# Lancaster County, SC - Court of Common Pleas - Judgment Roll 3308

| | |
|---|---|
| **Case** | Frederick, Sarah & Eveline (Eclina) Williams, infants, by their next friend John Adams, v. Susanna (Susannah, Susan) Caston (trespass to try title) |
| **Dates** | 1842-1846 |
| **Roll** | Roll 3308 |
| **Pages in source images** | 41 |

## Source

Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 3308. 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 [3308](3308/), 41 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.
- Img. 18 is a second photograph of the plat (Img. 17).
- The third plaintiff's name is written "Eclina," "Evelina," "Eveline" and "Emeline [?]" in different places. The defendant is "Susanna," "Susannah" and "Susan" Caston, sometimes written "Castor" or "Costow."
- About half the roll consists of printed subpoena tickets and subpoena writs, 1843-1846. The writs' returns are transcribed; the tickets and writs are summarized in tables giving only their handwritten details.
- Img. 3 is a slip quoting a clause of the will of Samuel Caston, filed as evidence. It is the only part of the will in the roll.
- The Vol. 1 index (page 28) lists this roll as "Caston, Susan ads Williams, F. et al," July [?] Term 1846.

## Transcription

**Img. 1 - Docket cover of the declaration, with verdict and next friend's undertaking**

> [Right panel:]
> 57     cont[inued]     Roll 3308
> Lancaster
> Sarah & Emeline [?]
>
> Frederick Williams
> et al by their next
> friend J. Adams
>    vs } Decl in try title
> Susana Castow
>
> $1000.
>
> Clintons
> Pltffs attys
>
> Filed 4^th March 1843
> Rule posted same day
>     S. Beckham
>     Clk
>
> I agree that my name be used as the next friend of the infants Frederick, Sarah & Eclina Williams in this action, & liable for costs if there is a failure to recover on their part, & that judg^t & Ex[ecutio]n go against me accordingly for such costs. (See original writ)
>     J. Adams
>
> Wright & McMullan
>
> [Left panel:]
> Verdict - $7 -
> Atty - 27
> Clk - 14.12 1/2
> Shff - 16.95
> Wit - 45.50
>
> Recorded in Book L page 205
>
> We find for the plaintiffs the land in dispute as described in a plat made by Leroy Secrest dated 29 Oct^r 1843 and Seven Dollars damages.
>     William Faulkner
>     Foreman
>
> Judgm^t Ent^d up & Signed & Fi. Fa. Issued - 20^th July 1846
>     H. R. Price
>     Clk

*["Wright & McMullan" at the foot are the defendant's attorneys. At the foot of the left panel, upside down and crossed out, is an earlier verdict: "[illegible] the [illegible] ... William Faulkner Foreman."]*

---

**Img. 2 - Declaration**

> State of South Carolina }
> Lancaster District }
>
> Susanna Castor was attached to answer to Frederick, Sarah & Eclina Williams, infants under the age of twenty one years, who sue this action by their next friend ____ of a plea of trespass, wherefore with force and arms the close or plantation of them, situate in the State and District afors^d, on the main road leading from Lancaster C.H. to Camden, containing five hundred acres more or less, she did break and enter & them therefrom did eject & hold out, the grass tread down, the soil subvert & other wrongs & injuries then & there did contrary to the peace and dignity of the said State, to their damage One thousand dollars.
>
> Whereupon through John Adams who has agreed to be the next friend of the said Frederick, Sarah & Eclina Williams infants aforesaid, by Clintons attorneys in this case, it is complained of on the part & behalf of the children aforesaid, infants, that the said Susanna with force and arms, on the [blank] day of October in the year of our Lord one thousand eight hundred & forty two in the State and District afors^d & within the jurisdiction of this Honorable Court, the close or plantation of the said Frederick, Sarah, & Evelina Williams situate in the State & District aforesaid, on the main road leading from Lancaster Court House to Camden South Carolina, containing five hundred acres more or less, beginning [blank space left for the boundaries]
>
> did break & enter & them the said infants therefrom did eject and hold out, the soil subvert, the grass tread down & other wrongs and injuries then & there did contrary to the peace & dignity of the said State, to their damage One thousand Dollars wherefore the next friend aforesaid brings suit.
>
>     Clintons pltffs attys

---

**Img. 36 - 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 Susanna Castow*** 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 ***Frederick, Sarah & Eveline Williams, infants under 21 years of age who sue this action by their next friend ____ of a plea of Trespass, wherefore with force and arms the close or Plantation of them situate in the State and District aforesaid, on the main road leading from Lancaster C.H. to Camden, containing five hundred acres more or less, she did break & enter & them therefrom did eject & hold out, the grass tread down, the soil subvert & other wrongs and injuries then & there did contrary to the peace and dignity of the said State to their damage one thousand*** [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 ***fourteenth*** day of ***October*** in the year of our Lord one thousand eight hundred and forty ***two*** and in the ***Sixty Seventh*** year of the Sovereignty and Independence of the United States of America.
>
>     ***Clintons*** Plaintiff's Attorney.
>
> [Left margin:] S. Beckham
>     Clk

**Img. 37 - Back of the writ (service, next friend's consent)**

> [Left panel:]
> Ent^d 14 Oct^r 1842
>     H. Hancock
>     S.L.D.
>
> By A. Mayer left a copy of this writ with a notice thereon endorsed at Defts residence 15 Oct 1842 10 m[iles]
>     H. Hancock
>     S.L.D.
>
> Ent - 25 / Ser - 1.00 / 10 m - 50     $1.75
>
> I agree that my name be used in this action as the next friend of the infants therein named
>     J. Adams
>
> [Center panel:]
> 288
> Lancaster
>
> Frederick Williams
> et al (by their friend)
>    vs } Writ in Try title
> Susanna Castow
>
> $1000.
>
> Clintons
>
> Original
>
> This action is brought as well to try the titles as for damages
>     Clintons
>
> A. M. [illegible]
>
> Service proven before me
>     S. Beckham
>     Clk

---

**Img. 15 - Notice of survey, 15 March 1843**

> Jn^o Adams
> the next friend of
> Fred^k Williams et al.
>    vs } Try title
> Susannah Caston
>
> The Deft will take notice that the Plaintiff will be on the land in dispute on the last [struck: Friday] Thursday in this month, to make a survey thereof, to be used on the trial.
> March 15. 1843          Clintons
>                         pltffs attys

**Img. 21 - Second notice of survey, 11 October 1843**

> Fred Williams
> et al. by their
> next friend J. Adams
>    vs } Try title
> Susanna Castow
>
> The Deft will take notice that the Plaintiffs will be on the land in dispute with their surveyor to make a survey of the land in dispute, to be used on the trial, on the Saturday before the Court of Com[mon] pleas at Lancaster C. H. for Lancaster District in Oct^r instant. The Defendant will be present if she thinks fit.
>     Clintons
> Oct^r 11. 1843          Pltffs attys

**Img. 20 - Back of the October 1843 notice**

> Ent^d 13 Oct 1843
>     H. Hancock
>     S.L.D.
>
> I have left the defendant a copy of this notice 14 Oct 1843
>     H. Hancock
>     S.L.D.
>
> Ent fee 1.25 / 10 m[iles] 50     1.75
>
> Lancaster     180
> Fred Williams
> et al by their
> next friend J. Adams
>    vs } Notice
> Susanna Castow
>
> Clintons
> pltffs attys
>
> Original

**Imgs. 17 and 18 - Plat and certificate of the resurvey, 29 October 1843**

> [The plat shows a five-sided tract crossed by the "Road from Lancaster to Camden," with "Mrs Caston's House" drawn beside the road. The adjoining lands are marked "S. Beckham's land" and "J. Johnston's land" (north), "Estate land West" [?], "Burrell Beckham" (south), and "Lands of the Estate of Douglass." Courses and distances are written along the lines (for example "S 12 E 68.50," "N 44 W 30"), with corners marked as stakes and trees. Scale: "20 Chains per Inch."]
>
> Williams pro al
>    vs } Trespass to Try Title
> Susan Caston
>
> South Carolina }
> Lancaster District }
>
> Pursuant to an Order of Court made in the above case, I have resurveyed the land in dispute. Bounded on the N.W. by S. Beckham's land, on the S.E. by Jonathan B. Johnston and estate lands of Wilson Rust [?], on the S.W. by Burrell Beckham, and on the N.W. by lands of the estate of Douglass, which hath such form and marks as the above plat represents.
> Survey 29^th October 1843.          By L. Secrest D.S.
>
> Burrell Beckham &  } Chainmen
> Franklin Beckham   }

*[The certificate gives "N.W." twice; one of them is probably meant to be N.E. The plat's figures are small and only partly legible.]*

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

> W^m Williams pro al
>    vs } Trespass to Try title
> Susan Caston
>
> Plat for Trial

**Img. 16 - Surveyor's bill**

> W. Williams pro al
>    vs } Trespass to try title } To L. Secrest Surveyor
> Susan Caston
>
> 1843 April - To 1 day on Survey @ $3 - $3.00
> Oct - " 1 day on Survey @ 3 - 3.00
>      " Plat for trial @ 2 - 2.00
>      " Witness F.T. 3 days @ 50 cts - 1.50
> 1844 - " Wit S.T. 5 days @ 50 - 2.50
>      " Wit F.T. 4 days @ 50 - 2.00
> 1846 April - " 1 day on Survey @ 3 - 3.00
>      " Wit 6 days S.T. @ 50 cts - 3.00
>      " Wit 2 days Extra Term - 1.00
>                                    $21.00

**Img. 23 - Third notice of survey, 10 March 1846**

> Fred^k Williams
> et al. by Friend
>    vs } Try title
> Susanna Caston
>
> The Defendant will take notice that the Plaintiffs will be on the land in dispute with their surveyor, to make a survey thereof to be used on the trial, on [struck: Tuesday] Wednesday the first day of April next.
> Mar 10. 1846          Clintons
>                       Pltffs atty

**Img. 22 - Back of the 1846 notice**

> Ent^d 11 Mar 1846
>     J. Adams
>     Shff
>
> I have left with [?] a copy of this notice 14 Mar 1846
>     J. Adams
>     Shff
>
> Ent 25 / Ser 1.00 / 10 m 50     1.75
>
> Lancaster     69
> Fred. Williams
> et al by next friend
>    vs } Notice of Survey
> Susanna Caston
>
> Clintons Pltffs atty
>
> Orig.
> 1 April

---

**Img. 3 - Extract from the will of Samuel Caston (evidence slip)**

> "The plantation whereon I now live, to her during the term of natural life & then to descend to her issue."
>                         Jackey Perry witness
>
> The will of Sam^l Castow.

*[The slip gives only this clause, with Jackey Perry's name as witness. The "her" is not named on the slip.]*

**Img. 14 - Notice from the defendant's attorney**

> F. Williams et al
>    vs } Try Title
> S. Caston
>
> The plffs or their atty will be required on the trial to produce a letter from plaintiffs father to Col M. Clinton in relation to an agreement made between him and deft about land in dispute or parol evidence of its contents will be offered.
>     Wright
>     D. Atty

**Img. 4 - Affidavit of A. Mayer about lost tickets, 21 July 1846**

> F. Williams Et al
>    vs } Try title
> Susanna Caston
>
> Personally appeared A. Mayer and upon oath saith that he had a subpoena ticket in the above stated case and at Fall Term 1845 six days, and Spring term 1846 served as a witness in the same case five days - & has lost or mislaid his tickets.
> Sworn to before me 21^st July 1846
>     H. R. Price          A. Mayer
>     Clk

---

**Subpoena writs and their returns**

*[Printed forms ("The State of South-Carolina ... YOU, and each of you, are hereby strictly required ..."). Only the handwritten details are given. All are on the part of the plaintiffs, and signed "Clintons Pltffs Attys."]*

| Img. | Witnesses named | Court named | Dated | Return on the back |
|---|---|---|---|---|
| 33 (back 34) | Jackey Perry | first Monday in June next [?] | 18 March 1844, S. Beckham Clk | Img. 34: "Ent^d 29 Mar 1844 H. Hancock S.L.D. / I have given the witness a ticket 29 March 1844 J. Adams D.S.L.D. / Witnesses Jackey Perry / Ent 25, Ser 50, 10 m 50, $1.25" |
| 27 (back 28) | Jackey Perry, Glass G. Caston [?], A. M. Caston | first Monday after the 4th Monday in October next | 21 [?] Oct 1845, H. R. Price Clk | Img. 28: "Ent^d 26 March 1845 [?] ... I have by [illegible] deputy served [illegible] by leaving a ticket [illegible] / Wits Jackey Perry, A. M. Caston, [illegible] / Ent 25, Ser 50, 10 m 50 [?]" |
| 31 (back 32) | Glass G. Caston, A. M. Caston, Jackey Perry | first Monday after the fourth Monday in October inst. | 31 Oct 1845, H. R. Price Clk | Img. 32: "Ent^d 1 Nov 1845 J. Adams Shff / Pers[onally] served each with a ticket 7 Nov 1845 J. Adams Shff / Jno Adams for F. Williams et al vs Susannah Caston, Sub Writ / Wits Glass G. Caston, A. M. Caston, Jackey Perry / Ent 25, Ser 50, 20 m 1.00, 1.75" |
| 39 (back 38) | Hiram Twitty, Jackey Perry, J. D. Johnston & A. M. Caston | third Monday after the fourth Monday in March next | 28 March 1846, H. R. Price Clk | Img. 38: "Ent 11 Ap^l 1846 J. Adams Shff / Serv^d each with [a ticket] 13 Ap^l 1846 J. Adams Shff / Lancaster S.T. 1846 (80) / Fed Williams by next friend vs Susan Caston, Sub Writ / Wits + Hiram Twitty, A. M. Caston, Jackey Perry, J. D. Johnston / Ent 25, Ser 50, 3 m [?] 1.50" |
| 41 (back 40) | Jackey Perry, Hiram Twitty, A. M. Caston | second Monday in July next | 2[?] June 1846, H. R. Price Clk | Img. 40: "Special Term 1846 / Ent^d 9 July 1846 J. Adams Shff / The wit are each served with a ticket 10 July 1846 J. Adams Shff / Wits Jackey Perry, Hiram Twitty, A. de Caston / Ent 25, Ser 50, 24 m 1.20, 1.95" |
| 29 (back 30) | J. D. Johnston | second Monday in July next | [1st?] July 1846, H. R. Price Clk | Img. 30: "Lancaster July Term 46 / F. Williams et al vs S. Caston, Sub Writ / Clintons Pltffs attys / Wit J. D. Johnston / Served personally 13 [?] July [?] 1846 [illegible]" |
| 35 | James H. Witherspoon | second Monday in July next | 2 July 1846, H. R. Price Clk | - |

**Subpoena tickets**

| Img. | Witness | Court named | Dated | Signed |
|---|---|---|---|---|
| 12 | J. H. Witherspoon (case styled "Jno Adams as the friend of Fed. Williams et al") | first Monday after the fourth Monday in Oct. next | 28 Oct 1845 | Clintons Pltffs Attys |
| 10 | Thos Twitty (for the defendant) | first Monday after the 4th Monday in Oct. next | 27 Oct 184[5] | Wright |
| 6 | Hiram Twitty | third Monday after the fourth Monday in March next | 28 March 1846 | Clintons Pltffs atty |
| 7 | J. D. Johnston | third Monday after the fourth Monday in March next | 28 March 1846 | Clintons Pltffs atty |
| 5 | J. D. Johnston | second Monday in July next | 1st [?] July 1846 | Clintons Pltffs atty |
| 8 | J. J. Blackmon | second Monday in July next | 2 July 1846 | Clintons Pltffs atty |
| 9 | Wm Blackmon | second Monday in July next | 2 July 1846 | Clintons Pltffs atty |
| 11 | Hiram Twitty | second Monday in July next | 8 July 1846 | Clintons Pltffs atty |
| 13 | J. H. Witherspoon (printed for Sumter District; "Lancaster" written over) | second Monday in July next | 2 July 1846 | Clintons Pltffs atty |

---

**Img. 25 - Judgment (printed form: "Postea Judgment on Issue Tried, and Verdict for Plaintiff - Camden Press")**

> AND now at this day, to wit, the ***Second*** Monday in ***July*** to which day the issue aforesaid, was continued in the Court of Common Pleas, at ***Lancaster*** Court-House, come the parties aforesaid, and the Sheriff of ***Lancaster*** District, as he has heretofore been commanded, returns, that he has summoned forty-eight good and lawful men, to be drawn by ballot, according to the directions of the Acts of the General Assembly of the said state, in such case made and provided, to be and appear before the Justices of the said State, at the Court aforesaid, to be holden at the place aforesaid on the ***Second Monday*** [struck: day] aforesaid, by whom, and so forth; and who neither, and so forth; to recognize, and so forth; because as well, and so forth. And afterwards, that is to say, on the day, and at the place aforesaid, before the Justices aforesaid, come as well the said ***Frederick Williams, Sarah Williams & Evelina Williams Pltffs by their next friend Jno Adams*** by ***their*** Attorneys aforesaid, as the said ***Susannah Caston defendant*** by ***her*** Attorney aforesaid; and the Jurors aforesaid, being demanded, some of them, to wit,
>
> ***William Faulkner Foreman, Samuel Byram, Zad Helton, Andw Johnston, S. Holchkiss [?], Magnus Lyles, Thos Richardson, J. Henson, C. H. Lathen [?], A. R. Culp, Elisha Garris [?] & J. Robertson***
>
> come, and being drawn by ballot, according to the directions of the said Acts of the General Assembly aforesaid, and sworn of the jury aforesaid, to say the truth of the within contained, do, on their oath say, that ***[struck: We find for the Plaintiffs the land in dispute as described in a plat made by Leroy Secrest dated 29 Oct 1843] the close or plantation of Plaintiffs [struck: illegible] she the deft with force & arms broke & entered & the Pltffs therefrom did eject & hold out, & find for the Pltffs in the following words "We find for the Plaintiffs the land in dispute as described in a plat made by Leroy Secrest dated 29 Oct 1843 and seven dollars damages"*** as the said ***Plaintiffs*** above, in ***their*** declaration ha***ve*** alleged against ***her*** and they assess the damages of the said ***Plaintiffs by reason of the premises*** over and above ***their*** costs and charges, by ***them*** about ***their*** suit in this behalf expended to ***be seven dollars***
>
> THEREFORE, it is considered, that the said ***Fred. Williams, Sarah Williams & Evelina Williams by their friend J. Adams have possession of the premises aforesaid & that they have a writ of possession*** do recover against the said ***Susannah Caston*** damages so found by the Jurors aforesaid; and also ***Seven dollars & [struck: the sum of Eighty four] the sum of One Hundred & three Dollars 57/100*** for ***their*** costs and charges aforesaid, to the said ***Pltffs*** by the said Court, now herewith ***their*** assent adjudged, and be the said ***Susannah Caston*** in mercy, and so forth.
>
> [Left margin, written vertically:] Judgment Entered up & Signed 20^th July 1846
>     H. R. Price
>     Clk

*[The jurors' names are cramped and several are uncertain. The cost figure is written over struck-out words; it is read as $103.57, which matches the bill of costs (Img. 26): attorney $27, clerk $14.12 1/2, sheriffs $6.50 and $10.45, witnesses $45.50.]*

**Img. 24 - Back of the judgment**

> Lancaster
> July Term '46
>
> Fred Williams
> et al
> by next friend
>    vs } Judgment
> Susannah Caston
>
> Clintons
> Pltffs attys

**Img. 26 - Bill of costs (on another sheet)**

> Verdict - $7
>
> Atty W & D - 8
> Argument - 5
> 10 S. W[ri]ts - 10
> Jury - 1
> J & Ex - 3     27
>
> Clk W & D - 87 1/2
> P. Rule - 25
> 8 Dockets - 1.00
> 7 Continuances - 1.75
> 3 Rules Survey - 1.50
> 10 Sub W[ri]ts - 5.00
> Attendance - 50
> Replication - 25
> J & Ex - 1.25
> Record - 1.50
> Satisfac[tio]n - 25     14.12 1/2
>
> Shff Hancock - 1.00
> 4 Entries - 1.00
> 3 Servs - 3.00
> 1 do - 50
> 4 m[ile]s - 2.00     6.50
>
> Shff Adams - 1.25
> E & Service - 50
> 10 m[ile]s - [struck: 1.75]
> E & S. of 5 S. W[ri]ts - 3.75
> 99 miles - 4.95     10.45
>
> Witness -
> L. Secrest - $21 -
> A. Mayer - 5.50
> J. D. Johnson - 6 -
> H. Twitty - 8 -
> J. J. Blackmon - 1 -
> W^m Blackmon - 1 -
> Thomas Twitty - 3 -

*[The individual clerk's items do not add exactly to the $14.12 1/2 written; some of the small figures are uncertain.]*