# Lancaster County, SC - Court of Common Pleas - Judgment Roll 1645

| | |
|---|---|
| **Case** | C. Matheson & W. Vernon, merchants trading as Matheson & Vernon, v. Ely (Eli) Clark |
| **Dates** | 1829-1832 |
| **Roll** | Box 36, Roll 1645 |
| **Pages in source images** | 10 |

## Source

Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 1645 (Box 36). 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 [1645](1645/), 10 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:**

- Imgs. 1-5 were photographed sideways or upside down and were rotated for reading.
- The note was signed by Buckner Clark and Ely Clark, and the writ was issued against both, but the sheriff could not find Buckner Clark, and the declaration and judgment are against Ely Clark alone. The writ was issued by the clerk of Kershaw District, returnable at Lancaster.
- The firm's name is spelled "Matheson," "Mattheson" and "Matteson" in different places.

## Transcription

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

> [Right panel:]
> Roll 24 [struck: 13 [?]]
> Lancaster
> B36 R 1645
>
> Mattheson & Vernon
>    v } Declon on note
> Ely Clark
>
> Vaughan & Lee
> Pltffs Attys
>
> Referred
>
> Filed 13^th Dec^r 1831
> Ord for Jud^t same day
>     Jn^o O. Adams
>     Clerk
>
> I find the amount due the Plaintiffs in this case to be One Hundred & seventy two Dollars & 52 Cents - One Hundred & forty seven Dollars & 58 Cents to bear interest from the 1^st May 1832
>     Jn^o O. Adams
>     Clerk
>
> Ex[ecutio]n 7 May 1832
>
> [Left panel:]
> Assess^t $172 52
> Int [on] 147.58 from 1^st May 1832
>
> Atty 12 -
> Ck 5 25
> Shf 2.40
>          $19.65
>          $192.17
>
> Recorded in Book F page 50 & 2 [?]
>     Jn^o O. Adams
>     Clerk

---

**Img. 2 - Declaration (printed form: "Declaration on Note - Camden Press"), with copy of the note**

> The State of South-Carolina, ***Lancaster*** DISTRICT.
>
> ***Ely Clark*** was attached to answer to ***C. Matheson & W. Vernon merchants trading under the firm of Matheson and Vernon*** of a plea of trespass on the case, and so forth; And whereupon the said ***Matheson & Vernon by their*** Attorney***s*** complain That whereas, the said ***Ely Clark*** on the ***third*** day of ***January*** in the year of our Lord one thousand eight hundred and ***twenty nine*** 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 last mentioned; by which said Note, the said ***Ely Clark*** did promise to pay, or cause to be paid, unto the said ***Matheson & Vernon*** or order, the full and just sum of ***one hundred & forty seven dollars & fifty eight cents*** on or before the ***first of December next***
>
> by reason whereof and by force of the statute in such case made and provided, and made of force in this State, the said ***Ely Clark*** became liable to pay to the said ***Matheson & Vernon*** 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 ***Ely Clark*** afterwards; to wit, The same day and year last mentioned, at ***Lancaster*** Court-House aforesaid and within the jurisdiction of this Court, in consideration thereof, upon ***himself*** did assume, and to the said ***Matheson & Vernon*** then and there faithfully promised that ***he*** the said ***Ely Clark*** would well and truly pay to the said ***Matheson & Vernon*** the said sum of money in the said Note mentioned, according to the tenor and effect of the said Note:
>
> Yet the said ***Ely Clark his*** promise and assumption aforesaid, in form aforesaid, made, in no wise regarding, but contriving and fraudulently intending the said ***Matheson & Vernon*** in this behalf, craftily and subtly to deceive and defraud, the said sum of money abovementioned, or any part thereof, to the said ***Matheson & Vernon hath*** not paid (although oftentimes required to do so) but the same to the said ***Matheson & Vernon*** to pay the said ***Ely Clark hath*** hitherto altogether refused and still ***doth*** refuse; to the damage of the said ***Matheson & Vernon three hundred dollars*** and therefore ***he*** bring***s*** suit, and so forth.
>
>     ***Vaughan & Lee*** Plaintiff's Attorney.
>
> ***Copy of note***
> ***on or before the first day of December next we or either of us promise to pay to the order of Matheson & Vernon one hundred & forty seven dollars & fifty eight cents for value rec'd 3rd January 1829***
>     ***signed Buckner Clark***
>     ***Ely Clark***

*[In the top margin is a column of figures working out the interest: $147.58, 10.32 1/2 [?], 30.64 [?], 3.44, 8.86, 24.94, and the total 172.52.]*

**Img. 3 - The original promissory note**

> 147.58     Camden 3 January 1829
>
> On or before the first day of December next we or either of us promise to pay to the order of Matheson & Vernon One hundred and forty seven dollars and fifty Eight Cents for Value Rec^d
>
> N^o 136          Buckner Clark
>                  Ely Clark

**Img. 4 - Back of the note (payments)**

> Rec^d in part the within Note Ten dollars 23 Dec^r 1829
>     Matheson & Vernon
>
> Rec^d Camden 27 Jan^y 1830 fm Ely Clark Ten dollars in part the within Note
>     Matheson & Vernon
>
> E. Clark
>
> Sued to Octo term 1831
> Lancaster

---

**Img. 7 - Original writ (printed form: "Original Writ - Camden Press")**

> State of South-Carolina.
> TO ALL AND SINGULAR THE SHERIFFS OF SAID STATE - GREETING:
>
> YOU, and each of you, are hereby commanded, without delay, to ***attach the bodies of Buckner Clark & Ely Clark*** wheresoever ***they*** may be found within your and each of your respective districts, so that you compel ***them*** to be and appear before the Associate Judges of the said State, at the Court of Common Pleas, to be holden at ***Lancaster*** Court House in and for the district of ***Lancaster*** on the ***third*** Monday after the fourth Monday in ***October inst*** [struck: next], to answer to ***C. Matheson and W. Vernon merchants trading under the firm of Matheson & Vernon*** of a plea of trespass on the case and so forth; also for certain promises and assumptions, by the said ***[struck: Mattheson & Vernon] Buckner & Ely*** to the said ***Matheson & Vernon*** made and not performed; to the damage of the said ***Matheson & Vernon three hundred dollars***
>
> And have you there this WRIT, before the Clerk of the said Court, fifteen days next before the sitting of the said Court.
>
> WITNESS ***Tho^s P. Evans*** Esquire, Clerk of the Court of Common Pleas, for ***Kershaw*** District, the ***first*** day of ***October*** in the year of our Lord one thousand eight hundred and ***thirty one*** and in the ***fifty sixth*** year of the Sovereignty and Independence of the United States of America.
>
>     ***Vaughan & Lee*** Plaintiff's Attorney.
>
> [Left margin, beside the embossed seal:] Tho^s P. Evans
>     C.K. [?]

**Img. 8 - Back of the original writ (sheriff's return)**

> [Left panel:]
> Ent^d 20 Octo 1831
>     W^m Williams S[heriff]
>
> I have by C. Howard my Lawful deputy left a copy of [the] writ at the House of Eli Clarke, & made due search for B. Clarke but can't find him nor learn that he has any fixed place of residence in this district
>     W^m Williams S[heriff]
>
> 14 miles }
> 14 search [?] }
> 28 miles
> 1.40
> 1.00
>
> [Center panel:]
> 170
> Lancaster
> Matheson & Vernon
>    v } Writ in assum[psi]t
> Buckner Clark
> & Ely Clark
>
> Vaughan & Lee
> Pltffs Attys
>
> Original

**Img. 5 - Copy of the writ (printed form: "Copy Writ - Camden Press")**

*[A copy of the original writ (Img. 7), with the same wording, date and signatures; the left margin has the seal "(L.S.)" drawn by hand and "Tho^s P. Evans." The order of the names reads "by the said Buckner & Ely to the said Matteson & Vernon."]*

**Img. 6 - Back of the copy writ (printed arrest notice, filled in)**

> Buckner Clark
>
> YOU are arrested by virtue of, or served with this Writ or Process, to the intent that you may, by your attorney, be and appear at the Court of Common Pleas, to be holden at ***Lancaster*** Court-house, for ***Lancaster*** District, on the ***third*** Monday after the ***fourth*** Monday in ***Octo^r*** [struck: next], in order to make your defence in this action; and that in case of your refusal or neglect, during the sitting of the said Court, Judgment may be entered against you by default.
>
> [Illegible signature, perhaps the deputy's]
>
> [Docket:]
> Lancaster
> Mattheson & Vernon
>    v } Writ in assum[psi]t
> Buckner Clark
> & Ely Clark
>
> Vaughan & Lee
> Pltffs Atty
>
> Copy for
> Buckner Clark

---

**Img. 9 - Judgment by default (printed form: "Judg. on Writ of Enq. Damag. Ass'd. by Clerk - Camden Press")**

> ***Spring*** Term, 183***2***
>
> AND now at this day, to wit, the ***fourth*** Monday after the fourth Monday in ***March*** in the year of our Lord one thousand eight hundred and ***thirty two*** come***s*** the said ***Matheson & Vernon*** the Plaintiff by ***his*** Attorney***s*** aforesaid, and pray***s*** that the said ***Ely Clark*** the Defendant, to the declaration of ***them*** the said Plaintiff***s*** may answer; and the said Defendant being solemnly called, come***s*** not, but make default, whereby the said Plaintiff***s*** remain thereof against ***him*** undefended. Wherefore it is considered by the Court now here, that the said Plaintiff ought to recover against the said Defendant the damages by ***them*** sustained by reason of the premises: But because it is unknown to the Court what those damages are: It is therefore Ordered, That the same be referred to the Clerk of the said Court, to ascertain the sum actually due by the said Defendant to the said Plaintiff pursuant to the direction of the Act of the General Assembly of the said State, in such case made and provided; and the said Clerk thereupon having ascertained the same, and assessed the Damages of the said Plaintiff***s*** by reason of the premises; besides ***their*** costs and charges by ***them*** expended in and about prosecuting ***their*** suit in this behalf, to [blank]
>
> Therefore, it is considered by the Court now here, that the said Plaintiff do recover against the said Defendant the damages so ascertained and assessed as aforesaid; and also ***nineteen Dollars & 65 Cents*** for ***their*** costs and charges aforesaid, to ***them*** by the Court now here, with ***his*** assent adjudged; which said damages, costs and charges, in the whole, amount to ***One Hundred & ninety two Dollars & seventeen Cents*** and be the said defendant in mercy, and so forth.
>
> Jud^t Ent^d up & Signed 7^th May 1832
>     Jn^o O. Adams
>     Clk

*[The amount of the damages is left blank in the judgment; the docket (Img. 1) gives it as $172.52, which with costs of $19.65 makes the total of $192.17.]*

**Img. 10 - Back of the judgment**

> Lancaster
> Matheson & Vernon
>    v } Judgment
> Ely Clark
>
> Vaughan & Lee
> Pltffs Atty