# Lancaster County, SC - Court of Common Pleas - Judgment Roll 403 | | | |---|---| | **Case** | Jacob Shofner v. Burrel Clark | | **Dates** | 1806-1811 | | **Roll** | Box 11, Roll 403 | | **Pages in source images** | 15 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 403 (Box 11). 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 [403](403/), 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:** - Img. 1 is an upside-down photograph of the docket cover shown upright in Img. 3. - Imgs. 2, 4, 5, 6, 7, 8, 10, 11, 12, 13 and 15 were photographed sideways or upside down and were rotated for reading. - The plaintiff's surname is written "Shofner," "Shoffner" and "Shofuer"; the defendant's given name is "Burrel," "Burrell" and "Burral." ## Transcription **Img. 3 (and Img. 1) - Docket cover of the declaration, with bill of costs and copy of the note** > [Left panel:] > James Scott > > Virdict ... $85.00 > Int. fr. 4 Feby 1807 } > to 8th April 1811 } 24.87 > $109.87 > > Writ - L1..0..0 > Declon - 1..5..0 > 2 Subpas - ..10..0 > Rule - 2..4 > Issue - 1..5..0 > Judgmt - ..15..0 > Regg do - ..1..0 > Verdict - ..5..0 > Execution - ..6..0 > L5..9..4 = 23.42 > Sheriff - 2.25 > Clerk - 9.37 > Witns. > James Scott - 3.00 > Samuel Dunlap - 1.00 > Cost - $40..04 [?] > > [Center panel:] > 53 Roll # 14 > Lancaster > B11 R403 > > Jacob Shofner > vs } Declon in Asspt > Burrel Clark > > J. G. Mathis Plffs Atty > > Filed August 27th 1810 > Rule Posted the same day > Plea and issue > > [struck: we find for the Plaintiff > Ben Jamin Weathers > foreman] > > We find for the Plaintiff the sum of Eighty five Dollars with Interest from the 4th February 1807. > Benjamin Weathers > foreman > > Judgt. ent. up May 20th 1811 > > [Right panel:] > (Copy Note) > Forty days after date we or either of us promise to pay or cause to be paid unto Jacob Shofner or his Order the Just and full Sum of Eighty five Dollars for Value received witness our hands this 24 day of December 1806 - > William Horton > Burrel Clark --- **Img. 2 - Declaration** > South Carolina } > Lancaster District } To wit. > > Burrel Clark was attached to answer to Jacob Shofner in a plea of trespass on the case, and so forth: and whereupon the said Jacob Shofner by J. G. Mathis his Attorney complains that whereas the said Burrel Clark on the Twenty fourth Day of December in the year of our LORD one thousand Eight hundred and [struck: ninety] Six at Lancaster Court house in the district and State aforesaid, and within the jurisdiction of this Court, did make his certain Note in writing commonly called a promissory Note, with his own proper hand thereto subscribed, bearing Date the day & year above mentioned; by which said Note, the said Burrel Clark Did promise to pay, or cause to be paid unto the said Jacob Shofner by the name of Jacob Shofner or order the full and just sum of Eighty five Dollars to be paid forty days after the date of the said [struck: on or before the] Note 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] [?] Burrel Clark became Liable to pay to the said Jacob Shofner the said sum of money [struck: in the said] Note contained, according to the tenor and effect of the said note: & being so liable he the said Burrel Clark afterwards to wit, the same Day and year last mentioned, at Lancaster Court house aforesaid, in consideration thereof upon himself did assume & to the said Jacob Shofner did then and there faithfully promised that he the said Burrel Clark would well and truly pay to the said Jacob Shofner the said sum of Money in the said Note mentioned, according to the tenor and effect of the said Note: Yet the said Burrel Clark his said promise and assumption aforesaid in form aforesaid made, in nowise regarding but contriving & fraudulently intend the said Burrel Clark in this behalf craftily & subtilly to Deceive & Defraud the said sum of money above mentioned, or any part thereof to the said Jacob Shofner has not paid although so to do, the said Burrell Clark was on the Seventh Day of February in the year of our Lord one thousand [struck: seven] Eight hundred and [struck: ninety] Seven at Lancaster Court house aforesaid, required by the said Jacob Shofner but the same to the said Jacob Shofner to pay, the said Burrel Clark hitherto altogether refuses & still doth - - - refuse to the damage of the said Jacob Shofner Two hundred Dollars & therefore he brings suit and so forth - > > J. G. Mathis > Plffs Atty *[A strip along one fold is torn; the words "and made of Force in this State" are read from what remains.]* --- **Img. 8 - The original promissory note** > Forty Days after Date > We or either of us Promis to > Pay or Cause to be payd unto Jacob > Shofner or his orders the just and > full Sum of Eighty five Dollers > for vallew received witness our hands > this 24 Day of December 1806 > William Horton > Burrel Clark **Img. 9 - Back of the note** > Horton & Clarkes [?] > Note of $85 - > [illegible] 19th Sept [?] > 1807 - > [illegible] Do - > Feb 20th [?] > 1808 *[Ink from the front of the note shows through as mirror writing. This endorsement is small and faded.]* --- **Img. 6 - 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 Burrel 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 ***March*** next, to answer to ***Jacob Shofner in a Plea of Trespass on the Case and so forth and also for certain Promises and Assumptions by the said Burrel to the said Jacob 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 ***October*** in the Year of our Lord one thousand eight hundred and ***Nine*** and in the ***Thirty fourth*** Year of the Sovereignty and Independence of the United States of America. > > ***J. G. Mathis*** Plaintiff's Attorney. > > [Left margin:] Jno. Simpson > Clerk **Img. 7 - Back of the original writ (endorsements)** > [Left panel:] > Filed in my office 9th [?] > March 1810 > Perry S.L.D. > > Sheriffs Service > & Milage - $2.25 > > [Center panel:] > 53 > Lancaster > Jacob Shofner > vs } Writ in Case > Burrel Clark > To April 1810 > > J. G. Mathis Atty > > [Right panel:] > I have personally served the within named Deft with a Copy of this Writ with the legal notice thereon endorsed this 15th March 1810 > Perry S.L.D. > > [Printed notice, crossed out:] YOU are arrested by Virtue of, or served with this Writ or Process to the intent that you may, by your Attorney, be and appear at the Court of Common Pleas, to be holden at ... Court-house, for ... District, on the ... Day of ... next, in order to make your defence in this Action; and that in Case of your Refusal or Neglect during the sitting of the Court, Judgment may be entered against you by Default. --- **Img. 10 - Subpoena ticket to James Scott, 1810 (printed form)** > STATE OF SOUTH-CAROLINA. > > TO ***James Scott*** > > 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 ***Sixth*** [struck: Monday in] ***day of November*** next, to testify the Truth, according to your knowledge, in a certain Cause now there depending, and [struck: to be tried], between ***Jacob Shofner*** Plaintiff, and ***Burrel Clark*** Defendant, on the part and behalf of the said ***Plaintiff*** > > Hereof fail not, on pain of the forfeiture of Ten Pounds Proclamation Money, as well as the consequences that may fall thereon. > > Dated at ***Lancasterville*** the ***20th*** day of ***October*** Anno Domini, 18***10*** > > ***J. G. Mathis*** > ***Plffs Atty*** **Img. 11 - Back of the 1810 ticket (James Scott's affidavit)** > South Carolina } Personally appeared > Lancaster District } James Scott and maketh > Oath and Saith that he attended one Day > as witness on the within Case and further > Saith not > Sworn Novemr. 7th 1810 James Scott > Before Wm. Cureny [?] J. Q. > > [In another place on the sheet:] > 1 [illegible] > 6 [?] > > [Address:] Mr. [?] James Scott --- **Img. 12 - Subpoena ticket to James Scott, 1811 (printed form)** > STATE OF SOUTH-CAROLINA. > > TO ***[struck: John] James Scott*** > > 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 ***Ninth*** [struck: Monday after the fourth] ***day of April*** next, to testify the Truth, according to your knowledge, in a certain Cause now there depending, and to be tried, between ***Jacob Shoffner*** Plaintiff, and ***Burrell Clarke*** Defendant, on the part and behalf of the said ***Plaintiff*** > > Hereof fail not, on pain of the forfeiture of Ten Pounds Proclamation Money, as well as the consequences that may fall thereon. > > Dated at ***Lancasterville*** the ***Tenth*** day of ***March*** Anno Domini, 18***11*** > > ***J. G. Mathis*** > ***Plffs Atty*** **Img. 13 - Back of the 1811 ticket (James Scott's affidavit)** > South Carolina } Personally Appeared before > Lancaster District } me James Scott and being > Sworn as the law directs sayeth that > he attended three Days on the Within > Case Sworn to this 11th Day of April 1811 > Before H. Hudson J.P. Jas. Scott > > [Address:] James Scott --- **Img. 14 - Judgment (printed form: "Postea and Judgment on Issue Tried")** > THEREFORE it is commanded, that the sheriff of ***Lancaster*** district do summon 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 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 ***March*** next, by whom, and so forth; and who neither, and so forth; to recognize, and so forth; because as well, and so forth; and the same day is given to the parties aforesaid, there, &c. > > And afterwards, that is to say, on the day and year last above mentioned, at the place aforesaid, before the Judges aforesaid, come the parties aforesaid, by their respective attornies aforesaid; and the jurors aforesaid, being demanded, come; of them, to wit, ***Benjamin Weathers Foreman John Johnson, Daniel Croxton, John Barden [?], Churchwell Anderson, William Robinson, William Taylor, Jacob Kerr [?], James Ramsey, Josiah Price, William Wood, B. John Scarborough*** [?] - and being drawn by ballot, according to the directions of the said acts of the general assembly aforesaid, and sworn, to say the truth of the matters within contained, do on their oath say, that ***Burrel Clark did promise and assume in manner and form*** as the said ***Jacob Shofner*** above in ***his*** declaration has alleged against ***him*** and they assess the damages of the said ***Jacob*** by reason of the ***non performance of the said promise and assumption to One hundred and Nine Dollars and eighty seven cents*** WHEREUPON, the said ***Jacob Shofner*** prays that the said damages, together with ***his*** costs and charges, by ***him*** in and about ***his*** suit in this behalf expended, may be awarded to ***him***. Therefore, it is considered, that the said ***Jacob Shofner*** do recover against the said ***Burrel Clark*** the damages so found by the jurors aforesaid; and also ***Forty Dollars and four cents*** for ***his*** costs and charges aforesaid, which damages, costs and charges, in the whole, amount to ***One hundred and forty Nine Dollars and Ninety one cents*** to the said ***Jacob Shofner*** by the said court, now here with ***his*** assent adjudged, and ***[let]*** be the said ***Burrel Clark*** in mercy, and so forth. > > [Top:] Judgment entered up and Signed May 20th 1811 > Jno. Simpson Clerk *[The jurors' names are written closely together and several are uncertain.]* **Img. 15 - Back of the judgment** > Jacob Shofner > vs } Postea [&] Judgt. > Burrel Clark > > J. G. Mathis > Plffs Atty *[The judgment text from the other side shows through, reversed.]* --- **Img. 5 - Writ of fieri facias (printed form: "Fi. Fa. in Case, Printed by D. & J. J. Faust")** > 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 ***Burrel Clark*** you cause to be levied the sum of ***One hundred and forty Nine Dollars and Ninety one cents which Jacob Shofner*** in the Court of Common Pleas, before the Judges of said State, at ***Lancaster Court House*** lately recovered against the said ***Burrel for the damages which he sustained as well by reason of certain promises and assumptions by the said Burrel to the said Jacob made and not performed as for his*** Costs and Charges by ***him*** expended in and about prosecuting ***his*** Suit in that behalf, wherefore the said ***Burrel 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 Courthouse*** on the ***Second*** Monday after the fourth Monday in ***October*** next, to render to the said ***Jacob for his*** 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 ***Eleven*** and in the ***Thirty fifth*** Year of the Sovereignty and Independence of the United States of America. > > ***J. G. Mathis*** Plaintiff's Attorney. > > [Left margin:] Jno. Simpson Clk **Img. 4 - Back of the fi. fa. (endorsements and levy on land)** > [Left panel:] > Filed in my office 20th > May 1811 > Perry S.L.D. > > Satisfyed this 7th Octr. > 1811 > Perry S.L.D. > > [Upside down at the foot of the left panel:] > Levied on one tract of > Land Con[taining] 160 acres whear > on he lives this 19th > June 1811 Perry S.L.D. > > [Center panel:] > 140 Lancaster > Jacob Shofner > vs } Fi. Fa. in Case > Burrel Clark > To Nov. 1811 > > J. G. Mathis > Plffs Atty > > Virdict - $85.00 > Int. fr. 4 Feby 1807 } > to 8 Apr. 1811 } 24.87 > Do $109.87 > Attorney $23.42 > Sheriff Do 2.25 > Clerk Do 9.37 > Witn. > James Scott 3.00 > Saml. Dunlap 1.00 > 40.04 > 149.91 > > Execution $5.40 > > N[o] Proceed