 179-, Wit. John Roberts, George McKinney. (FHL film 19,912; Book J/L)
      J/L-89: 24 April 1790, John Duncan exec. of Peter Johnston decd, of Rutherford Co. NC, planter, to Jonas Bedford Junr, £45, 300 acre grant to Christopher Walbert 17--, on both sides of Cave Creek, a branch of Wash (Wards?) Creek of first Little Broad River. No wit. Rec. 3 Dec. 1793, Jonathan Hampton jurat. (FHL film 19,912)
      J/L-222: 6 Aug. 1793, Robert Duncan of Orange Co. NC to Joseph Carpenter of Rutherford Co. NC, £35, 300 acres on both sides Knob Creek of First Broad River, adj. Joseph Carpenter (formerly England's corner), James Adams line, Peter Peeler's corner, being a grant to Peter Johnston by patent 25 Feb. 1775, v.147 of record. Wit. Samuel Carpenter, John (X) Higton. Rec. 21 July 1794. (FHL film 19,912) (MAD: did not mention John Duncan in this deed)
      J/L-341: 8 July 1793, Robert Duncan of Orange Co. NC to James Palley of Rutherford Co. NC, £50, 338 acres both sides of Knob Creek of First Broad River, James Palley's line, Chitwoods corner, grant to John Kirkendall by patent 28 Feb. 1775 and conveyed to Peter Johnston by sheriff by deed 1 Jan. 1788, Peter Johnston willed to John Duncan decd and to Robert Duncan his heir of record. Wit. Thomas Boyd, Benjamin (x) Willis. (FHL film 19,912)
      4/6-115: Whereas Peter Johnston of Rutherford Co. NC sold a tract of land to Aron Deving of said Co, said Peter and Aron given their bonds to each other, but death of Peter prevented fulfillment, and John Duncan whom said Peter had appointed his sole executor likewise died, Robert Duncan the heir and admr. of John Duncan aforesaid authorized ... 18 Feb. 1795, Robert Duncan of Orange Co. NC to Aron Deviny of Rutherford Co. NC, £150, 560 acres both sides of first Broad River incl. the mouth of Briants Creek. Wit. Joseph Hodge, Robert Deviny. (FHL film 19,913)
      12/4-148: 9 March 1799, William Killen to Elijah Dunkin, £80, 150 acres on long branch of nobb creek. Wit. William Garner, Ebenezer Newton. (FHL film 19,914)
      12/4-269: 3 Aug. 1793, Robert Duncan of Orange Co. NC to Benjamin Willis of Rutherford Co. NC, £30, 350 acres on branches of Nob Creek of Broad River adj. James Wilssons formerly Joseph Richies corner near Daniel Clyn formerly Joseph Gents line, being grant to Peter Johnston by patent 1775 #289 as of record. Wit. James Wilsson, Joseph G. Wills. (FHL film 19,914) (MAD: did not mention John Duncan in this deed)
      22/23-348: 15 Nov. 1803, Elijah (A) Dunkins of Rutherford Co. NC to John Finley of Lincoln Co. NC, $300, 150 acres on long branch of Nob Creek. Wit. James Wilson, Benjn. Beaver. (FHL film 19,915)
      29/31-431: 5 May 1818, Hiram Duncan of Rutherford Co. NC to Thomas Parker of same, $300, 640 acres, original grant to Peter Duncan the departed father of Mark Duncan who was the departed father of said Hiram Duncan, by patent 16 Nov. 1764, #237, on both sides of Little Broad River, incl. his own improvement. Wit. And. Taylor, John Parker. (FHL film 19,917)
      34-154: 10 June 1822, William Connor, sheriff, to Charles Hill, County Court suit against Hiram Duncan for $39.10, sold land of Hiram Duncan, 100 acres, on both sides of the south fork of Mountain Creek, opposite Hampton's corner, grant by patent to Charles Hill 9 Aug. 1787. (FHL film 19,918)
      37-270: 13 Nov. 1830, Hiram Duncan Esq. to Sarah Rohm, for the estate of Charles Hill decd, $200, 100 acres on both sides of South Fork of Mountain Creek, Hamptons corner, Hiram Duncan as exr of said estate, grant 9 Aug. 1787. Wit. John Hall, James (x) Hall. (FHL film 19,919)

Rutherford Co. NC Deed
      M/Q-302, #1682, 5 Dec. 1795, William Dunn of Franklin Co. GA to John Doran of Rutherford Co. NC, £80, 300 acres by survey on both sides of Hunting Creek of 2nd Broad River near John Callihan's survey, being a grant to said William Dunn by patent 15 July 1774; wit. William Harden, Joseph Dunn; recorded March 31, 1796. (recopied from orig. deed books; FHL film 19,913) (MAD: County Court Records, Jan. 1796, from Louis Boone: Wm. Harder or Hardin? proved a deed from Wm. Dun to John Docan for 300a, 5 Dec. 1795; wanted to know if this were really a Duncan; deed indexed as Dunn to Doran).
 

COURT RECORDS

Rutherford Co. NC Court Records 1779-1798 (FHL film 428,854; from Louis Boone 3/1988)
   1st Book (LB: Book appears to have been burned; several pages missing about 1785.)
      1779: Road to Duncans Creek.
      1784 court, appoint Tho. Whiteside overseer of the Road from Thomas Welsh to the road that starts from Esq. Riggs that ----? to Whitesides place and the inhabitants of Dunkins Cr. and Heaters? Cr. and the inhabitants of Sandy Run -----? Melchers Mill ... ordered to work on said road. (pg.228)
      Oct. 1784 court, Andrew Hampton vs. George Dunkin; Jas? by Default. Jury (named but mostly cannot read) adjuged the plaintiff damages to 30 shillings & costs; the plaintiff appeal. (pg.244)
      July 1785 court, Peter Johnston acknowledges a deed to Wm. Milles for 200a, ordered registered (among records appearing to have been burned).
      Jan. 1786, John Dickin or Dickson, a juror (pg.315)
   Superior Court Minutes, 2nd book, 1781-1786 (no page numbers)
      no Duncan to Oct. 1784; quit
   1796 book
      Jan. 1796, Wm. Harder/Hardin? proved a deed from Wm. Dun to John Docan for 300 acres, 5 Dec. 1795.
      July 1796, James Duncan & others to work on road from 1st Broad River to the state line. (pg.189)
      Oct. 1796, Samuel Ballard moved to Bunscombe Co. NC. (pg.211)
      Jan. 1797, Robert Deving proved a deed from Robert Ducan? to Aaron Deving (Devine? Devany?) for 500 acres (pg.240)

Rutherford Co. NC Misc. Records, 1750-1970 (FHL film 893,722; from Evelyn Sigler 8/1985)
      Pg.68: Jan. 1799, Hiram Duncan, an orphan, aged 8 years last Oct., bound to Wm. Baldridge ... to learn the art and mystery of a shoemaker.
 

MILITARY RECORDS

ELIJAH DUNCAN, Rev. Pension Application S-3309 (FHL film 970,863; from National Archives; extract from Alice Duncan ca 1978)
      Born April 1757 in Fairfax Co. VA; died 14 Dec. 1840 Smith Co. TN. Lived in Caswell Co. NC in 1777. He was a pvt in the Continental Army commanded by Capt. Wilson of 10th Regt., under Co. Lytle, NC. Enlisted in Caswell Co. NC for 3 yrs served 18 mo's himself and the balance of time served by a substitute. Heirs, living in 1840: no widow, Elijah Duncan, Jane Kimbil, Nancy Ban, Catherine Oweing, Abby Davis, Richard Duncan. John Davis of Virginia had the family Bible giving age of Elijah Duncan. Elijah "lived in Caswell Co. NC when he enlisted in 1777, lived in Rutherford Co. NC for some time, thence to Smith Co. TN for about 26 yrs" statement 15 Oct. 1833. Witnesses Jacob Fite, Augustine Robinson, Rev. John J. Bennett, Thomas Terry. Jonathan Fuson adm. of estate.
      Click here for more from the pension application file.
 

Index to War of 1812 Pension Applications and Bounty Land Warrant Applications; National Archives Film (FHL film 840,458)
      Dunkin, Hiram, widow Olive; WO 1244, WC 1552; BL 28241-80-50, 25480-80-55; Private Capt. Frost's Co. NC Mil. 2/1/1814 to 8/8/1814; Residence of soldier 1851, 1855 Henderson Co. NC; residence of widow 1869, 1871, Henderson Co. NC, P.O. Hendersonville; Maiden name of widow Olive Hill, m. Jan. 6, 1814, Mountain Creek NC [Rutherford? Co.]; soldier d. July 14, 1867, Henderson Co. NC; Remarks: orig. ctf. of disch. in brief.
      The pension file has been transcribed, along with the Bible record of Hiram Duncan and wife Olive Hill, and is posted on the website of K. Summers, under Henderson Co. Genealogy - Pensions.
      http://www.ksummers.com
 

TN Confederate Pension Applications from index (FHL film 969,779)
      #5975, J.M. Duncan, filed Jan. 27, 1904, accepted; applicant J.M. Duncan, native of NC, now res. Knoxville, Knox Co. TN; was in Co.H 2nd Engineer Troop; wounded at Manass (2nd) Aug. 30, 1862, and also May 1864 at Petersburg, VA; born Rutherford Co. NC, Oct. 24, 1836; enlisted April 1861, Col. Jenkins afterwards General, Capt. Salter; shell wound of right knee; family consists of 7, myself, wife and 5 children except one son who is not living at home; wife age 60, children 35, 29, 26, 10, adopted daughter; children males except one adopted daughter; lived in TN since 1867; /s/ 9 Dec. 1903; wit. C.W. Duncan, C.S. Sellers. Letter Nov. 1, 1921, from Robt. L. Duncan, the death of my father J.M. Duncan on Oct. 20, 1921, my mother would receive his pension for the ensuing quarter, request widow's pension application. (FHL film 969,779) (MAD: widow perhaps ?? Belle Duncan, #7785, widow of James M. Duncan b. 1836 Spartanburg Co. SC, mar. 1858 Union Co. SC, res. 1921 Knox Co. TN)
 

OTHER RECORDS

"Richardson's Law Reports" Vol.9, 1856-1857, or "Reports of Cases at Law Argued and Determined in the Court of Appeals and Court of Errors of South Carolina" Volume IX, from November 1855 to May 1856 Both Inclusive, by J.S.G. Richardson, State Reporter, Annotated Edition, West Publishing Co., St. Paul, 1917. (CA State Law Library, Sacramento; from reference in "SC Marriages 1735-1885 Implied in SC Law Reports" Vol.2, by Barbara R. Langdon)
      Pgs.68-74: Appeals at Law, Columbia, Nov. & Dec. 1855. William Whitesides vs. H.S.A. Poole. Where creditors of a son-in-law seek to subject to their demands a negro which the father-in-law had permitted to go into the son-in-law's possession, it need not appear that the possession of the son-in-law was adverse. In a suit in this State the law of North Carolina must be proved before a question can be made under it.
      Before Wardlaw, J., at Spartanburg, Extra Term, September, 1855. The report of his Honor, the presiding Judge, is as follows: "Trover, for a slave Prudence.
      (MAD's extract:) The plaintiff lives in Rutherford Co. NC, 10 miles or more beyond the Court House; is old, and has for 20 years been so crippled with rheumatism that he cannot walk without help; has 12 children, who have all left him, and has about 12 negroes. To some of his children he has given a negro a piece, to others not. Fifteen or 20 years ago, Charles Dunkin, who is a carpenter, made a runaway match with Sarah, a daughter of plaintiff. After the marriage, Dunkin lived 3 or 4 years at Monford's Cove, in Rutherford Co., and subsequently he was for a year or so at Rutherford Court House, and for five, six or more years in Marion, in McDowell Co. NC. In the meantime he lived a year or so at the plaintiff's, before he went to Marion. In 1850 or early 1851, he came to work at Spartanburg Court House, leaving his family in Marion. In July or August, 1851, he took his family to the plaintiff's, and there they remained until Sept. 1851, when he with them removed to Spartanburg, where they all yet remain.
      Prudence, a black girl, now 20 or more years old, was born the plaintiff's. To Monford's Cove, Mrs. Dunkin took with her Lucy, a girl born the plaintiff's. Lucy ran away and returned to the plaintiff's. Prudence, then a small girl, went to Monford's Cove in Lucy's place, and ever afterwards, until she was seized by the Sheriff, was in the possession of Dunkin, wherever his family was.
      In July, 1854, the defendant levied on Prudence as Dunkin's property, under many writs of fieri facias against Dunkin, and a mortgage by Dunkin to F. Cantrell; and in August, 1854, sold her to Cantrell for $435 which was applied to the mortgage. Prudence was then worth from $700 to $800 and was demanded from the Sheriff by plaintiff's agent whilst she was in jail, before she was sold.
      Richard Whitesides, a son of plaintiff's, who lives near to his father, in his testimony stated much of what precedes and further as follows: At a camp-meeting in Rutherford Co. in Aug. 1851, I came in during a conversation between father and Dunkin. Father said that he would not let Dunkin have Prudence, but if he had a chance he would buy a girl and make her over to Dunkin's wife and children; that he was afraid Dunkin was so involved that he could not hold property. ... a few days afterward, (another conversation) father said Sarah might take Prudence for a while ...
      In Defence -- the Defendant showed 29 writs of fieri facias, some against Charles Dunkin, and some against Jarrott & Dunkin, partners, of whom Charles Dunkin was one: entered in Oct. 1853, March 1854, and June 1854, also the mortgage to F. Cantrell dated Dec. 30, 1852, including Prudence and another girl, about 23 years old, called Charlotte. ... Dunkin had bargained with Cantrell for a hotel and lot ...
      Plaintiff ... Dunkin had possession of Prudence 7 or 8 years, that the girl was his (the plaintiff's) because he had never given any bill of sale; he said nothing about the laws of NC nor about hiring her to Dunkin; ... by the laws of NC, title of a slave cannot be transferred without writings ... jury found for the defendant (H.S.A. Poole), plaintiff (Whitesides) appealed on grounds that possession was only temporary so could not confer any right on the creditors of Dunkin, and the laws of NC require conveyance in writing, and Dunkin was known where he lived not to be the owner of the girl; appeal and motion for new trial dismissed since proof of NC laws not produced, and possession was not proved temporary.
      MAD: see pg.207, "Eswau Huppeday" Vol.8, 1988, by Broad River Genealogical Society of Cleveland Co. NC (from Charles W. Hite 6/1995) for an article about the Whitesides family.
 

REFERENCES FROM OTHER LOCALITIES

Greenville Co. SC Deed (FHL film 24,013)
      B-128: 29 Nov. 1788, John Carr of Washington Co. "NC" to William Bridges of Rutherford Co. NC, £60, 97 acres granted 21 Jan. 1785 to John Carr in 96th Dist. in Greenville Co. on Reedy River on both sides; no wife; wit. James Conn, Robert Duncan.
 

OTHER SOURCES

"Deed Abstracts of Tryon, Lincoln & Rutherford Cos. NC 1769-1786; Tryon Co. Wills & Estates" by Brent Holcomb (FHL book 975.6 R2ho; also Memphis Public Library book 929.356 H725d extracts from Evelyn Sigler 11/1982)
      This book contains abstracts of early deeds and other documents, as well as an index to all the names in those documents. It also includes on pg.171, under Early Land Surveys on Ward's Creek, information about Peter Duncan's grant of 16 Nov. 1764 in Mecklenburg Co., sold in 1818 in Rutherford Co. NC by his grandson Hiram Duncan, son of Mark Duncan, although Peter Duncan had sold it much earlier.

The Dunkin Bible Record of Charles Hilles, b. 7/17/1771, contains the record of Hiram Dunkin, b. 10/23/1790, and his wife Olive b. 1/16/1797 and their children; the Bible is owned by Clara J. Mann in 1998; information from Janet King Bower 8/1999.

"Heritage of Rutherford Co. NC" ed. by William B. Bynum, pub. by Genealogical Society of Old Tryon County, 1984 (from June Ricketts 1/1986)
      Biographical sketch #232 of Benjamin Hoyle Duncan includes information on his ancestors James H. Duncan 1814-1875 and Sophia Elliott 1821-1864 of McDowell Co. NC; however, the parents of James H. Duncan were Rachel Bivings and John Duncan according to James' marriage record in July 1870, and not Rowland Duncan and Judith Walton (married bef. Jan. 1821) or Jane Cox Walton (married 11/3/1813 Burke Co. NC); from information from Ralph Duncan 3/1986.
 

END

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