# Lancaster County, SC - Court of Common Pleas - Judgment Roll 446

| | |
|---|---|
| **Case** | Robert Love v. Glass Caston & Samuel Caston |
| **Dates** | 1804-1809 |
| **Roll** | Box 12, Roll 446 |
| **Pages in source images** | 10 |

## Source

Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 446 (Box 12). 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 [446](446/), 10 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, 7 and 9 were photographed sideways or upside down and were rotated for reading.
- This is a second suit between the same parties as Roll 444, on a third note of the same date (4 October 1804) for $220 due 25 December 1807.

## Transcription

**Img. 1 - Docket cover of the declaration, with bill of costs**

> [Right panel:]
> Roll # 19
> Lancaster District
> B12 R 446
>
> Robert Love
>    vs } Decleration in Assumpsit
> Glass Caston
> Samuel Caston
>
> [struck: W. Ross Atty]
> Clarke Plffs Atty
>
> Filed Sept 12th 1808
> Rule posted the same day
>
> We find for the plaintiff the Sum of Two hundred & twenty Dols. with Interest
>     Joseph Doby foreman
>
> [Judgt. ent.] up May 27th 1809
>
> [Left panel:]
> Henry Love
> Nedham Cato
>
> Attys tax costs
> Writ - L1 -
> Declon - 1.5 -
> 2 Sub. Writs - .10 -
> Argument - 1.5 -
> Jury - .5 -
> Judg & Execution - 1.1 [?]
>     Equal to $22.71.4 [?]   L5.6 [?]
> Clerks - 8.50
> Shffs Lee - 3.32
> Perry - [struck: 96]
>     34.53

*["Henry Love" and "Nedham Cato" at the head of the costs are the witnesses. The attorney's pounds total is hard to read.]*

---

**Img. 2 - Declaration, with copy of the note**

> South Carolina }
> Lancaster District }
>
> Glass Caston and Samuel Caston were attached to answer to Robert Love in a plea of Trespass on the Case and so forth; and also for Certain promises and assumptions by the said Glass and Samuel to the said Robert made and not performed to the damage of the said Robert Three hundred Dollars. And thereupon the said Robert by Caleb Clarke [struck: illegible] his attorney complains that whereas the said Glass and Samuel on the fourth day of October in the year of our Lord one thousand Eight hundred and four, at Lancaster Court house in the District and State aforesaid and within the Jurisdiction of this Court, made their note in writing subscribed with their own hand commonly called a promissory Note, bearing date the same day and year aforesaid by which said Note the said Glass and Samuel promised to pay the said Robert or order, on or before the twenty fifth day of December in the year of our Lord one thousand Eight hundred and seven, the sum of Two hundred and twenty dollars for Value Recd. By reason whereof and also by force of the Statute in such case made and provided the said Glass and Samuel became liable to pay to the said Robert the said sum of Two hundred and twenty dollars in the said Note mentioned according to the tenor and effect of the said Note. And being so liable they the said Glass and Samuel in consideration thereof afterwards to wit on the same day and year aforesaid and within the Jurisdiction of this Court at Lancaster Court house in the District and State aforesaid undertook and then and there faithfully promised the said Robert that they the said Glass and Samuel would well and truly pay to the said Robert the said Sum of Two hundred and twenty dollars, in the said Note mentioned according to the tenor and effect of the said Note.
>
> Nevertheless the said Glass and Samuel Caston not at all regarding their said several promises and undertakings so by them made as aforesaid but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said Robert in this behalf hath not paid the said sum of Money or any part thereof to the said Robert, or him for the same in any manner satisfied. Altho so to do they the said Glass and Samuel afterwards that is on the same day and year aforesaid and often after at Lancaster Court house in the District and State aforesaid was requested. But the said Glass and Samuel hath hitherto intirely refused and still doth refuse to pay the same to the said Robert to the damage of the said Robert Three hundred Dollars, Therefore he brings suit and so forth.
>
>     W. Ross Plffs Atty
>
> We or either of us do promise to pay Robert Love or his order the Just sum of two hundred and twenty dollars to be paid on or before the twenty fifth day of December in year 1807 for Value Recd. this 4th day of October 1804.
> Test                              Glass Caston
> Henry Love                        Saml. Caston -

*[The declaration names Caleb Clarke as attorney in the text but is signed by W. Ross.]*

---

**Img. 7 - The original promissory note**

> We or Either of us Do Promise to pay unto Robert Love or his order the just sum of two hundred and twenty Dollars to be paid on or before the twenty fifth day of Decemr in year 1807 for Value Recd. this 4 day of October 1804
> Test                              Glass Caston
> Henry Love                        Saml. Caston

**Img. 8 - Back of the note**

> Glass Caston &
> Saml. Caston
>
> Sued 14th [?]
> January 1808
> Due Do 13th [?] Days [?]
> 1808 [?]

*[The endorsement on the right of this sheet is faint; ink from the front shows through.]*

---

**Img. 5 - Original writ (printed form)**

> THE STATE OF SOUTH-CAROLINA.
> ***Lancaster District*** To all and singular the Sheriffs of the said State, GREETING.
>
> YOU, and each of you, are hereby commanded without delay, to ***Attach the bodies of Glass Caston and Samuel Caston*** 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, in and for the district of ***Lancaster*** on the ***Second*** Monday ***after [struck: after] the fourth Monday in March*** next, to answer to ***Robert Love in a plea of Trespass on the Case and so forth, and also for Certain promises and assumptions by they said Glass and Samuel to the said Robert made and not performed to the damage of the said Robert Three 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 ***Seven*** and in the [struck: illegible] ***thirty second*** year of the Sovereignty and Independence of the United States of America.
>
>     ***W. Ross*** Plaintiff's Attorney.
>
> [Left margin:] Jno. Simpson C.C.P.

**Img. 6 - Back of the original writ (endorsements)**

> [Left panel:]
> Filed in my Office
> Janry 14th 1808 -
>     Thos. Lee Shff
>
> [Center panel:]
> Lancaster District
> Robert Love
>    vs } Writ in Assumpt
> Glass Caston
> Samuel Caston
>
> W. Ross atty
>
> Summoned Personally by Thomas Carson [?] Janry 21st 1808
>
> 239
>  34.53
> 273.53
>
> 10
> 3
> 2.6
> 15.6
>
> [Right panel:]
> I do hereby Authorise and Appoint Thomas Carson [?] to be my Lawfull Special Deputy to Execute this precept according to Law
>     Thos. Lee Shff
>
> I have by Thomas Carson [?] my Lawfull Special Deputy Served each of the within Named Defendants Personally with a true Copy of this Writ with the Legal notice thereon Indorsed Pursuant to an Act of General Assembly
>     Thos. Lee Shff

---

**Img. 9 - Subpoena to Henry Love (printed form)**

> SOUTH-CAROLINA, } THE STATE OF SOUTH-CAROLINA.
> ***Lancaster*** District. }
>
> TO ***Henry Love***
>
> 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 Court House in and for the District of Lancaster on the second Monday after the fourth Monday in March*** next, then and there to testify the truth, according to your knowledge, in a certain cause now depending and to be tried, between ***Robert Love*** Plaintiff, and ***Glass Caston & Samuel Caston*** Defendant, on the part and behalf of the ***said 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 Court House*** the ***second*** Monday after the fourth Monday in ***October*** in the Year of our Lord one thousand eight hundred and ***eight*** and in the ***thirty third*** Year of the Sovereignty and Independence of the United States of America.
>
>     ***Clark Plff Atty***
>
> [Left margin:] Jno. Simpson Clerk

**Img. 10 - Back of the subpoena**

> Filed in my office 23rd
> February 1809
>     Perry S.L.D.
>
> Lancaster District
> Robt. Love
>    vs } Sub[poena]
> Glass Caston &
> Saml. Caston
>
> Clark
> Plff Atty
>
> Witness
> Henry Love
>
> Del[ivere]d

---

**Img. 4 - 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 Justices of the said State, at the Court of Common Pleas, to be holden at ***Lancaster Court House*** on the ***second Monday after [struck: illegible] 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, at the place aforesaid. And afterwards, that is to say, on the day, and at the place aforesaid, before the Justices aforesaid, come as well the said ***Robert Love*** by ***his*** Attorney aforesaid, as the said ***Glass Caston and Samuel Caston*** by ***his*** Attorney aforesaid, and the Jurors aforesaid, being demanded, some of them, to wit: ***Joseph Doby foreman***,
>
> 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 ***the said Glass Caston and Samuel Caston did promise and assume in manner and form***
>
> as the said ***Robert Love*** above in ***his*** declaration hath alleged against ***them*** and they assess the damages of the said ***Robert Love*** by reason of ***the non performance of the said promises and assumptions*** over and above ***his*** costs and charges, by ***him*** about ***his*** suit in this behalf expended to ***two hundred and thirty nine dollars Ninety Cents*** [struck: Sterling money of the State aforesaid]
>
> THEREFORE it is considered, that the said ***Robert Love*** do recover against the said ***Glass Caston and Samuel Caston their*** damages so found by the Jurors aforesaid; and also ***Thirty four Dollars and fifty three Cents*** for ***his*** Costs and Charges aforesaid, to the said ***Robert Love*** by the said Court, now here with ***his*** assent adjudged, which damages amount in the whole to ***two hundred and seventy three Dollars and fifty three Cents*** and be the said ***Glass Caston and Samuel Caston*** in mercy and so forth.
>
>     ***Clark***
>     ***Plff Atty***
>
> [Top margin:] Judgment entered up and signed May 27th 1809
>     Jno. Simpson Clerk

*[$239.90 plus $34.53 is $274.43; the total written ($273.53) and the figures on the back of the writ ($239 + $34.53) use $239.00.]*

**Img. 3 - Back of the judgment**

> Lancaster District
> Robert Love
>    vs } Trial Judgt. in Case
> Glass Caston &
> Saml. Caston
>
> Clark
> Plff Atty