# Lancaster County, SC - Court of Common Pleas - Judgment Roll 171 | | | |---|---| | **Case** | John Love v. Thomas Hilliard, John Hilliard & Gayden Pettey | | **Dates** | 1805-1809 | | **Roll** | Box 4, Roll 171 | | **Pages in source images** | 10 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 171 (Box 4). 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 [171](171/), 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:** - Img. 1 is a sideways photograph of the docket cover also shown, upright, in Img. 4. - Imgs. 2, 3, 7, 8, 9 and 10 were photographed sideways or upside down and were rotated for reading. - The surname of the third defendant is written "Petty" and "Pettey" in different places. ## Transcription **Img. 4 (and Img. 1) - Docket cover of the declaration** > [Left panel:] > Nedham Cato > > [Center panel:] > Lancaster > B4 R171 Roll # 42 [?] > > John Love > v } Declon in Assumpt. > Tho: Hilliard > John Hilliard > & Gayden Pettey > > Blanding > > Filed March 9th 1809 > Rule posted the same day > Ord. for Judgment April 10th 1809 > Plea & Issue > > We find for the Plaintiff seventy - five dollars with Costs - > Saml. Dunlap > Foreman > > Judgement Sign[ed] [?] > 16th [June?] 1809 --- **Imgs. 2-3 - Declaration, with copies of the three notes** > State of South Carolina } SS. > Lancaster District } > > Thomas Hilliard, John Hilliard and Gayden Petty were attached to answer to John Love of a plea of trespass on the case &c. And whereupon the said John Love by Abram Blanding his attorney complains that whereas the said Thomas, John and Gayden, did on the sixth day of August in the year of our Lord one thousand eight hundred and five, at Lancaster Courthouse, in the district and State aforesaid, make their certain note in writing commonly called a promissory note, their own proper hands being thereunto subscribed, by which said note, the said Thomas, John and Gayden promised to pay unto the said John Love five months after the date of the said note three hundred and seventy five dollars and thirty three cents, for value received of him the said John Love. By reason whereof, and by force of the statute in such case made and provided, & made of force in this State, the said Thomas, John and Gayden became liable to pay to the said John Love, the sum of money in the said note mentioned according to the tenor and effect of the said note. > > And whereas also the said Thomas, John and Gayden, afterwards, to wit on the day and year aforesaid and at the place aforesaid made their certain other note in writing commonly called a promissory note, their own proper hands being thereunto subscribed by which said note the said Thomas, John and Gayden, promised to pay unto the said John Love, a further sum of three hundred and seventy five dollars and thirty three cents, in twelve months after the date of the said note for value received of him the said John Love. By reason whereof, and by force of the statute in such case made and provided, and made of force in this State, the said Thomas, John and Gayden, became liable to pay to him the said John Love, the sum of money in the said note last mentioned according to the tenor and effect of the said note. > > And whereas, also, the said Thomas, John and Gayden, afterwards, to wit, on the day and year first aforesaid, and at the place aforesaid made their certain note in writing, commonly called a promissory note, their own proper hands being thereunto subscribed by which said note the said Thomas, John and Gayden promised to pay unto the said John Love, in two years after the date of the said note a further sum of Three hundred & seventy five dollars and thirty five cents, for value received of him the said John Love. By reason whereof and by force of the Statute in such case made & provided and made of force in this State, the said Thomas, John and Gayden, became liable to pay to the said John Love the sum of money in the note last mentioned according to the tenor and effect of the said note. > > And being so indebted they the said Thomas, John and Gayden, afterwards, to wit, on the sixth day of August, in the year of our Lord one thousand eight hundred and seven, at Lancaster Court House aforesaid, undertook and then and there faithfully promised the said John Love that they would well and truly pay him the said several sums of money in the said notes mentioned, whenever they should be thereunto afterwards requested. > > Yet the said Thomas, John and Gayden, in no ways regarding their said several promises and assumptions, hath not paid the said several sums of money, nor any of them although they hath been thereunto often requested, but hath refused and still doth wholly refuse to pay the same, Whereupon the said John saith he is injured and hath sustained damage to two thousand dollars, and therefore he brings suit and so forth. > > Blanding Plff. Atto. > > (Copy Notes) > > Five months after date we or either of us do promise to pay unto John Love or order the sum of three hundred and seventy five dollars and thirty three cents for value received as witness our hands this 6th August 1805. > Jas. Ballard Thomas Hilliard > John Hilliard > Gayden Pettey > > Twelve months after date we or either of us do promise to pay or cause to be paid unto John Love or order the sum of three hundred and seventy five dollars and thirty three cents it being for value received as witness our hands this 6th August 1805. > Jas. Ballard Thomas Hilliard > John Hilliard > Gayden Pettey > > Two years after date we or either of us do promise to pay or cause to be paid unto John Love or Order the sum of three hundred and seventy five dollars and thirty five cents it being for value received as witness our hands this 6th August 1805 > Jas. Ballard Thomas Hilliard > John Hilliard > Gayden Pettey *[In the first note copy, "seventy" and "dollars" are written above the line as insertions.]* --- **Img. 4, right - Plea and joinder** > And the said Thomas John and Gayden by [struck: illegible] John S. Richardson their attorney come and defend the force and injury when and so forth and say that they did not promise and assume in manner and form as the said John Love has thereof complained against them and of this they put themselves on the country and so forth. > John S. Richardson > Defts Atto > > And the said John Love does so likewise > Blanding Plffs Atto --- **Img. 5 - Original writ (printed form)** > THE STATE of SOUTH-CAROLINA. > To all and singular the Sheriffs of the said State, GREETING. > > YOU, and each of you, are hereby commanded without delay, to attach the bodies of ***Thomas Hilliard, John Hilliard and Gayden Pettey*** 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 ***second*** Monday after the fourth Monday in ***October*** next, to answer to ***[struck: Thomas Hilliard] John Love of a plea of trespass on the case and so forth and also for certain promises and assumptions by the said Thomas, John and Gayden to the said John Love made and not performed to [struck: their] his damage two thousand 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 the Honorable JOHN FAUCHERAUD GRIMKE, Esquire, Senior Associate Judge of the said State, at ***Kershaw court house*** the ***third*** Monday after the fourth Monday in ***March*** in the Year of our Lord, one thousand eight hundred and ***eight*** and in the thirty ***second*** Year of the Sovereignty and Independence of the United States of America. > > ***Blanding*** PLFF'S. ATT'Y. > > [Left margin:] Tho: Salmond C.C.P. --- **Img. 6 - Back of the original writ (endorsements)** > [Left panel:] > Filed in my Office > Octr. 13th 1808 > Thos. Lee S.L.D. > > [Center panel:] > John Love > v } Writ in Assumpt > Thos. Hilliard > John Hilliard & > Gayden Pettey > > Blanding > > Personally Served by > Jonas Vick - > Proven before me > Joseph Lee J.Q. > > Entered > > [Right panel, written vertically:] > I have by Jonas Vick my lawful Special Deputy Served the within Named Defendants personally with a Copy of this Writ with the Legal notice thereon Endorsed pursuant to an Act of the General Assembly > Thos. Lee S.L.D. --- **Img. 8 - Judgment** > [Top margin:] Judgement entered up and Signed June 16th 1809 > Jas. Simpson [?] Clerk > > Therefore it is commanded that the sheriff of Lancaster district do summon forty eight good and lawful men drawn by ballot pursuant to the directions of the act of the general assembly of the said state in such case made and provided to be and appear at the court of common pleas to be holden at Lancaster court house on the second monday after the fourth monday in March next, of whom to make a jury by whom the truth of the matter may be better known, because as well the said John Love as the said Thomas, John and Gayden have put themselves upon the country. The same day is given to the parties aforesaid there and so forth. > > April Term 1809. > > At which day in the court of common pleas aforesaid come the parties aforesaid and the sheriff aforesaid having made due return of the venire facias aforesaid, the jurors thereby summoned come, to wit, Samuel Dunlap foreman and eleven others, who being elected [?] tried and sworn to speak the truth of and concerning the premises and upon their oath say that the said Thomas, John and Gayden did promise and assume in manner and form as the said John Love hath above complained against them, and assess the damages of the said John Love by reason of the premises besides his costs and charges by him expended in and about prosecuting his suit in this behalf to seventy five dollars. Therefore it is considered by the court now here that the said John Love do recover against the said Thomas, John and Gayden **Img. 7, right - Judgment (continued)** > his damages so as aforesaid assessed and also thirty nine dollars and eighty four cents for his costs and charges aforesaid, to him by the court now here with his assent [?] adjudged which said damages, costs and charges in the whole amount to one hundred and fourteen dollars eighty four cents, and be the said Thomas, John and Gayden in mercy and so forth. > > Blanding Plffs Atto. --- **Img. 7, left - Docket cover of the judgment (bill of costs)** > John Love > vs } Judgmt in Assumpt > Tho. Hilliard > John Hilliard & > Gayden Petty > > Blanding > > Verdict - 75.- > > Attos costs 23.- > Clks do 8.34 > Shffs do 6.50 > Nedham Cato 2.- 39.84 > 114.84 --- **Img. 10 - Writ of fieri facias (printed form)** > SOUTH-CAROLINA. > THE STATE OF SOUTH-CAROLINA. > To all and singular the Sheriffs of the said State, GREETING. > > YOU, and each of you, are hereby commanded, without delay, that of the goods and chattels, houses, lands, and other hereditaments and real estates of ***Thomas Hilliard, John Hilliard and Gayden Petty*** you cause to be levied the sum of ***one hundred and fourteen dollars and eighty four cents which John Love*** in the Court of Common Pleas, before the Judges of said State, at ***Lancaster court house*** lately recovered against the said ***Thomas John and Gayden for his damages which he sustained as well by reason of the nonperformance of certain promises and assumptions by them to him made as for his*** Costs and Charges by ***him*** expended in and about prosecuting ***his*** Suit in that behalf, wherefore the said ***John [struck: Love] Thomas and Gayden are*** convicted, as appears on record. And that you have the said Monies before the said Judges, at the court of Common Pleas, to be holden at ***Lancaster court-house*** on the ***second*** Monday after the fourth Monday in ***October*** next, to render to the said ***John Love for his*** Damages, Costs and Charges aforesaid. And have you there this Writ, before the Clerk of the said Court, fifteen days next before the sitting of the said Court. > > WITNESS the Honorable JOHN FAUCHERAUD GRIMKE, Esquire, Senior Associate Judge of the said State, at ***Lancaster court house*** the ***second*** Monday after the fourth Monday in ***March*** in the Year of our Lord one thousand eight hundred and ***nine*** and in the ***thirty third*** Year of the Sovereignty and Independence of the United States of America. > > ***Blanding*** Plaintiff's Attorney. > > [Left margin:] Jno. Simpson Clerk --- **Img. 9 - Back of the fi. fa. (endorsements)** > Filed in my office 20th > July 1809 > [initials, illegible - sheriff] > > John Love > vs } Fi. Fa. in Assumpt > Tho: Hilliard > John Hilliard & > Gayden Petty > > Blanding > > Verdict - $75.- > Attos costs $23.- > Clks do 8.34 > Shffs do [struck: 6.50] > Ned. Cato 2 - 39.84 > 114.84 > > Ent[ere]d Return [?] } 96 [?] > Shff of Lancaster [?] } > [initials, illegible]