# Lancaster County, SC - Court of Common Pleas - Judgment Roll 372 | | | |---|---| | **Case** | Lewis Beard (otherwise called Lewis Bearde) v. Daniel Clarke (otherwise called Daniel Clark) | | **Dates** | 1811-1815 | | **Roll** | Roll 372 | | **Pages in source images** | 12 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 372. 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 [372](372/), 12 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, 5, 7 and 8 were photographed sideways or upside down and were rotated for reading. - The docket cover (Img. 1) is marked "Roll R 342 [?]"; the roll number is faint. No box number appears. - The sheriff's surname on the endorsements is read here as "Howe"; it may be the same sheriff read as "Hance" on Roll 337. - On the declaration form the repeated lines between the note and the promise are filled with ditto marks ("" "" "") rather than text. ## Transcription **Img. 1 - Docket cover of the declaration** > L[ancaster] Dist. No. 16 > Roll R 342 [?] > > Lewis Beard > v } Declon in Assumpsit > Daniel Clark > $200 > > Hooker & Williams > > 136..88 > 27.42 [?] > > Filed March 1st 1814. > Order for Judgment > > This case being refered to the Clerk to ascertain the sum actually due I assess the damages of the Plaintiff to One hundred and thirty six dollars & 88 as the sum actually due by the costs [?] > Clerk [?] 13 April 1814 > > Judgment May 14th 1814 --- **Img. 2 - Declaration (printed form: "Declaration on Note - Printed by F. M. Baxter"), with copy of the note** > South-Carolina } To wit. > ***Lancaster*** DISTRICT. } > > ***Daniel Clarke otherwise called Daniel Clark*** was attached to answer to ***Lewis Beard otherwise called Lewis Bearde*** in a plea of Trespass on the case, and so forth. AND WHEREUPON the said ***Lewis*** by ***Hooker Williams his*** Attorneys complain, THAT WHEREAS the said ***Daniel*** on the ***fourteenth*** day of ***June*** in the year of our Lord one thousand eight hundred and ***eleven*** at ***Lancaster Court house*** in the district of ***Lancaster*** in the state aforesaid, and within the jurisdiction of this Court, did make ***his*** certain note in writing, commonly called a promissory note, ***his*** own proper hand being thereto subscribed bearing date the same day and year aforesaid, and then and there delivered the said note to the said ***Lewis*** and thereby ***faithfully promised the said Lewis on or before the twenty fifth day of November then next ensuing the date of the said note that he the said Daniel would well and truly pay or cause to be paid unto the said Lewis the sum of One hundred and twenty five Dollars*** [*the following lines are filled with ditto marks*] 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, the said ***Daniel*** became liable to pay to the said ***Lewis*** the said sum of money mentioned in the said note, according to the tenor and effect of the said note, ***on or before the said twenty fifth day of November ensuing the date of the said note*** and being so liable ***he*** the said ***Daniel*** in consideration thereof, afterwards, to wit, on the same day and year aforesaid, at ***Lancaster Court house*** aforesaid, undertook and faithfully promised the said ***Lewis*** to pay ***him*** the said sum of money mentioned in the said note, according to the tenor and effect of the said note ***when he should be afterwards thereunto required.*** > > ***Yet the said Daniel not regarding his said promises and undertakings so by him made as aforesaid but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said Lewis in this behalf hath not paid the said sum of money in the said note mentioned to the said Lewis or any part thereof although often thereunto requested by the said Lewis but the said Daniel hath hitherto wholly refused and still doth refuse to pay the same to the said Lewis whereupon the said Lewis says he is injured and hath sustained damage to the value of two hundred Dollars and therefore he brings suit and so forth.*** > > ***Hooker Williams*** > ***Plffs Attys*** > > (Copy Note) > "On or before the twenty fifth of November I promise to pay or cause to > "be paid unto Lewis Bearde or order One hundred and twenty five dollars for > "Value recd as witness my hand this 14 of June 1811 > "Jacob Plilar [?] (Signed) Daniel Clarke > > (Copy Pd. on back of note) > "Received April 15th 1813 of the within note ten dollars [?] --- **Img. 11 - The original promissory note** > on or before the twenty fifth of Novem- > ber I promis to pay or cause to be paid > unto Luis Bearde or order one hundred and > twenty five dollars for value received as > witness my hand this 14 of June 1811 > Daniel Clark > Jacob Plilar [?] **Img. 12 - Back of the note (endorsement, docket and interest calculation)** > Received April 15 - 1813 > of the within note ten [?] > dollars [?] > > Not[e] > [struck: illegible] Daniel Clark > to > L. Beard - > $125. > wich be due 25th > Nov. 1811 - > Lives in Lancaster > District S. Carolina > > Declon filed > > [Calculation:] > 125 > 20..81 > 145..81 > 10.70 > $135..10 > 17.75 [?] > 2.92 > 1.46 > 21.88 > > 125 > 8.75 > 4.37 1/2 > 13.12 1/2 > 11..88 > 125. > 136.88 --- **Img. 10 - 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 Daniel Clarke otherwise called Daniel Clark*** 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 ***second*** Monday after the fourth Monday in ***October*** next, to answer to ***Lewis Beard otherwise called Lewis Bearde in a plea of trespass on the case and so forth; also for certain promises and assumptions by the Daniel to the said Lewis made and not performed to his damage two 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 ***Lancaster Court house*** the ***second*** Monday after the fourth Monday in ***March*** in the Year of our Lord one thousand eight hundred and ***thirteen*** and in the ***thirty fourth*** [sic] Year of the Sovereignty and Independence of the United States of America. > > ***Hooker Williams*** Plff's. Att'ys > > [Left margin:] Jno. Simpson > Clerk **Img. 9 - Back of the original writ (acceptance of service)** > [201] > Lancaster > > Lewis Beard > v } writ in Aspt. > Daniel Clarke > > Hooker Williams > > I accept the service of this writ for October term 1813 - 4 October 1813 > Daniel Clarke --- **Img. 4 - Judgment (printed form: "Judgment on Writ of Enquiry")** > ***Spring*** TERM, 18***14*** > > 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 ***fourteen*** come the said ***Lewis*** by ***his*** Attorney aforesaid, and pray that the said ***Daniel*** to the Declaration of ***him*** the said ***Lewis*** may answer: And the said ***Daniel*** being solemnly called, come not, but make default, whereby the said ***Lewis*** remain thereof against ***him*** undefended. Wherefore it is considered by the court now here, that the said ***Lewis*** ought to recover against the said ***Daniel his*** damages by ***him*** sustained 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 of the said Court, to ascertain the Sum actually due by the said ***Daniel*** to the said ***Lewis*** 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 thereupon having ascertained the same, and assessed the damages of the said ***Lewis*** 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 thirty six Dollars 88/100*** > > THEREFORE it is considered by the Court now here, that the said ***Lewis*** do recover against the said ***Daniel*** damages so ascertained and assessed as aforesaid; and also ***Twenty Seven Dollars and forty Two 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 & Sixty four Dollars and forty Cents [sic]*** > > and be the said ***Daniel*** in mercy, and so forth. > > [Left margin, written vertically:] Judgment Entered up and Signed May 14th 1814 > Jno. Simpson Clk *[$136.88 plus $27.42 is $164.30, not $164.40.]* **Img. 3 - Docket of the judgment (bill of costs)** > Lancaster > Lewis Beard > v } Judgt by Default > Daniel Clark in Assumpsit > > Hooker Williams > > Assumpsit $136.88 > > attys cost > writ L1. > Decl. 1.5 > Rule .5 > Judt. .15 > Reg. Jdt 1. > Ex. .6 > L3.12 = $15.42 > > Witness > Jacob Plilar 6 days - 6.00 > Clks do - 6.00 > Shffs do > > $27.42 --- **Img. 7 - First 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 Clarke*** you cause to be levied, the Sum of ***One hundred & thirty six Dollars 88 cents which Lewis Beard*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster Court house*** lately recovered against the said ***Daniel for the non performance of certain promises and assumptions also the sum of [twenty seven dollars?] forty Cents [sic] 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 ***Lewis his One hundred and sixty four Dollars & 30 cents*** 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 ***fourteen*** and in the ***thirty eighth*** Year of the Sovereignty and Independence of the United States of America. > > ***Hooker Williams*** Pliffs. Att'ys. > > [Left margin:] Jno. Simpson Clk *[The fill-in for the costs is written across a fold and is partly illegible.]* **Img. 8 - Back of the first fi. fa. (levy on land and sale)** > [Left panel:] > Entered in my Office > 15th May 1814 > Wm. Howe S.L.D. > > Levy made as within > > [Center panel:] > [8] (349) > Lancaster > [illegible small notation] > Lewis Beard > v } Fi. fa. in Case > Daniel Clark > > Hooker Williams > > Asspt. $136.88 > attys cost $15.42 > Clks do 6.00 > Shffs do > Witness > Jacob Plilar 6. > > Shff Cost on Ex. $7=38 > > Sold and Purchased > by Lindsey Clarke @ > $17-00 3d April 1815 > > Cash Paid > > Renewed 5th May 1815 > > [Right panel, written upside down:] > Returned and levied on two Hundred > Acres of Land beginning at Chesters line on > the south side of [struck: illegible] Wildcat [?] > Cat as the Property of Daniel Clarke > 21st May 1814 Wm. Howe S.L.D. > > I have this day Exposed to sale the above mentioned > Land when Lindsey Clarke being the highest > bidder became the Purchaser @ $17.00 - > 3d April 1815 Wm. Howe S.L.D. > > Cash Paid > > [Along the edge:] 17.00 *[The name of the watercourse is written over a struck-out word; it reads "Wild Cat," as on Img. 6.]* --- **Img. 5 - Second writ of fieri facias (printed form: "Execution in Case - 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 ***as you have before been commanded*** without delay, that of the Goods and Chattles, Houses, Lands, and other Hereditaments and real Estates of ***Daniel Clarke*** you cause to be levied the sum of ***One hundred & thirty six Dollars 88 cents*** which ***Lewis Beard*** in the Court of Common Pleas, before the Associate Judges of the said Court, at ***Lancaster court house*** lately recovered against the said ***Daniel*** for the damages which ***he*** sustained, as well by reason of ***the non performance of certain promises and assumptions also the sum of twenty seven dollars forty one [?] cents*** Costs and Charges by ***him*** expended in and about prosecuting ***his*** Suit in that behalf, whereof the said ***Daniel*** convicted as appears on record. > > And that you have the money before the said Associate Judges at the said 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 ***Lewis*** for ***his*** Damages, Costs and Charges aforesaid. And have you this Writ before the Clerk of the said Court, at ***Lancaster court house*** fifteen days next before the sitting of the same. > > 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 ***fifteen*** and in the thirty-***ninth*** year of the sovereignty and independence of the United States of America. > > ***Hooker Williams*** Plaintiff's Attorney. > > [Left margin:] Jno. Simpson > Clk **Img. 6 - Back of the second fi. fa. (levy on land, stay)** > [Left panel:] > Entered in my Office > 9th May 1815 > Wm. Howe S.L.D. > > Returned & levied on two > Hundred acres of land > more or less as the proper- > ty of Deft - on Wild > Cat - > 30th May 1815 > Wm. Howe S.L.D. > > [Center panel:] > [23] (633) > Lancaster > Lewis Beard > v } 2 fi fa in Case > Daniel Clark > > Hooker & Williams > > Asspt. $136.88 > attys cost $15.42 } > renl - 1.07 } 16.49 > Clks cost 6.00 > renl - .40 [?] > Shff cost 7.38 30.41 [?] > $167.29 > > [struck: 1st Fi Fa [illegible] 1814] > > 1st Fi Fa May 8th [?] 1814 > Renewed february 1st 1815 > Stayed by Plantiffs > Agent 4 Months > 3d July 1815 > Interest to be pd by > me Daniel Clark > > [Right panel:] > Stayed by Plaintiffs agent untill too late > to be acted on 25 October 1815 > Wm. Howe S.L.D.