# Lancaster County, SC - Court of Common Pleas - Judgment Roll 368 | | | |---|---| | **Case** | Elijah Clark v. Nathaniel Clark & Daniel Clark | | **Dates** | 1810-1816 | | **Roll** | Roll 368 | | **Pages in source images** | 15 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 368. 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 [368](368/), 15 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, 4, 6, 13, 14 and 15 were photographed sideways or upside down and were rotated for reading. - No box number appears on the papers photographed. - The bill of costs on Img. 5 includes $3.00 for the witness B[enjamin] Deason, whose subpoena and affidavit are Imgs. 8-10. ## Transcription **Img. 1 - Docket cover of the declaration** > Roll No. 16 > Lancaster > > Elijah Clark > v } Declon in Assmpt. > Nathaniel Clark & > Daniel Clark > $200 > > Hooker & Williams > > Filed Feby. 10 - 1815 > Rule posted the same day > Ordered for Judgment > March 29th 1815 > > Same set aside as to > Nathaniel Clark - > > I assess the damages vs > Danl. Clarke to One hun- > dred & Sixteen dollars 30/100 > Jno. Simpson > April 9 [?] 1815 Clerk > > Execution issued 24 [?] [illegible] --- **Img. 2 - Declaration, with copy of the note** > South Carolina } To wit > Lancaster District } > > Nathaniel Clark and Daniel Clark were attached to answer to Elijah Clark in a plea of trespass on the case and so forth; And whereupon the said Elijah by Hooker & Williams his attornies complains, that whereas they the said Nathaniel and Daniel on the fourth day of December in the year of our Lord one thousand eight hundred and ten, at Lancaster Court house in the district and State aforesaid did make their certain promissory note in writing and did then and there deliver the said note to the said Elijah [their proper names being thereunto subscribed?] by which said note they the said Nathaniel and Daniel or either of them faithfully promised to pay the said Elijah or order the just sum of One hundred dollars on the twenty fifth day of December 1812 for value received, by reason whereof, and by force of the statute in such case made and provided, and made of force in this state, they the said Nathaniel and Daniel became liable to pay to the said Elijah or order the said One hundred dollars, being the sum mentioned in the said note, on the said twenty fifth day of december 1812, and being so liable they the said Nathaniel and Daniel, on the day and year last aforesaid, at the place aforesaid, in consideration thereof, upon themselves did assume, and to the said Elijah then and there faithfully promised to pay unto him the said sum of money in the said note mentioned, according to the tenor and effect of the said note, when they should be afterwards thereunto requested. > > Yet the said Nathaniel and Daniel not regarding their said several promises and assumptions in manner and form aforesaid made but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said Elijah in this behalf, the said sum of money in the said note mentioned or any part thereof to the said Elijah [struck: illegible] hath not paid (although they the said Nathaniel and Daniel were often requested so to do on the same day and year aforesaid, at the place aforesaid) but the same to pay hath hitherto wholly refused, and still do continue to refuse to pay the same, to the said Elijah, wherefore the said Elijah says he is worse, and hath suffered damage to the value of two hundred Dollars, and therefore he brings suit and so forth. > > Hooker & Williams Plffs Attys > > Copy Note > > "We or Either of us do promise to pay to Elijah Clark or order "the just sum of One hundred dollars payable the twenty fifth day of "december 1812 for value received of him, witness our hands and seals this "fourth day of december 1810. > (Signed) Nathaniel Clark > Daniel Clark --- **Img. 11 - The original promissory note** > We or Either of us do promise to pay to Elijah Clark or order the just sum of one hund[red] dollars payable the twentyfifth day of december 1812 for value received of him witness our hands and seals this fourth day of december 1810 > Nathaniel Clark > Daniel Clark **Img. 12 - Back of the note** > Clark Notes [?] > > [Fragment of an endorsement, mostly illegible:] [illegible] fil[ed] [?] ... [illegible] --- **Img. 4 - Original writ (printed form: "Original Writ - Printed by F. M. Baxter")** > SOUTH-CAROLINA. > 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 Nathaniel Clark and Daniel Clark*** wheresoever ***they*** may be found, within your and each of your respective districts, so that you compel ***them*** 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 on the ***second*** Monday after the fourth Monday in ***October*** next, to answer to ***Elijah Clark in a plea of trespass on the case and so forth to his damage two hundred Dollars*** > > And have you this writ before the Clerk of the said Court, at ***Lancaster*** Court-House fifteen days next, before the sitting thereof. > > WITNESS the Honorable JOHN F. GRIMKE, Esquire, Senior Associate Judge of the said State, at ***Lancaster*** Court-House, on the ***second*** Monday after the fourth Monday in ***March*** in the year of our Lord one thousand eight hundred and ***fourteen*** and in the thirty ***eighth*** year of the sovereignty and independence of the United States of America. > > ***Hooker Williams*** Plaintiff's Attorney. > > [Left margin:] Jno. Simpson Clk **Img. 3 - Back of the original writ (endorsements)** > [Left panel:] > Entered in my Office > 12th Sept. 1814 > Wm. Howe [? Hance] S.L.D. > > Copy Left > > [Center panel:] > (434) > Lancaster > > Elijah Clark > v } Writ in Case > Nathaniel Clark & > Daniel Clark > $200 > > Hooker Williams > Original > > P.S. [personally served] Daniel Clark > the 22 Sept 1814 > P.S. Nathl. Clarke 21 Oct > 1814 by [illegible] > > Shff Cost for one $2.43 > Do Do 2.43 > $4.86 > > [Right panel, written vertically:] > I have by my lawful deputy served Daniel Clarke with a copy of this writ with the legal notice thereon endorsed 22d Sept 1814 > Wm. Howe [? Hance] S.L.D. > > I have by my Special deputy Josh. Sanders [?] personally served the defendant Nathl. Clarke with a copy of this writ with the legal notice thereon endorsed 21st Oct 1814 > Wm. Howe [? Hance] S.L.D. *[The sheriff's surname is written the same way on this roll and on Roll 337, where it reads more clearly as "Hance."]* --- **Img. 6 - Judgment** > Lancaster District } > Spring term 1815 } > > And now at this day to wit the second Monday after the fourth monday in March in the year of our Lord one thousand eight hundred and fifteen comes the said Elijah Clarke by his attornies and prays that the said Daniel Clarke to the declaration of the said Elijah may answer, and the said Daniel although solemnly called comes not but makes default, whereupon the said Elijah remains thereof against him undefended. Wherefore it is considered by the court that the said Elijah ought to recover against the said Daniel his damages by reason of the premises, but because it is unknown to the court what those damages are, it is therefore ordered that the same be referred to the Clerk to ascertain the sum actually due by the said Daniel to the said Elijah pursuant to the direction of the act of the general assembly of the said state, in such case made and provided. And the said Clerk having thereupon ascertained the same assessed [?] the damages of the said Elijah by reason of the premises besides his costs and charges by him expended in and about prosecuting his suit in this behalf to one hundred and sixteen dollars and thirty cents. > > Therefore it is considered by the said Court that the said Elijah do recover against the said Daniel his damages so as aforesaid ascertained, as also the sum of [struck: illegible] [twenty?] [struck: illegible] dollars 8 [?] 1/4 for his costs and charges by him expended in and about prosecuting his suit in this behalf, which damages and charges in the whole amount to One hundred and [forty?] [struck: illegible] [illegible] dollars 4 [?] cents. > > And be the said Daniel in mercy &c. > > [Top margin:] Judgment entered up & signed April [9th?] 1815 - Jno. Simpson Clerk *[The cost and total figures in the judgment are written over struck-through words and are hard to read. The bill of costs below gives the total as $146.47 1/4.]* **Img. 7 - Back of the judgment** > Lancaster > El. Clark > v } Jud[gmen]t > Nathl. & Danl. Clark [Junr.?] > > Hooker [&] Williams > > N. B. Keene [?] Esqr. --- **Img. 5 - Docket of the judgment (bill of costs)** > Lancaster > Elijah Clark > v } Judt. > Daniel Clark > > Assd. $116.30 > > Attys Costs > Writ & Copy L1.1.6 > Decl. 1.7.6 > Rule .5.0 > Ord. Judt .5.0 > Judt .15.0 [?] > Ex. .6.0 > L3.18.6 = 16.81 1/4 > Clks do 5.24 5.50 > Shff do 4.86 4.86 > Witn. > B. Deason 3.00 3.00 > $146.47 1/4 --- **Img. 8 - Subpoena to Benjamin Deason (printed form)** > SOUTH-CAROLINA, } THE STATE OF SOUTH-CAROLINA. > District. } > > TO ***Benjn. Deason*** > > YOU, and each of you, are hereby strictly required and firmly enjoined, that all business being laid aside, and all excuses ceasing, you do, in your proper person, appear before the Associate Judges of the Court of ***common Pleas*** to be holden at ***Lancaster Ct. House now sitting*** next, then and there to testify the truth, according to your knowledge, in a certain cause now depending and to be tried, between ***Elijah Clark*** Plaintiff, and ***Nathl. & Danl. Clark*** Defendant, on the part and behalf of the ***Plff*** > > Herein fail not, on pain of the forfeiture of Ten Pounds Proclamation Money, as well as the consequences that may fall thereon. > > WITNESS the Honorable JOHN FAUCHERAUD GRIMKE, Esquire, Senior Associate Judge of the said State, at ***Lancaster C. House*** the ***second*** Monday after the fourth Monday in ***Octr.*** in the Year of our Lord one thousand eight hundred and ***fourteen*** and in the ***thirty ninth*** Year of the Sovereignty and Independence of the United States of America. > > ***Hooker Williams Attys*** **Img. 9 - Subpoena ticket to Benjamin Deason (printed form)** > STATE OF SOUTH-CAROLINA. > > TO ***Benjn. Deason Esqr.*** > > BY Virtue of a Writ of Subpoena to you directed, and herewith shewn to you, you are required to be and appear, personally, before the Associate Judges of the Court of Common Pleas of the said State, at the Court of Common Pleas, to be holden for ***Lancaster*** district, at ***Lancaster [Court?] house*** on the ***second*** Monday after the fourth Monday in ***March*** next, to testify the Truth, according to your knowledge, in a certain Cause now there depending, and to be tried, between ***Elijah Clark*** Plaintiff, and ***Nathl. & Danl. Clark*** Defendant, on the part and behalf of the said ***Plffs*** [sic] Herein fail not, on pain of the forfeiture of Ten Pounds Proclamation Money; as well as the consequences that may fall thereon. > > Dated at ***Lancaster*** the ***6th*** day of ***April*** Anno Domini, 1815 > > ***Hooker Williams Attys*** **Img. 10 - Back of the subpoena ticket (witness's affidavit of attendance)** > South Carolina } Personally appeared Benjamin > Lancaster District } Deason and after being duly sworn saith he attended > three Days on the within suit [?] and was sworn [?] in Subpoena > on the [?] [illegible] last thereof. > B. Deason > > Sworn to before me > April 13th 1815 > Thomas [illegible] J.Q. [?] > > [Address:] > B. Deason Esqr. --- **Img. 13 - Writ of fieri facias (printed form: "Fi. Fa. in Case")** > SOUTH-CAROLINA. > 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, Lands and other Hereditaments and Real estates of ***Daniel Clark*** you cause to be levied, the Sum of ***One hundred and sixteen dollars & 30 cents which Elijah Clarke*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster Court house*** lately recovered against the said ***Daniel by reason of the non performance of certain promises and assumptions by the said Daniel to the said Elijah made and not performed as also the sum of twenty nine dollars & 97 1/4 cents for his*** Costs and Charges by ***him*** expended in and about prosecuting ***his*** Suit in that behalf, whereof the said ***Daniel is*** 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 ***second*** Monday after the fourth Monday in ***October*** next, to render to the said ***Elijah*** 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 the Honorable JOHN FAUCHERAUD GRIMKE, Esquire, Senior Associate Judge of the said State, at ***Lancaster Court house*** the ***second*** Monday after the fourth Monday in ***March*** in the year of our Lord, one thousand eight hundred and ***fifteen*** and in the ***thirty ninth*** Year of the Sovereignty and Independence of the United States of America. > > ***Williams*** Pliffs. Att'y. > > [Left margin:] Jno. Simpson > Clerk --- **Img. 15 - Back of the fi. fa. (endorsements, levy on land, and accounts)** > [Right panel:] > Entered in my Office > 29th April 1815 > Wm. Howe [? Hance] S.L.D. > > Returned & Levied > on one Hundred > acres of Land more > or less as the Property > of Deft. on 10th [?] July [?] > [illegible] - Cost > 31st May 1815 - > Wm. Howe [? Hance] S.L.D. > > Satisfied > > [In a fainter hand, partly over the above:] > [illegible] dollars [?] ... [illegible] ... in full for cost [?] > > Recd $30.00 4th March > 1816 Recd $81.12 1/2 [struck: illegible] > Received by order of > Plaintiff 10 Apr. 1816 > > Stayed by Plaintiff until > Court > > [Center panel:] > 620 > 182 [in a scroll] [2] > Lancaster > Elijah Clarke > v } Fi Fa > Daniel Clarke in Case > > Williams > > Asd. $116.30 > Atty Cost $16.81 1/4 > Clks do 5.50 > Shff do 4.86 > B. Deason 3.00 > $30.17 1/4 [?] > > [Smaller figures beside the above:] 60, 1850 [?], 13 [?] - as within > > Levy fee [?] $146.47 1/4 [?] > [illegible] > Levy fee [?] > Shff Com. & Exp. } 14.90 > 4th March 1816 > > [Left panel:] > Debt $116.30 > [Atty] 16.81 1/4 > [Clk] 5.50 > [Shff] 4.86 > Do on Exn 14.90 > 3 Inds [?] 7.89 > $166.26 1/4 > > $5.53 1/4 ballance due of Cost - to Wm. Howe [? Hance] at this time 24 [?] March 1816 - > > [Crossed out:] > Recd Plantiffs Rect. for $50.25 > Recd of Wm. Howe [? Hance] Shff $12.50 > in part of the balance [?] of Debt - 62.75 > Pd by Deft to Plff - 53.55 > $116.30 > > Attys. Cost Pd by > Wm. Howe [? Hance] **Img. 14 - Separate slip of accounts (with the fi. fa.)** > Recd Plantiffs Rect. for - $50.25 > Recd my self - 81.12 1/2 > Recd Neal [?] Plantiffs Rect. } 30.00 > say John Massey for } > Recd my self [struck: and Atty] - 35.00 > $196.37 1/2 > > Amt. of Debt & Cost $166.26 1/4 > $30.11 1/4 > Pd to Defendant - 35.00 > to be Pd back to W. Howe [? Hance] $4.89 [?] 1/4 > > [Along the right edge, written vertically:] $5.53 [?] 1/4 ballance [?]