# Lancaster County, SC - Court of Common Pleas - Judgment Roll 3330 | | | |---|---| | **Case** | James H. Witherspoon (Jr.), Ordinary of Lancaster District, v. Uriah Blackmon | | **Dates** | 1840-1846 | | **Roll** | Roll 3330 | | **Pages in source images** | 7 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 3330. 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 [3330](3330/), 7 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, 5, 6 and 7 were photographed sideways or upside down and were rotated for reading. - No box number appears on the papers photographed. - The bond sued on was given to the Ordinary (the probate judge) by Uriah Blackmon and Amos Blackmon, by his mark, in 1840. The papers do not say what the bond was given for; only the copy of the bond is filed. - On the docket cover (Img. 1), an earlier draft of the clerk's finding is crossed through with wavy lines; it is transcribed as struck. ## Transcription **Img. 5 - 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 Uriah Blackman*** 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 ***third*** Monday after the ***fourth*** Monday in ***March instant*** [struck: next], to answer to ***James H. Witherspoon, Ordinary of Lancaster District, the Plaintiff*** of a Plea that the Defendant do render to the Plaintiff the sum of ***one thousand and thirty eight Dollars*** [struck: Cents], which to the said Plaintiff the said Defendant owes and from the said Plaintiff unjustly detains, to the damage of the said Plaintiff ***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, ***H. R. Price*** Esquire, Clerk of the Court of Common Pleas, for ***Lancaster*** District, the ***26th*** day of ***March*** in the year of our Lord one thousand eight hundred and forty ***six*** and in the ***70th*** year of the Sovereignty and Independence of the United States of America. > > ***Witherspoon & Moore*** Plaintiff's Attorney. > > [Left margin:] H. R. Price Clk **Img. 4 - Back of the writ** > [Left panel:] > Entered 26 Mar 1846 > J. Adams > Shff > > Copy left for deft at his place of abode 27 Mar 1846 > J. Adams > Shff > > Ent. - 25 > Ser. - 1 > 10 m[iles] - 50 > 1.75 > > [Center panel:] > Lancaster 74 > Spring Term 1846 > > James H. Witherspoon > O.L.D. > vs } Writ in Debt $2000 > Uriah Blackmon > > Witherspoon & Moore > Plffs Atty > > C. L. [copy left] > > Service proven before me > H. R. Price > Clk > > Original --- **Img. 1 - Docket cover of the declaration** > [Right panel:] > Lancaster > Roll 3330 > > James H. Witherspoon > O.L.D. > vs } Decl. in Debt > Uriah Blackmon > > Witherspoon & Moore > Pltffs Atty > > Filed 13th Jany 1846 > Order for Judgt. same day > H. R. Price > Clk > > [Crossed through with wavy lines:] [We find?] the writing obligatory within declared upon to be the act & deed of the Defendant and the damages sustained by the Plaintiff to be six hundred and seventy eight Dollars & 8 cents with interest on five hundred and nineteen Dollars from the 16th day of November 1846 and costs of suit. > > We find the writing obligatory within declared upon the [illegible] and deed of the Defendant and find for the Plaintiff six hundred & seventy eight dollars & eighteen [sic] cents with interest on five hundred and nineteen Dollars from the 16th day of November 1846 > > Fi. Fa. 26 Nov 1846 > H. R. Price > Clk > > [Left panel:] > Recorded in Book [illegible] > Page 334 > > $678.08 > > I assess the Amount due the Plaintiff in this case to be six hundred and seventy eight dollars & eight cents with interest on five hundred & nineteen dollars from the 16th day of Nov 1846 > H. R. Price > Clk **Img. 3 - Declaration** > The State of South Carolina } To Wit > Lancaster District } In the Common Pleas > Spring Term 1846 > > Uriah Blackmon the Defendant was attached to answer to James H. Witherspoon, Ordinary Lancaster District, the Plaintiff of a Plea that he do render unto him the sum of one thousand and thirty eight Dollars which to him he owes & from him unjustly detains and so forth. > > Whereupon the said Plaintiff, by Witherspoon & Moore his Attorneys, complains that whereas the said Defendant on the third day of February in the year of our Lord one thousand eight hundred and forty at Lancaster, to wit, at Lancaster Court House, in the District & State aforesaid, and within the jurisdiction of this Court did make his certain writing obligatory commonly called a Bond sealed with his seal, and did then and there deliver the same with his own proper hand writing thereunto subscribed, bearing date the day and year last aforesaid, by which said writing obligatory the said Defendant acknowledged himself to be held and firmly bound unto James H. Witherspoon Jr., Ordinary, Lancaster District, (the said Plaintiff), in the full and just sum of one thousand and thirty eight Dollars, good and lawful money of the said State, to be paid when afterwards required according to the tenor and effect of the said Bond, the said Bond being joint & Several. > > By reason whereof the said Defendant became liable to pay or render to the said Plaintiff the sum of money in the said Bond specified according to the tenor thereof as aforesaid. Yet the said Defendant not regarding his undertaking aforesaid, in form aforesaid made, the said sum of money to the said Plaintiff hath [struck: not] never paid or rendered, although often requested so to do, but the same to the said Plaintiff to render, the said Defendant hath hitherto altogether refused and still doth neglect and refuse to the damage of the said plaintiff two thousand Dollars; And therefore he doth bring suit, and so forth. And the said Plaintiff produces here in Court the writing obligatory aforesaid, [struck: in form aforesaid] which testifies the Debt aforesaid, in form aforesaid, the date whereof is the same day and year aforesaid and so forth. > > Witherspoon & Moore > Plffs Atty **Img. 2 - Copy of the bond, 3 February 1840** > Copy Bond > > South Carolina } > Lancaster District } > > Know all men by these presents that We Uriah Blackmon & Amos Blackmon are jointly & severally held and firmly bound unto James H. Witherspoon Jr. Ordinary Lancaster District in the full and just sum of one thousand & thirty eight Dollars, good and Lawful of the said State, to be paid unto the said James H. Witherspoon Jr. his Successors in office, or Assigns; to which payment well and truely to be made and done we bind ourselves [struck: jointly] & our Heirs Executors and Administrators for the whole, and in the whole jointly & severally firmly by these presents. > > Sealed with our seals and dated this third day of February in the year of our Lord one thousand eight hundred and forty. > > The Condition of the above obligation is such that if the above bounden Uriah Blackmon his Heirs, Executors Administrators or Assigns, shall [struck: well] and do well and truely pay, or cause to be paid to the above named James H. Witherspoon Jr, his Successors in office or Assigns, the just sum of five hundred & Nineteen Dollars in the following manner - viz. the sum of one hundred & seventy three Dollars on or before the 1 January 1841 with interest from date - And also the like sum of one hundred and seventy three dollars on or before the 1 January 1842 with interest from date, And also the like sum of one hundred & seventy three Dollars on or before the 1st January 1843 with interest from date until paid. Then the above obligation to be void and of no effect, or else remain in full force and virtue. > > Sealed and delivered in the presence of ("Dollars interlined before signing & sealing") > Geo. McC. Witherspoon > (Signed) Uriah Blackmon (L.S.) > Amos (his + mark) Blackmon (L.S.) --- **Img. 7 - Judgment (printed form: "Judgment by Default in Case - Referred to Clerk - Printed by T. W. Pegues, Camden, S.C.")** > AND now at this day, to wit, the ***third Monday after the fourth*** Monday in ***October*** in the year of our Lord one thousand eight hundred and ***forty six*** to which day the said ***Uriah Blackmon the Defendant*** had leave to answer to the declaration aforesaid of the said ***James H. Witherspoon, Ordinary of Lancaster District, the Plaintiff*** at a Court to be held at ***Lancaster Court House*** before the Justices of the COURT OF COMMON PLEAS, come***s*** the said ***James H. Witherspoon*** by ***his*** Attorney aforesaid, and pray***s*** that the said ***Uriah Blackmon*** to the declaration aforesaid may answer; and the said ***Uriah*** though solemnly called, doth not come nor say any thing in bar or preclusion of the action aforesaid, but hath made default; wherefore the said Plaintiff remain***s*** against him undefended; wherefore the said Plaintiff ought to recover against the said Defendant damages sustained by reason of the premises; and because the same is a liquidated demand, according to the Act of the General Assembly of the said State, in such case made and provided, it becomes unnecessary to execute a Writ of Inquiry, but only on motion to the Court, to refer the demand to the Clerk thereof, to ascertain the amount due:- and the same being so referred, the said Clerk, ***H. R. Price Esquire*** finds the amount of the principal and interest to be ***six hundred & seventy eight Dollars & eight cents with interest on five hundred & nineteen Dollars from the sixteenth day of November in the year of our Lord one thousand eight hundred and forty six*** > > THEREFORE it is considered, that the said ***James H. Witherspoon*** do recover against the said ***Uriah Blackmon*** as well the said sum of ***six hundred & seventy eight Dollars & eight cents with interest on five hundred & nineteen dollars as aforesaid*** so found, as also ***seventeen Dollars thirty seven 1/2 cts*** for ***his*** costs and charges, by ***him*** in and about prosecuting ***his*** suit in this behalf expended, and to ***him*** by the Court with ***his*** assent adjudged, amounting in the whole to ***six hundred & ninety five 45/100 Dollars*** and be the said ***Uriah Blackmon*** in mercy and so forth. > > [Top margin:] Judgment Entd. up & Signed 26 Novr 1846 > H. R. Price > Clk **Img. 6 - Back of the judgment (bill of costs)** > Lancaster > James H. Witherspoon > O.L.D. > vs } Judgment > Uriah Blackmon > > Witherspoon & Moore > Pltffs Atty > > Assessment - $678.08 > Int. on $519 from 16th Nov 1846 > > Attys Writ - 4.28 [?] > Decl. - 4 > J. & Ex. - 3 11 - > > Clk > W. & Decl. - .87 1/2 > Order for Judg. - .12 1/2 > 1 Docket - .25 > Enter assmt. - .25 > J. & Ex. - 1.50 > Record - 1.62 1/2 [?] 4.62 1/2 > > Shff Ent. - .25 > Service - 1.00 > 10 miles - .50 1.75 *[$11 + $4.62 1/2 + $1.75 = $17.37 1/2, the costs in the judgment.]*