# Lancaster County, SC - Court of Common Pleas - Judgment Roll 1473

| | |
|---|---|
| **Case** | Jeremiah Blackmon (Blackman), bearer of John Graves, v. Darling Belk (with the earlier summary process against Dicy Caston & Darling Belk) |
| **Dates** | 1825-1830 |
| **Roll** | Box 33, Roll 1473 |
| **Pages in source images** | 17 |

## Source

Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 1473 (Box 33). Original records held by the South Carolina Department of Archives and History, Columbia, SC. Transcribed from photographs of the original judgment roll (image files: folder [1473](1473/), 17 photographs).

## Disclaimer

This transcription was made using AI (Claude, by Anthropic) from photographs of the original court papers. It is an attempted transcription, not a certified copy. Faded ink, difficult handwriting, torn folds and damaged pages make some readings uncertain, and errors are possible. Check the original images before relying on any reading.

## Transcription conventions

- Original spelling, capitalization and abbreviations are kept as written.
- `[?]` = uncertain reading; `[illegible]` = could not be read; `[blank]` = a space left empty on the original.
- `[struck: ...]` = printed or written text that is lined through on the original.
- `[...]` and *[italic bracketed notes]* = editorial explanations added by the transcriber; `[letters]` inside a word = letters supplied to expand an abbreviation.
- On printed forms, handwritten fill-ins are shown in ***bold italics*** where it helps to tell them apart from the printed text.
- "Img." numbers refer to the photographs in the roll's image folder, in file-name order, which is not always the order the papers were written in.

**Notes on these images:**

- Many sheets were photographed sideways or upside down and were rotated for reading. The transcription follows the order the case unfolded.
- The roll holds two stages of the same claim on one note. First (1826), Jeremiah Blackmon, as bearer, sued Dicy Caston and Darling Belk jointly by summary process. Dicy Caston pleaded that she was a married woman when she signed, and Belk demurred; the summary process ended in judgment for the defendant on the demurrer. Second (1828-1830), Blackmon brought a new action against Darling Belk alone, which went to a jury.
- In two of Belk's pleadings the attorney first wrote the plaintiff's name as "Jonathan" or "Benjamin" and corrected it to "Jeremiah"; the corrections are shown as written.

## Transcription

**Img. 17 - The original promissory note**

> On or before the first day of October next I promise to pay John Graves or Bearer the sum of seventy Dollars 91/100 for value Recd with interest from this date March 14th 1825
> $70 91 [cents]
>     Dicy Caston
>     D. Belk
>
> [Calculations to one side:]
> 70 91 / 7 / 4 96 37 / 3 / 14 89 11 / 2 06 / 15 09 [?]
> 41.36 / 2 06
> 15 09 / 70 91 / 86 00

**Img. 16 - Back of the note (assignment)**

> I endorse this within note to Jeremiah Blackmon
>     John (his X mark) Graves
> this 27th October 1825
>
> Jeremiah Blackmon
>    v
> Dicy Caston
> Darling Belk

---

**The summary process, 1826**

**Img. 14 - Petition and summary process (printed form: "Summary Process - Camden Press")**

> State of South-Carolina.
> TO THE HONORABLE THE ASSOCIATE JUDGES OF THE SAID STATE.
>
> The Humble Petition of ***Jeremiah Blackman bearer of John Graves***
>
> SHEWETH, THAT ***Dicy Caston & Darling Belk are*** [struck: is] justly indebted unto your Petitioner in the sum of ***seventy dollars ninety one cents and interest*** by ***promissory Note*** a copy whereof is herewith filed, and the said ***Dicy & Darling*** refuses payment
>
> WHEREFORE your Petitioner prays that the said ***Dicy & Darling*** may be ordered, either personally or by ***their*** Attorney, to be and appear at the Court of Common Pleas, to be holden at ***Lancaster*** Court House, for ***Lancaster*** District, on the ***first*** Monday after the fourth Monday in ***October*** next, that your Honors may then and there take your Petitioner's case into consideration, and grant such relief in the premises as, from the circumstances of the case, to your Honors shall seem meet. And your Petitioner will Pray.
>
> Ordered, that the said ***Dicy & Darling*** do appear at the time and place above mentioned, to answer to the aforesaid complaint: And that ***they*** do file ***their*** defence with the Clerk of the said Court on or before the meeting of the same, and give reasonable notice to the Plaintiff or ***his*** Attorney, or judgment will be given against the said ***Dicy & Darling*** by default.
>
> Also, Ordered, That the Sheriff of the said District do serve this Process, and return it to the said Clerk, fifteen days next, before the sitting of the said Court.
>
> WITNESS ***John McKenzie Esquire Clerk of the Court of Common Pleas*** [struck: the Honorable Elihu Hall Bay, Esquire, Senior Associate Judge of the said State], at ***Lancaster*** Court-House, the ***thirtieth*** day of [struck: Monday after the fourth Monday in] ***September*** in the year of our Lord one thousand eight hundred and twenty-***six*** and in the ***fifty first*** year of the Sovereignty and Independence of the United States of America.
>
>     ***McWillie & Howard*** Plaintiff's Attorneys
>
> [Left margin:] Jno. McKenzie C.C.P.

**Img. 15 - Back of the summary process (copy note, service and endorsements)**

> [Left panel:]
> (Copy Note) On or before the first day of October next I promise to pay John Graves or bearer the sum of seventy dollars 91/100 for value recd with interest from this date March 14th 1825
> $70 91 Cts     (Signed)     Dicy Caston
>                             D. Belk
> (Endorsed)
> I indorse this within Note to Jeremiah Blackmon
>     John (his X mark) Graves
> this 27th October 1825
>
> [Center panel:]
> 118     112
> Lancaster
> Jeremiah Blackman
> bearer
>    v } Sum Pro. Note $70.91
> Dicy Caston
> & Darling Belk
>
> McWillie & Howard
> Plff attys
>
> Return proved before me
> 17 Octr 1826 Jno. McKenzie Clk
>
> [Crossed through with a large X:]
> We confess Judgment in this Case for eighty five dollars seventy one cents with a stay of execution till the 1st October next. March 29th 1828
>
> 200
>
> [Right panel:]
> Entered in my office
> 4th October 1826
>     Jno. Sims Shff
>
> I have personally served the defendants with a copy each of this process 11 Octr 1826
>     John Sims Shff

*[The confession of judgment is cancelled and unsigned.]*

**Img. 8 - Plea of Dicy Caston, with her affidavit**

> Jeremiah Blackmon
> bearer
>    v } Sum. pro.
> Dicy Caston & D. Belk
>
> And the said Dicy comes &c & says that the said Jeremiah ought not to have or maintain his aforesaid action thereof against her, because she says that at the time she signed the note mentioned in Plaintiff's process aforesaid she was [a feme] covert of William Caston her husband then living & in full life to wit on the fourteenth day of March in the year of our Lord Eighteen hundred & twenty five at Lancaster Court aforesaid & this she is ready to verify, wherefore she prays judgment if the said Jeremiah his action aforesaid against her ought to have or maintain &c.
>     Williams & Clinton D. attys
>
> State of South Carolina }
> Lancaster District }
> Dicy Caston came before me & swears to the truth of the facts above stated.
> Sworn to before me
> 30th Octr 1826
> Jno. McKenzie Clk          Dicy Caston

**Img. 10 - Demurrer of Darling Belk**

> [struck: Benjamin] Jeremiah
> Blackmon bearer
>    v } Sum. pro.
> Dicy Caston & D. Belk
>
> And the said Darling by Williams & Clinton his attorneys comes and defends the wrong & injury when &c & says that the said Process & the matters therein contained in manner & form as [set] forth are not sufficient in law for the said [struck: Benjamin] Jeremiah to have or maintain his aforesaid action against him, that he is not bound by law to answer the same & this he is ready to verify, wherefore he prays Judgment &c. And the said Darling sets down here & shews to the court the following causes of demurrer in law to the process of the said [struck: Jonathan] Jeremiah, that is to say
>
> 1st that the note upon which the process is sued is endorsed to the said Jeremiah by John Graves that the said Jonathan should have sued as Endorsee & not as bearer of John Graves, as stated in the process.
>
> 2d the said [struck: Jonathan] Jeremiah should have sued as Assignee & not as bearer of the said [struck: illegible].
>
> 3d because the said Jonathan should have sued severally the said Darling & Dicy Caston as the note is drawn "I promise," & should not have sued both jointly as is done in his process.
>
> 4th because the process is in other respects informal, uncertain & indefinite &c.
>
>     Williams & Clinton D. attys

**Img. 9 - Docket on the back of the demurrer**

> Lancaster
> Jerh. Blackmon
>    v } Plea
> Dicy Caston &
> D. Belk
>
> Williams & Clinton D. atty
>
> D. Belk's plea

**Img. 7 - Docket on the back of Dicy Caston's plea**

> [One panel:]
> Jer. Blackmon
> bearer
>    v } [struck: illegible] Sum. pro.
> Dicy Caston &
> D. Belk
>
> Williams & Clinton
> Defts
>
> Dicy Caston's plea
>
> Judgt. for Deft. on demurrer
>
> [Another panel, in pencil:]
> Deft. Dicy Caston [illegible]
> demurrer
> [illegible]
>
> [A separate slip:]
> Jeremiah Blackmon
> bearer
>    v } Sum. pro.
> Dicy Caston &c
>
> We appear for the Defendants in the above case & have filed this appearance with the clerk of the court
>     Williams & Clinton D. atty

---

**The action against Darling Belk alone, 1828-1830**

**Img. 1 - Docket cover of the declaration**

> [Right panel:]
> Roll No. [?] 8
> Lancaster
> B33 R 1473
>
> Jeremiah Blackmon
> bearer
>    v } Declon in Aspt.
> Darling Belk
>
> Recorded
>
> McWillie & Howard
> Plff attys
>
> Filed 3rd October 1828
> Rule posted same day
>
> We find for the Plff seventy dollars ninety one cents with interest from March 14th 1825
>     F. K. Brummett
>     Forman
>
> Leave was obtained to declare in this case
>
> 200     Williams & Clinton
>
> [Left panel:]
> Ver[dict] - $96.21
> Int. 70.91 fr 19 [?] apl 1830
>
> atty - $22.28
> Ck - 13.50
> Shf - 3 -
> Wit - 4 - } $42.78
>          $138.99
>
> Recorded in Book F at page 44
>     Jno. O. Adams
>     Clerk
>
> 70.91
> 25.30
> $96.21

**Img. 2 - Declaration (printed form: "Declaration on Note - Camden Press")**

> The State of South-Carolina, } to wit
> ***Lancaster*** DISTRICT.
>
> ***Darling Belk otherwise called D. Belk was*** attached to answer to ***Jeremiah Blackmon bearer*** of a plea of trespass on the case, and so forth; And whereupon, the said ***Jeremiah by McWillie and Howard his*** Attorneys complain***s***, That whereas, the said ***Darling [struck: and one Dicy Caston]*** on the ***[struck: fourteenth]*** day of ***March*** in the year of our Lord one thousand eight hundred and ***twenty five*** at ***Lancaster*** Court-House in the District and State aforesaid, and within the jurisdiction of this Court, did make ***his*** certain Note in writing, commonly called a Promissory Note, with ***his*** own proper hand writing thereunto subscribed, bearing date the day and year lastmentioned; by which said Note, the said ***Darling on or before the first day of October next*** did promise to pay, or cause to be paid, unto [struck: the said] ***John Graves or bearer*** [struck: or order], the full and just sum of ***seventy dollars ninety one cents with interest from the date thereof and the said John Graves to whom or to the bearer of the said promissory note the payment of the said sum of money therein specified was by the same note to be made after the making of the said promissory note and before the payment of the said sum of money therein specified duly assigned over and delivered the said promissory note to the said Jeremiah who thereby then and there became and was and still is the lawful bearer thereof and entitled to receive and demand payment of the said sum of money therein specified whereof the said Darling afterwards had notice*** by reason whereof, and by force of the statute in such case made and provided, and made of force in this State; the said ***Darling*** became liable to pay to the said ***Jeremiah bearer*** the sum of money in the said Note specified according to the tenor and effect of the said Note: And being so liable, the said ***Darling*** afterwards, to wit, ***the thirtieth day of September in the year of our Lord one thousand eight hundred & twenty six*** at ***Lancaster*** Court-House aforesaid and within the jurisdiction of the Court, in consideration thereof, upon ***himself*** did assume, and to the said ***Jeremiah*** then and there faithfully promised that ***he*** the said ***Darling*** would well and truly pay to the said ***Jeremiah*** the said sum of money in the said Note mentioned, according to the tenor and effect of the said Note:
>
> Yet the said ***Darling his*** promise and assumption aforesaid, made, in no wise regarding, but contriving and fraudulently intending the said ***Jeremiah*** in this behalf, craftily and subtly to deceive and defraud, the said ***Jeremiah*** sum of money abovementioned, or any part thereof, to the said ***Jeremiah hath*** not paid (although oftentimes afterwards required to do so) but the same to the said ***Jeremiah*** to pay the said ***Darling hath*** hitherto altogether refused and still ***doth*** refuse; to the damage of the said ***Jeremiah two hundred dollars*** and therefore ***he*** brings suit, and so forth.
>
>     ***McWillie & Howard*** Plaintiff's Attorneys

**Img. 3 - Copy of the note, and the pleadings**

> (Copy Note) On or before the first day of October next I promise to pay John Graves or bearer the sum of seventy dollars 91/100 for value recd with interest from this date March 14th 1825
> $70 91 Cts     Signed     Dicy Caston
>                           D. Belk
>
> And the said Darling by Williams & Clinton his Attorneys comes & defends the wrong & Injury when &c & says that he did not promise and assume in manner & form as the said Jeremiah hath above complained thereof against him & of this he puts himself upon the country &c -
>     Wms & Clinton
>
> And the plaintiff doth so likewise
>     McWillie & Howard
>
> And the said Darling by leave of the Court, for further plea says that the said Jeremiah ought not &c - Because he says that upon action in the Court of Com. pleas at Lancaster Court House on &c - brot by the same Pff against him for the same cause, there was a Judgment in favor of the said Darling upon demurrer as appears by the record of the said court - wherefore &c - he prays judg[men]t -
>     Wms & Clinton
>
> And the said plaintiff says he ought not &c [struck: because] he says there was no judgment on demurrer in favour of the said Darling, for the same cause of action
>     McWillie & Howard Pff attys
>
> And the said Darling further [struck: complains] shews to the court here that there is a variance between the writ & declaration, the writ issuing against Dicy Caston as well as the said Darling, & the said Jonathan [sic] declares against the said Darling alone. Wherefore he prays that the said writ & declaration may be abated &c -
>     Wms & Clinton
>
> And the said plaintiff says there is no variance because he was permitted by [order?] of court to discontinue as to the said Dicy -
>     McWillie & Howard Plff attys

---

**Witness subpoena tickets (printed forms) and endorsement**

| Img. | Witness | Court named | Parties | Dated | Signed |
|---|---|---|---|---|---|
| 11 | John McKenzie | Lancaster Court-house, 3rd Monday after 4th Monday in October next | Jeremiah Blackmon bearer, Plaintiff, and Darling Belk, Defendant (for the Plaintiff) | 3rd day of November 1829 | McWillie & Howard Pltffs Atty |
| 12 | John McKenzie | Lancaster Court-house, 4th Monday after 4th Monday in March [struck: next] | same | 6th day of April 1830 | McWillie & Howard Pltffs Atty |

**Img. 13 - Back of the 1830 ticket**

> I attended two days in this Case on this sub. writ, Spring Term 1830
>     Jno. McKenzie

---

**Img. 5 - Judgment (printed form: "Postea Judgment on Issue Tried, and Verdict for Plaintiff - Camden Press")**

> ***Spring Term 1830***
>
> AND now at this day, to wit, the ***fourth Monday after [the] fourth*** Monday in ***March*** to which day the issue aforesaid, was continued in the Court of Common Pleas, at ***Lancaster*** Court-House, come the parties aforesaid, and the Sheriff of ***Lancaster*** District, as he has heretofore been commanded, returns, that he has summoned forty-eight good and lawful men, to be drawn by ballot, according to the directions of the Acts of the General Assembly of the said state, in such case made and provided, to be and appear before the Justices of the said State, at the Court aforesaid, to be holden at the place aforesaid on the day aforesaid, by whom, and so forth; and who neither, and so forth; to recognize, and so forth; because as well, and so forth. And afterwards, that is to say, on the day, and at the place aforesaid, before the Justices aforesaid, come as well the said ***Jeremiah Blackmon bearer*** by ***his*** Attorney aforesaid, as the said ***Darling Belk*** by ***his*** Attorney aforesaid; and the Jurors aforesaid, being demanded, some of them, to wit, ***Francis K. Brummett*** come, and being drawn by ballot, according to the directions of the said Acts of the General Assembly aforesaid, and sworn of the jury aforesaid, to say the truth of the within contained, do, on their oath say, that ***the said Darling did promise and assume in manner and form*** as the said ***Jeremiah*** above, in ***his*** declaration has alleged against ***him*** and they assess the damages of the said ***Jeremiah*** by reason ***of the non performance of the promises and assumptions*** over and above ***his*** costs and charges, by ***him*** about ***his*** suit in this behalf expended to ***ninety six dollars twenty one cents***
>
> THEREFORE, it is considered, that the said ***Jeremiah*** do recover against the said ***Darling his*** damages so found by the Jurors aforesaid; and also ***forty Dollars & 78 Cents*** for ***his*** costs and charges aforesaid, to the said ***Jeremiah*** by the said Court, now herewith ***his*** assent adjudged, and be the said ***Darling*** in mercy, and so forth.
>
> Judt. entd. up & signed 5 May 1830
>     Jno. O. Adams
>     Clerk

*[The docket cover gives the costs as $42.78; the judgment gives $40.78.]*

**Img. 6 - Back of the judgment (attorney's bill)**

> Attys Bill of Cost
> Process - 4.28
> Declaration - 4.00
> 6 Sub Writs - 6.00
> Special Matter [&] Argt - 5.00
> Judgt & Exon - 3.00
> to the Jury - 1.00
>          $22.28

**Img. 4 - Docket on the back of the judgment**

> Judgment
> Jeremiah Blackmon
> bearer
>    v
> Darling Belk
>
> McWillie & Howard
> Plff attys