# Lancaster County, SC - Court of Common Pleas - Judgment Roll 3146

| | |
|---|---|
| **Case** | M. Clinton v. Elisha Blackman (Blackmon), Executor of Samuel McCorkle, deceased |
| **Dates** | 1840-1846 |
| **Roll** | Roll 3146 |
| **Pages in source images** | 8 |

## Source

Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 3146. 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 [3146](3146/), 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, 2, 3, 4, 7 and 8 were photographed sideways or upside down and were rotated for reading.
- No box number appears on the papers photographed.
- The declaration (Img. 2) is written in a rapid, cramped hand. The testator's surname, "McCorkle," is confirmed by the writ (Img. 8) and the sheriff's return (Img. 5). Several words of the declaration remain uncertain and are marked.
- The plaintiff, M. Clinton, was himself an attorney, and acted for himself.

## Transcription

**Img. 8 - Original writ (printed form: "Writ in Debt - Pegues print")**

> 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 bod***y of [struck: illegible] Elisha Blackman Exor of Samuel McCorkle decd*** the Defendant wheresoever found within your and each of your respective Districts, so that you compel the said Defendant 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 ***first*** Monday ***after the fourth*** Monday in ***October instant*** [struck: next], to answer to ***M. Clinton of a plea of trespass on the case also for certain promises and assumptions by the said Testator in his lifetime to the said Plaintiff made and not performed to the damage of the said Plaintiff six hundred*** [struck: of a Plea that the Defendant render unto the Plaintiff the sum of ... Dollars ... Cents, which to the said Plaintiff the said Defendant owe and from the said Plaintiff unjustly detain to the damage of the said Plaintiff] 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, ***S. Beckham*** Esquire, Clerk of the Court of Common Pleas, in and for the District of ***Lancaster*** the ***Eleventh*** day of ***October*** in the year of our Lord one thousand eight hundred and forty ***three*** and in the ***sixty eighth*** year of the Sovereignty and Independence of the United States of America.
>
>     ***Clinton*** Plaintiff's Attorney.
>
> [Left margin:] S. Beckham Clk

**Img. 7 - Back of the writ**

> [Left panel:]
> Entd. 13 Oct. 1843
>     H. Hancock
>
> Shff. I have by B. Hancock left a copy of this writ at the residence of the defendant 14 Oct. 1843
>     H. Hancock
>     S.L.D.
>
> Ent - .25
> Ser - 1.00
> 10 m[iles] - .50
>          1.75
>
> [Center panel:]
> 161
> Lancaster
> M. Clinton
>    v } Writ in Assmpt.
> Elisha Blackman
> Exr.
>
> $600
>
> Clinton
>
> Original
>
> Service proven before me
> 14 Oct 1843
>     S. Beckham Clk

---

**Img. 1 - Docket cover of the declaration, with confession of judgment**

> [Right panel:]
> Roll 3146
> Lancaster
>
> M. Clinton
>    vs } Assmpt.
> Elisha Blackman
> Exr
>
> Clinton
>
> Filed 4 March 1844
> Order for Judgt. same day
>     S. Beckham
>     Clk
>
> I confess Judgment in the above case for three hundred dollars with interest from the 4th July 1843.
>     Elisha Blackman
>
> [Left panel:]
> Recorded in Book [illegible]
> page 90 [?]
>     S. Beckham
>     Clk
>
> Confession - $300
> Int. fr. 4 July 1843
>
> Atty - $11
> Clk - 5.12
> Shff - 1.75     17.87
>          $317.87
>
> Jd. 26 Decr 1844
>     S. Beckham
>     Clk

**Img. 2 - Declaration**

> State of South Carolina }
> Lancaster District }
>
> Elisha Blackman Executor of the last will and testament of Saml. McCorkle decd was attached to answer to M. Clinton of a plea of trespass on the case & so forth. Whereupon the said Plaintiff by Clinton his attorney complains, for that the said Samuel in his lifetime, to wit, on the 16th [?] in the year of our Lord one thousand eight hundred and forty, at Lancaster Court House in the State and District aforesaid, and within the jurisdiction of this Honorable Court, being indebted to the said Plaintiff in the sum of three hundred dollars, for labor and services rendered by the Plaintiff to & for the said Testator in a certain cause in Equity which the said testator had with and against [illegible], the said testator in his lifetime promised that he would well and truly pay to the said Plaintiff the said sum when he should be thereunto afterwards required.
>
> And the said Plff further complains for that heretofore, to wit, on the first day of October in the year of our Lord one thousand eight hundred and forty three in the State and District aforesaid & within the jurisdiction of this Honorable Court, in consideration that the testator in his lifetime, to wit, on &c., commenced a certain cause in Equity against [illegible], & before said cause was ended & finally concluded the testator died, & in consideration that the Executor aforesaid employed the plaintiff as solicitor in Equity to [prosecute?] the proceedings commenced & conduct the proceedings thereon to a final end & conclusion, the said Executor promised to pay the Plaintiff therefor, the other sum of three hundred dollars when he should be required. (Quantum meruit & valebat counts added.)
>
> Yet although requested, the testator nor Executor hath paid either of the sums of money &c., & although often requested, to the damage of the Plaintiff six hundred dollars wherefore he brings suit &c.
>
>     Clinton Pff Atty

*[The name of the opposing party in the Equity suit could not be read with confidence.]*

---

**Img. 6 - Judgment by confession (printed form: "Judgment by confession in Case - Pegues print")**

> And the said ***Elisha Blackman Executor*** come***s*** and defend***s*** the force and injury, when and so forth, and say***s*** that ***he*** cannot deny the action of the said ***M. Clinton*** nor but that the said ***M. Clinton*** hath sustained damages by reason of the non-performance of the promise and assumption aforesaid, to ***the amount of three hundred dollars with interest from fourth day of July 1843*** as ***he*** the said ***M. Clinton*** above, by declaring, suppose***s*** and upon this the said ***M. Clinton*** pray***s*** judgment and those damages so acknowledged, together with ***his*** costs and charges by ***him*** about ***his*** suit in this behalf sustained, to be adjudged to ***him*** and so forth.
>
> THEREFORE, it is considered that the said ***M. Clinton*** do recover against the said ***Elisha Blackman Executor*** the damages aforesaid to ***him*** above acknowledged, and also ***seventeen dollars 87 cents*** for ***his*** costs and charges aforesaid, with ***his*** assent by the said Court now herewith adjudged, which said damages in the whole amount to ***three hundred and seventeen dollars 87 cents*** and the said [blank] be in mercy, and so forth.
>
> [Top margin:] Judgt. Entd. up & Signed 26 Decr 1844
>     S. Beckham Clk

---

**Img. 4 - Writ of fieri facias (printed form: "Fi. Fa. in Case, Pegues Printer")**

> 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, and other hereditaments and real estates of ***Elisha Blackman Executor of the last will & testament of Samuel McCorkle decd*** you cause to be levied the sum of ***three hundred dollars with interest from 4 July 1843 & seventeen dollars 87 cents costs*** which ***M. Clinton*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster*** Court House, lately recovered against the said ***Elisha Blackman as Executor*** for damages sustained by the said ***M. Clinton*** as well by reason ***of the non performance of certain promises & assumptions by the said testator in his lifetime*** as for ***his*** cost and charges by ***him*** expended in and about prosecuting ***his*** suit in that behalf, whereof the said [blank] 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 ***first*** Monday after the fourth Monday in ***March*** next, to render to the said ***Plaintiff for his*** damages, cost and charges aforesaid. AND have you there this Writ "according to law."
>
> WITNESS, ***S. Beckham*** Esquire, Clerk of the Court of Common Pleas, for ***Lancaster*** District, the ***26*** day of ***Decr*** in the year of our Lord one thousand eight hundred and ***forty four*** and in the ***sixty ninth*** year of the Sovereignty and Independence of the United States of America.
>
>     ***Clinton*** Plaintiff's Attorney.
>
> [Left margin:] S. Beckham Clk

**Img. 5 - Back of the fi. fa. (levy on an enslaved boy, sale, and accounts)**

> [Left panel:]
> Entd. 26 December 1844
>     H. Hancock
>
> I have levied on one negro boy [struck: illegible] Simpkin [?] as the property of the Estate of Samuel McCorkle 26 Dec 1844
>     H. Hancock
>
> Sold 3 Feb 1845 & bid off by M. Clinton Esq. @ $205 -
>
> [Calculation:] 50 / 150 / 1.00 / 30 / 3.30 / 4.10 / 7.40
>
> Entd. 8 March 1845
>     J. Adams
>     Clk
>
> [Center panel:]
> 108
> Roll 3146
> Lancaster
>
> M. Clinton
>    v } fi fa in Asspt.
> Elisha Blackman
> Exr of Saml McCorkle
>
> [Written diagonally across the panel:] Satisfied [?] by the Executor [?] [illegible]
>
> Clinton Pff atty -
>
> Confession - $300 -
> Int. fr. 4 July 1843
> Atty - $11
> Clk - 5.12
> Shff - 1.75     17.87
> Jan [?] - .12
> Hancock - .40
>
> 4 [?] for [?] pd
> Pff says wait 1st Feb 1845
>
> [Right panel, accounts:]
> Con. - .300
> Int. fr. 4 July '43 till 5 Aug '44 } 22.35
>          322.35
> Rd by Pff - 105
>          217.35
> Int. till 3 Feb '45 - 7.60
>          $225.35
> [struck: Rd by sale negro]
> Atto - 11
> Ck - 5.12
> Han[cock] - 9.12
> Jailer [?] - 6.13
>          31.37
>          256.72
> Rd for Sale - 205
>          51.72
> Int. till 3 July - 1.51
>          53.23
> Shff A[dams] - .50
> Coms. - 1.06
>          1.56
>          $54.79
> Int. on $51.72 from 1 July 1845 to 1 Feby 1846 - 2.11
>          $56.90
>
> [Written vertically along the right edge:]
> Received fifty six dollars 90 cents balance of this Execution from the Exor [?] or [?] per contra [?] above, also my fees in this case [illegible] 13 [?] 1846 [?] (expenses [?])
>     M. Clinton

*[The enslaved boy's name is written over a struck-out word; the reading "Simpkin" is uncertain. The right-hand receipt is cramped and partly illegible.]*

**Img. 3 - Receipt for a partial payment**

> M. Clinton
>    v } Assumpsit
> Elisha Blackman
> Exr of Saml McCorkle
>
> Recd by the hands of J. B. [?] Neals [?] [illegible] for [illegible] one hundred and five dollars in part of the above case. Augt 5 1844
>     M. Clinton

*[The receipt is written in a hurried hand; the payer's name is uncertain. The $105 matches the payment credited on Img. 5.]*