# Lancaster County, SC - Court of Common Pleas - Judgment Roll 2032

| | |
|---|---|
| **Case** | Martin Phillips, Ann Elizabeth Phillips now Carter & Alexander Carter, Rebecca Phillips, Nancy Phillips now Brenan & Thomas Brenan, and Zachariah Phillips by his guardian Robert Yates, heirs at law of Zachariah Phillips, deceased, v. John J. Blackman (trespass to try title) |
| **Dates** | 1829-1833 |
| **Roll** | Box 43 [?], Roll 2032 |
| **Pages in source images** | 23 |

## Source

Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 2032 (Box 43 [?]). 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 [2032](2032/), 23 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:**

- Most sheets were photographed sideways or upside down and were rotated for reading. The transcription follows the order the case unfolded.
- The defendant is "Blackman" in most papers and "Blackmon" in some.
- The box number on the docket cover is written over and uncertain.
- Img. 17 is the back of a costs sheet whose entries ("Witness's Papers") are all scribbled through; it is not transcribed.
- The surveyor's bill (Img. 16) is written in a large hand whose figures are partly obscured; its amounts are given only where they could be read.

## Transcription

**Img. 18 - Original writ (printed form: "Copy Writ - Camden Press")**

> 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 body of John J. Blackmon*** wheresoever ***he*** may be found within your and each of your respective districts, so that you compel ***him*** 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 ***fourth*** Monday after the fourth Monday in ***March [struck: last]*** next, to answer to ***Martin Phillips, Rebecca Phillips, Elizabeth Phillips, Nancy Phillips and Zach Phillips by their guardian Robert Yates, heirs at law of Zachariah Phillips dd. of a plea, wherefore with force and arms, the close or plantation of them the said Martin, Elizabeth, Nancy & Zachariah, situate in the Dist. & State aforesaid, on the waters of Flat Creek containing four hundred and twenty acres more or less the said John J. did enter, and them the said Martin Elizabeth Nancy and Zachariah did eject & hold out &c their soil did dig up and other wrongs & injuries to the said Martin Elizabeth Nancy & Zachariah then & there did contrary to the peace & dignity of the said State & to their damage five thousand Dollars*** [struck: of a Plea of trespass on the case and so forth; also for certain promises and assumptions by the said ... to the said ... made and not performed, to the damage of the said ...]
>
> AND have you there this WRIT, before the Clerk of the said Court, [struck: fifteen days next before the sitting of the said Court].
>
> WITNESS ***John Adams*** Esquire, Clerk of the Court of Common Pleas, for ***Lancaster*** District, the ***24*** day of ***March*** in the year of our Lord one thousand eight hundred and twenty-***nine*** and in the ***53rd*** year of the Sovereignty and Independence of the United States of America.
>
>     ***Rogers & Carter*** Plaintiff's Attorney.
>
> [Left margin:] Jn. O. Adams Clerk

*["Rebecca Phillips" and "by their guardian Robert Yates" are written above the line, added later; see the order of court below.]*

**Img. 19 - Back of the writ**

> [Left panel:]
> Entered in my office
> 25 March 1829
>     Wm. Williams S.L.D.
>
> I have personally served the defendant with a copy of this writ 26 March 1829
> 12 miles
>     Wm. Williams S.L.D.
>
> [Center panel:]
> 12
> Lancaster
> M. Phillips
> et al
>    v } Writ in Trespass to try titles
> J. J. Blackman
>
> Rogers & Carter
> P attys
>
> This action is brought as well to try titles as for damages.
>     Rogers & Carter P attys
>
> (Orig.)

---

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

> Roll No. 31
> Lancaster
> B43 [?] R 2032
>
> M. Phillips et al
>    v } Decl. in Trespass [to try title?]
> John J. Blackman
>
> Rogers & Carter Plffs Attys
>
> 1111
>
> Filed 20 Feby 1830
> Rule posted same day
> Ord. for Jud. 20 March 1830
>
> We find for the Defendant in this case
>     John Mills [?] Foreman
> 30 Apl [?] 1832
>
> Recorded in Book G [?] Page 32 [?]
>     [J. O. Adams] Clerk

*[The foreman's name is cramped here; the judgment names him John Mills.]*

**Img. 2 - Declaration, with plea**

> The State of South Carolina } In The Court of Common Pleas
> Lancaster District } To Wit
>
> John J. Blackman was attached to answer to Martin Phillips, Ann Elizabeth Phillips now Carter, Alexander Carter, Rebecca Phillips, Nancy Phillips now Brenan and Thomas Brenan and Zachariah Phillips by his guardian Robert Yates, heirs at law of Zachariah Phillips Deceased of a plea Wherefore with force and arms the close or plantation of them the said Martin, Elizabeth, Nancy and Zachariah, situate in the District and State aforesaid on the waters of Flat Creek, containing four hundred and twenty acres, more or less, the said John J. did enter and them the said Martin, Elizabeth, Nancy and Zachariah did eject and hold out and so forth
>
> And Whereupon the said Martin, Elizabeth, [Rebecca], Nancy and Zachariah By Rogers & Carter their Attornies complain for that the said John J. on the [blank] day of [blank] 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, with force and arms, the close or plantation of them Martin, Elizabeth, Rebecca, Nancy and Zachariah, situate in the District and State aforesaid, on the waters of Flat Creek containing four hundred and twenty two acres, more or less bounded as follows, By a line running North East by William Johnson's land and South East by William Blackman's land, South West and South East by Thomas Small's land, South West by Thomas Frizzel's land, having such form and shape as the platt annexed to the original Grant will shew, did break and enter, and them the said Martin, Elizabeth, Nancy and Zachariah therefrom did eject and hold out and their soil did dig up and other wrongs and injuries to the said Martin, Elizabeth, Rebecca, Nancy and Zachariah then and there did contrary to the peace of the same State aforesaid and to their damage five thousand dollars And therefore they bring their suit and so forth.
>
>     Rogers & Carter Pltffs Attys
>
> And the said deft by Williams his attorney comes and defends the wrong & injury when &c and says he is not guilty as plff above by pleading alledges & of this he puts himself on the country &c.
>     Williams Defts Atty
>
> & Plff doth the like.
>
> Defendant also pleads liberum tenementum.
>     Williams Defts Atty

*["Ann Elizabeth Phillips now Carter, Alexander Carter," "Nancy Phillips now Brenan and Thomas Brenan," "Rebecca" and "by his guardian Robert Yates" are interlined, added after the order of court below. "Liberum tenementum" is the plea that the land was the defendant's own freehold.]*

**Img. 11 - Order of court adding parties**

> Martin Phillips
> et al.
>    v } Trespass to try title
> John J. Blackman
>
> On Motion of Rogers & Carter Plffs Attys Ordered that the names of Alexander Carter and Thomas Brenan be inserted in the declaration in this case and that they be permitted to become parties thereto, in the right of their wives, with whom they have intermarried, and that they have leave to use the name of Robert Yates, who is the Guardian of Zachariah Phillips, a minor under the age of twenty one years, and that they have leave to insert the name of Rebecca Phillips in the writ and declaration who is entitled to a share of the land in dispute with the other parties to this suit.

**Img. 12 - Back of the order**

> Martin Phillips
> et al
>    v } Order to amend & add parties
> J. J. Blackman

---

**Img. 13 - Notice of survey, 30 March 1832**

> Lancaster 30 March 1832
>
> J. J. Blackman Esqr.
> Dr. Sir -
>
> You are hereby notified that I will attend on the lands in Dispute between M. Phillips et al vs J. J. Blackman on the 17th April next as plaintiffs Surveyor, for the purpose of surveying the same & making a platt thereof -
>     Saml. Alston
>     D.S.

**Img. 14 - Back of the notice**

> [Left panel:]
> Entd. 31st March 1832
>     William Williams Shff
>
> I have by Wm. M. Barton [?] my lawful deputy [served] personally J. W. [sic] Blackmon with a copy of this notice 2 Apl 1832
>     Wm. Williams Shff
> 12 m[iles]
>
> [Center panel:]
> 190
> M. Phillips et al
>    v } Notice of Survey
> J. J. Blackman
>
> (Orig.)
>
> 120.67
> 119.70
>    .97

**Img. 3 - Surveyor's bill (for the defendant)**

> Surveyor's Bill
> 4 Days attendance on Survey - $12.00
> 2 - attg Court - 2.00
> 3 - Surveying - 3$ - 9.00
> 6 - attg Court - 6.00
> 1 - do - 3.00 [?]
> 1 - Surveying - 3.00
> 3 - attg Court - 3.00
> 1 Platt & Representation - 6.42
>          $44.42
> Deduct 2 platts - 4.28
>          $40.14

**Img. 16 - Bill of the plaintiffs' surveyor, Stephen R. Boykin [?]**

> M. Phillips & others
>    v } 
> John J. Blackman
>
> 1829 Augt. 17 - For 4 Days attending on the above Survey - [$8.00 ?]
> Fall Term - 2 Days attending Court
>           - 1 Day coming to Court 45 Miles
> 1830 March 1 - 1 Day returning
>           - 1 Day Surveying
>           - [illegible] Days attending Court
>           - 1 Day coming to Court 45 Miles
> 1831 Spring Term - 1 Day returning
>           - [illegible] Days attending Court
>           - 1 Day coming to Court 45 Miles
> Fall Term - 1 Day returning
>           - 1 Day Surveying with [Alston?]
>           - 1 Day coming to Court 45 Miles
> 1832 March 17 [?] - 3 Days attending Court
>           - 1 Day coming to Court 45 Miles
>           - 1 Day returning
> One Platt in the above Case & representation
>
> South Carolina } Stephen R. Boykin [?] being duly sworn saith that the above bill of costs is correct to the best of his knowledge.
> Lancaster Dist. }
> Sworn to this 27 [?] Apl 1832
>     S. R. Boykin [?]
>     J. O. Adams [?] Clk

*[The money column of this bill is partly blotted; the amounts are not given.]*

---

**Img. 4 - Affidavit of Wiley Blackman (chain carrier)**

> South Carolina } Wiley Blackman came before me and made oath that he
> Lancaster District } [was] called on by John J. Blackman to carry the chain in a survey and lands in dispute between him and the heirs [of] Philips and that he served four days as such.
> Sworn to and subscribed this 26 of April 1832 before me
> John Hancock J.Q.          Wiley Blackman
>
> Day 4
> Sur 3
>     7

**Witness subpoena tickets (printed forms)**

*[Each ticket names one witness, to appear at Lancaster Court House on the fourth Monday after the fourth Monday in March, between Z. Phillips et al, Plaintiff, and John J. Blackmon, Defendant, on the part of the Defendant, dated at Lancaster in April 1832 and signed "Williams Defts Atty" (with "McWillie & Howard" struck through). The affidavits of attendance on the backs follow the table.]*

| Img. | Witness | Dated |
|---|---|---|
| 5 | Wiley Blackmon | [first?] April 1832 |
| 5 | J. H. Blair [?] | tenth April 1832 |
| 7 | Riley Cato | tenth April 1832 |
| 7 | John W. Blackmon | tenth April 1832 |
| 9 | Henry Weaner | tenth April 1832 |

**Imgs. 6, 8 and 10 - Affidavits of attendance (backs of the tickets)**

> South Carolina } Wiley Blackmon came before me and made oath that he
> Lancaster District } attended three days on the within subpoena.
> Sworn to & subscribed this 26th of April 1832 before me
> John Hancock J.Q.          Wiley Blackmon
>
> Personally appeared before me J. H. Blair [?] and on oath saith he has attended on the within subpoena one Day. Sworn to before me this 26 of April 1832
>     J. H. Blair [?]
> [illegible] J.Q.
>
> South Carolina } Riley Cato came before me
> Lancaster District } and made oath that he attended three Days in obedience to the within subpoena.
> Sworn to and subscribed this 26 of April 1832 before me
> John Hancock J.Q.          Riley Cato
>
> South Carolina } John W. Blackmon came before me and made oath that he attended
> Lancaster District } three days in obedience to the within subpoena.
> Sworn to and subscribed this 26 of April 1832 before me
> John Hancock J.Q.          John W. Blackmon
>
> South Carolina } Henry Weaner Came before me and
> Lancaster District } made oath that he attended three Days in obedience to the within subpoena.
> Sworn to and subscribed this 26 of April 1832 before me
> John Hancock J.Q.          Henry Weaner

---

**Img. 20 - Judgment**

> South Carolina }
> Lancaster District }
>
> 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 the said Martin Phillips Elizabeth Phillips Nancy Phillips and Zachariah Phillips the Plaintiffs by their Attorney and the said John J. Blackman by his attorney, the said cause having been regularly at issue, which issue was regularly continued divers Terms to the day aforesaid, and the said parties by their attornies now come and say they are ready to try the truth of the issues so made and joined as aforesaid, and demanding a Jury, according to the acts of assembly in such cases made & provided It is ordered that the Sheriff of Lancaster district do summon forty Eight good and Lawful men according to the said act of assembly, which being done the Jurors aforesaid being summoned some of them to wit John Mills Foreman come and being empannelled & sworn to try the truth of the said Issues so made and joined as aforesaid, do by their verdict say they find the said Issues so joined for the defendant.
>
> Therefore It is considered by the said Court now here, that the said defendant do recover against the said Plff, the lands so described and set forth in the pleadings, and his costs and charges by him expended in and about prosecuting his defence in this behalf. [struck: which] by the Court now here with them assent adjudged: Which Costs and Charges in the whole amount to One Hundred & twenty Dollars Sixty seven cents, and be the said Plaintiffs in mercy &c.
>
>     Williams Defts Atty
>
> [Left margin:] Judt. Entd. up & Signed 30 Apl 1832
>     Jn. O. Adams Clerk

**Img. 21 - Back of the judgment (bill of costs)**

> John J. Blackman
>    ads } Judt.
> M. Philips et al.
>
> Williams
>
> Jud[gmen]t
> Argt. on [illegible] - $4.00
> Sp. plea - 4.00
> [illegible] - 4.00 [struck]
> Sub. Writs - 3.00
> Argt. [illegible] - 5.00
> 2 Appeals [?] - 5.00
> 5 Sub. Writs [?] Spring term 32 - 5.00
>          $26.00
>
> Clk - [?] 00
> Shff - Writs 1.60
>        Return 1.10
> Witness
> Stephen Boykin - 40.14
> John W. Blackman - 3.00
> Wylie Blackman - 7.00
> J. H. Blair - 1.00
> Henry Weaner - 3.00
> Riley Cato - 3.00
>          $92.84

---

**Img. 22 - Writ of fieri facias for costs (printed form: "Fi. Fa. for Principal and Interest - Camden Press")**

> 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, Lands and other Hereditaments and Real Estates of ***Martin Phillips, Elizabeth Phillips, Nancy Phillips and Zachariah Phillips*** you cause to be levied, the sum of ***One hundred & twenty dollars sixty seven Cents*** [struck: and also the interest which shall accrue on ... being the principal sum of the judgment in this case, from the ... day of ... in the Year of our Lord one thousand eight hundred and ... up to the day on which such levy shall be made and satisfaction entered on this execution], which ***John J. Blackman*** in the Court of Common Pleas before the Judges of the said State at ***Lancaster*** Court-house, lately recovered against the said ***Martin, Elizabeth, Nancy & Zachariah*** for ***Costs*** [struck: damages] sustained by the said ***John J. Blackman*** [struck: as well by reason of promises and assumptions by the said ... to the said ... made and not performed as for] ***in defending his*** [struck: Costs and Charges by ... expended in and about prosecuting] Suit in that behalf, whereof the said ***Martin, Elizabeth, Nancy & Zachariah 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, according to Law, to render to the said ***John J. Blackman for his*** [struck: 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 ***John Adams*** Esquire, Clerk of the Court of Common Pleas, for ***Lancaster*** District, the ***thirtieth*** day of ***April*** in the year of our Lord one thousand eight hundred and ***thirty two*** and in the ***fifty sixth*** year of the Sovereignty and Independence of the United States of America.
>
>     ***Williams Defts*** [struck: Plaintiff's] Attorney.
>
> [Left margin:] Jn. O. Adams Clerk

**Img. 23 - Back of the fi. fa. (levy on land, sale and costs)**

> [Left panel:]
> Entd. 1st May 1832
>     Wm. Williams Shff
>
> I have by Wm. M. Barton [?] my lawful deputy, levied on one tract of land lying on the waters of Flat Creek containing four hundred & ninety [?] acres more or less adjoining lands of the Estate of Samuel Caston, Wm. Blackmon [?], A. M. Caston, Wylie Blackmon & others as the property of the [defendants?] 9 March 1832 [?]
>     Wm. Williams Shff
> 14 m[iles] 3 [?]
>
> [Center panel:]
> 862
> Lancaster
> John J. Blackman
>    ads } Fi. Fa. for Costs
> M. Phillips
> et al
>
> Williams D. Atty
>
> Atty - $26 -
> Clk - 11 Paid
> Shff - 2.70
> Surveyor - 63.94 [?]
> J. W. Blackman - 3 -
> Wylie Blackman - 7 -
> J. H. Blair - 1 -
> H. Weaner - 3 -
> R. Cato - 3 -
>          $120.67
>
> Pd. Boykin's Surveyg ... [illegible]
>
> [Clerk's account:]
> Attys [?] Writ - 8 -
> do 1st [?] [illegible] - 3 -
> Any [?] Platt - 5 -
> do Ct. Appeal - 5 -
> 2 fa writs - 5 -
>          $26
> Clk
> Writ & Decl. - 1.00
> J. & Ex. - 1.00
> Plea - 1.00
> Record - 2.00
> Sum [?] - 1.00
> Copy Order - 1.00
> Swearing & Witnesses - 1.00
> Rule - .50
> 5 Jurors - 2.50  $11.00
>
> Paid to A. Carter $20.46 [?] his [?] distributive Share of the overplus of the sale of land after paying of this case 16 Jan. 1838 [?]
>
> [Right panel, written across the sheet:]
> Sold, the land in this case was bid off by N. B. Duggins [?] at two hundred & fifty dollars 8 Jan. 1833
>     Wm. Williams Shff
>
> $100 Recd. in part of bid 8 Jan. 1833
> Bal. paid & titles made 15 Jan. 1833

*[The sheriff's return of the levy is in a cramped hand; the acreage and the list of neighbors are uncertain. The buyer's name and the date of the payment to A. Carter are also uncertain.]*

**Img. 15 - Affidavit of the sheriff that the fi. fa. was lost**

> John J. Blackman
>    ads } Fi. fa. for costs
> Martin Phillips
> E. Phillips
> N. Phillips &
> Z. Phillips
>
> South Carolina } Personally appeared
> Lancaster District } William Williams Shff of Lancaster District and says on oath that the above fi fa is lost or mislaid.
> Sworn to before me
> 14 Nov 1832
>     J. O. Adams [?] Clk          Wm. Williams Shff