# Lancaster County, SC - Court of Common Pleas - Judgment Roll 213 | | | |---|---| | **Case** | John Love v. Gayden Pettey | | **Dates** | 1809-1812 | | **Roll** | Roll 213 | | **Pages in source images** | 8 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 213. 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 [213](213/), 8 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, 3, 4, 5, 6 and 7 were photographed sideways or upside down and were rotated for reading. - No box number appears on the papers photographed. The judgment docket cover (Img. 1) has a roll number in the top corner that could not be read with certainty. - The declaration and writ name the defendant "Gayden Pettey"; the writ, judgment and letter spell it "Petty." ## Transcription **Img. 4, left - Docket cover of the declaration** > John Love > vs } Declon in Assmpt > Gayden Pettey > > Blanding > > Filed March 1st 1811 > Rule posted the same day > > We find for the plaintiff ninety five dollars and fifty cents and interest from 9th Augt 1809 > > Zadock Perry foreman > > Note - 95.50 > Int - 11.13 > 106.63 > Attos costs - 21.85 --- **Img. 3 - Declaration** > South Carolina } To wit. > Lancaster court house } > > Gayden Pettey was attached to answer to John Love of a plea of trespass on the case and so forth, whereupon the said John by Abram Blanding his attorney complains that whereas the said Gayden on the ninth day of August in the year of our Lord one thousand eight hundred and nine at Lancaster Court house in the District and State aforesaid made his certain note in writing commonly called a promissory note his own proper hand being thereunto subscribed, by which said note in writing the said Gayden ten days after the date of the said note promised to pay John Love or order the sum of one hundred and ninety five Dollars and fifty Cents for value received by him of 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 Gaden became liable to pay to the said John the said sum of money in the said note mentioned according to the tenor and effect of the said note and being so liable he the said Gayden in consideration thereof afterwards to wit on the same day and year aforesaid at Lancaster court house in the District and State aforesaid undertook and then and there faithfully promised that he the said Gayden would well and truly pay the said John the said sum of money in the said note mentioned according to the tenor and effect of the same whenever he should afterwards be thereunto required - Never the less the said Gayden in nowise regarding his promise and assumption so made in form aforesaid, but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said John in this behalf has not paid the said John the said sum of money in said note mentioned or any part thereof altho often thereunto afterwards requested to wit on the day and year aforesaid at Lancaster Court house in the District and State aforesaid but has hitherto refused and still does refuse to pay the same to the damage of the said John four hundred dollars therefore he brings suit and so forth > > Blanding Plffs Atto --- **Img. 4, right - Copy of the note, plea and joinder** > Copy note > > Ten days after date I promise to pay or cause to be paid unto John Love or order the sum of one hundred and ninety five Dollars and fifty cents with interest from the date for value rec'd as witness my hand this 9th August 1809 [?] > Gayden Pettey > > And the said Gayden by Clarke his attorney comes and defends the force and injury when &c and says he did not promise and assume in manner and form as the said John hath complained against him & of this he puts himself upon the country &c. > Clarke > Defts atty > > And the said John does so likewise &c > Blanding Plffs Atto *[The declaration and the copied note both give the amount as one hundred and ninety five dollars and fifty cents, but the verdict and the bill of costs use $95.50 for the note.]* --- **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 body of Gayden Petty*** 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 ***[struck: illegible] second*** Monday after the fourth Monday in ***October*** next, to answer to ***[struck: illegible] John Love of a plea of trespass on the case and so forth and also for certain promises and assumptions by the said Gayden to the said John made and not performed to his damage four 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 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 ***ten*** and in the ***thirty fourth*** Year of the Sovereignty and Independence of the United States of America. > > ***Blanding*** Plaintiff's Attorney. > > [Left margin:] Tho: Salmond C.C.P. --- **Img. 6 - Back of the original writ (endorsements)** > [Left panel:] > Filed in my office 3d [?] > October 1810 > Perry S.L.D. > > Service & Mileage - $3.00 [?] > > [Center panel:] > John Love > vs } Writ in Asmpt > Gayden Petty > > Blanding > > [Right panel, below the printed notice, which is crossed out:] > I have personally [struck: served] left at the house of the within named Defft [struck: with] a Copy of this Writ with the legal notice thereon indorsed this 20th Octr 1810 > Perry S.L.D. --- **Img. 2 - Judgment** > Therefore it is commanded that the Sheriff of Lancaster do summon forty eight good and lawful men drawn by ballot pursuant to the directions of the acts of the general assembly of the said State in such case made and provided personally to be and appear at the court of common pleas to be holden at Lancaster court house the second Monday after the fourth Monday in March next in the year of our Lord one thousand eight hundred and eleven of whom to make a Jury by whom to try the issue aforesaid because as well the said John Love as the said Gayden Petty have thereof put themselves on the country - The same day is given to the parties aforesaid there and so forth. > > March Term 1811 > > At which day in the court of common pleas aforesaid come the parties aforesaid [struck: and the jurors aforesaid by consent of the said parties are continued till] by their attornies aforesaid and the Sheriff aforesaid having made due return of the venire facias aforesaid the jurors thereby summoned are called and certain of them to wit Zadock Perry foreman [blank] are [struck: called] drawn empannelled and sworn to speak the truth of and concerning the premises and upon their oaths say that the said [struck: William] Gayden Petty did promise and assume in manner and form as the said John Love hath thereof complained against him and they assess the damage of him the said John by reason of the non performance of the said promises and assumptions besides his costs and charges by him expended in and about prosecuting his suit in this behalf to one hundred and six dollars and sixty three cents - Therefore it is considered by the court now that the said John do recover against the said Gayden his damages so as aforesaid assessed and also thirty dollars and forty 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 thirty seven dollars and three cents - and be the said Gayden in mercy > > [Left margin, written vertically:] Judgment entered up and signed June 3d 1811 > Jno. Simpson Clerk --- **Img. 1 - Docket cover of the judgment (bill of costs)** > R6 [?] 218 [?] > Roll [?] [illegible] > > John Love > vs } Judgmt in Asmpt > Gayden Petty > > Blanding > > Judgment - $106.63 > Attos costs - 21.85 > Clk - 6.25 > Shff - 2.30 30.40 > 137.03 > > [At the foot of the cover:] June 3d 1811 *[The total written is 137.03, which agrees with the judgment; the column of figures adds to $137.03.]* --- **Img. 7 - Letter from A. Blanding to the clerk** > Nov. 1812 > > Sir. > > I will thank you to send me the original note which is in the record of John Love v. Gayden Petty - and also a copy of the assignment [?] on the back of the note > > Yrs &c [?] > A. Blanding > > [Added below in another hand:] > The above was sent to Mr. Blanding Nov. 19th 1812 **Img. 8 - Outside of the folded letter (address)** > John Simpson Esq.