# Lancaster County, SC - Court of Common Pleas - Judgment Roll 5442 | | | |---|---| | **Case** | Eleanor (Elenor) Blackmon v. J. B. Cousart | | **Dates** | 1858-1863 | | **Roll** | Roll 5442 | | **Pages in source images** | 9 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 5442. 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 [5442](5442/), 9 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:** - Most sheets were photographed sideways or upside down and were rotated for reading. The ink on the declaration (Imgs. 1-2) is pale and the readings of its fill-ins are partly uncertain. - No box number appears on the papers photographed. - The note sued on was signed by three makers - J. D. Caskey, J. B. Cousart and W. S. Harper - but this roll is the suit against Cousart. The endorsement on the fi. fa. (Img. 5) says the same debt was also sued against W. S. Harper and J. D. Caskey (see Rolls 5443 and 5473). ## Transcription **Img. 6 - Original writ (printed form: "Copy Writ in Case - Ledger Print")** > 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 J. B. Cousart*** the Defendant wheresoever found within your and each of your respective Districts, so that you compel 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 in ***October*** next, to answer to ***Elenor Blackmon the Plaintiff of a Plea that Defendant render unto Plaintiff the sum of two hundred and eight dollars and six cents which to the said Plaintiff the said Defendant owes and from the said Plaintiff unjustly detains*** [struck: the Plaintiff of a plea of Trespass on the Case, &c., to the damage of the said Plaintiff] ***to the damage of the said Plaintiff four 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, ***J. H. Hanna [?]*** Esquire, Clerk of the Court of Common Pleas, in and for the District of Lancaster at Lancaster Court House the ***twenty eighth*** day of ***September*** in the year of our Lord one thousand eight hundred and ***sixty*** and in the eighty ***fifth*** year of the Sovereignty and Independence of the United States of America. > > ***William A. Moore*** PLAINTIFF'S ATTORNEY. > > [Left margin:] J. H. Hanna [?] Clk **Img. 7 - Back of the writ (acceptance of service)** > Lancaster > Elenor Blackmon > vs } Writ in Debt > J. B. Cousart > > Moore > Plff Atty > > I accept service of this writ to Fall Term 1860. Sept 29th 1860 > J. B. Cousart > > (Original) --- **Img. 1 - Docket cover of the declaration** > Roll 5442 > Lancaster > Book 13 > > Elenor Blackmon > vs } Declaration in Debt > J. B. Cousart > > Moore > Pltff Atty > > Filed 8th Feby 1861 > Order for Judgment same day > J. H. Hanna [?] > Clk > > [Crossed through:] I assess the amount due in this case to be two hundred [illegible] dollars ... [illegible] ... > > I assess the amount due in this case to be Two hundred & fifty five dollars & 92 cents [illegible] with int. from 21 October 1861. > $205.92 [?] > J. H. Hanna [?] > Clk > > Fi. Fa. 31 Oct 1861 > J. H. Hanna [?] > Clk *[The figures in the clerk's assessment are uncertain: the cover reads both "two hundred & fifty five" and "$205.92"; the execution (Img. 4) was written for "two hundred and five dollars and ninety two cents."]* **Img. 2 - Declaration (printed form: "Declaration on Bond or Sealed Note - Printed at the Lancaster Ledger Office"), with copy of the note** > The State of South Carolina, } IN THE COMMON PLEAS. > ***Lancaster*** DISTRICT. } > > ***J. B. Cousart*** (the Defendant) ***was*** attached to answer to ***Elenor Blackmon*** the Plaintiff of a Plea, that the said Defendant render unto said Plaintiff the sum of ***two hundred and eight dollars and six cents*** which to the said Plaintiff the said Defendant owe***s*** and unjustly detain***s*** &c.; thereupon the said Plaintiff by ***William A. Moore her*** Attorney complain***s*** that whereas, the said Defendant heretofore, to wit; on the ***fourth*** day of ***October*** in the year of our Lord one thousand eight hundred and ***fifty eight*** at Lancaster Court House in the District and State aforesaid, by ***his*** certain writing obligatory, (commonly called a sealed Note) sealed with the Seal of the said Defendant acknowledged ***himself*** to be indebted to the said Plaintiff in the sum of ***two hundred and eight dollars and six cents*** above demanded; yet the said Defendant although often requested so to do, has not as yet paid the said sum of money above demanded, or any part thereof, to the said Plaintiff, but has hitherto neglected and refused, and still neglects and refuses so to do. Whereupon the said Plaintiff says that ***she*** is injured, and has sustained damage, to the amount of ***four hundred dollars*** and therefore ***she*** brings suit &c. > > And the said Plaintiff brings into Court, the ***writing obligatory*** aforesaid, sealed as aforesaid, which is sufficient evidence to the Court of the said debt in manner and form aforesaid, the date whereof is the day and year therein written, and in that behalf above mentioned. > > ***William A. Moore*** > Plaintiff's Attorney. > > (Copy Sealed Note) > $208.06 One day after date we or either of us promise to pay Elenor Blackmon or bearer the sum of two hundred and eight dollars & six cents for value received. Witness our hands and seals this 4th day October 1858 > J. D. Caskey (Seal) > (Signed) J. B. Cousart (Seal) > W. S. Harper (Seal) **Img. 3 - Back of the declaration (bill of costs)** > Assessment - $258.60 [?] / $205.92 [?] > Int. fr. 21 Oct 1861 > > Attys Cost > Writ & Decl. - $8 - > J. & Exn. - 3 > 11 - $11 > > Clk Thomas > Writ & Decl. - 87 1/2 > Copy - 12 1/2 > 1.00 1.00 > > Clk Hancock > Docket & Ruling - 25 > Assessment - 25 > J. & Exn. - 25 > Judt & Exn - 1.25 > Record - 1.50 3.50 > $15.50 *[The assessment figure at the top is overwritten and uncertain.]* --- **Img. 8 - Judgment (printed form: "Judgment on Writ of Inq. Damages assessed by Clerk, Debt or Assumpsit - Ledger Press")** > ***Fall*** TERM, 186***1*** > > And now at this day, to wit, the ***third*** Monday in ***October*** in the year of our Lord one thousand eight hundred and ***sixty one*** come***s*** the said ***Elenor Blackmon*** the Plaintiff by ***her*** Attorney aforesaid, and pray***s*** that the said ***J. B. Cousart*** the Defendant to the Declaration of ***her*** the said Plaintiff may answer: and the said Defendant being solemnly called, come***s*** not, but make***s*** default, whereby the said Plaintiff remain***s*** thereof against ***him*** undefended: Wherefore, it is considered by the Court now here, that the said Plaintiff ought to recover against the said Defendant ***the debt and the*** damages by ***her*** 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 Defendant to the said Plaintiff pursuant to the directions of the Act of the General Assembly of the said State, in such cases made and provided; and the said Clerk thereupon having ascertained the same, and assessed the ***debt and*** Damages of the said Plaintiff by reason of the premises, besides ***the*** costs and charges by ***her*** expended in and about prosecuting ***her*** suit in this behalf, to ***[struck: two hundred and fifty two dollars and thirty] Two hundred Eighty eight 68/100 dollars [?]*** with interest on ***the same*** from the ***twenty first*** day of ***October*** in the year of our Lord one thousand eight hundred and ***sixty one*** > > THEREFORE, It is considered by the Court now here, that the said Plaintiff do recover against the said Defendant the said sum of ***two hundred and fifty two dollars and thirty nine cents [?]*** the ***debt and*** the damages so ascertained and assessed as aforesaid; and also ***fifteen 50/100 dollars*** for ***her*** costs and charges aforesaid, to ***her*** by the Court now here, with ***her*** assent adjudged; which said ***debt*** damages, costs and charges, in the whole amount to ***two hundred and sixty seven 89/100 dollars*** with interest on ***two hundred and fifty two dollars and thirty nine cents*** from the ***twenty first*** day of ***October*** in the year of our Lord one thousand eight hundred and ***sixty one*** > > And be the said Defendant in mercy, and so forth. > > ***William A. Moore*** > Plaintiff's Attorney. > > [Top margin:] Judgment Entered up and Signed 31 Oct 1861 > J. H. Hanna [?] > Clk > > [Figures in the corner:] 252.39 / 15.50 / 267.89 *[The judgment's figures conflict with the execution, which was written for $205.92. The struck-through figure and the inserted one in the judgment are hard to read.]* **Img. 9 - Back of the judgment** > Lancaster > Elenor Blackmon > vs } Judgment > J. B. Cousart --- **Img. 4 - Writ of fieri facias (printed form: "Fi. Fa. - For Sale at the 'Ledger' Office, Lancaster, S.C.")** > 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 Chattles, Houses, Lands, and other Hereditaments and Real Estates of ***J. B. Cousart*** the Defendent you cause to be levied the sum of ***two hundred and five [struck: fifty two] dollars and ninety two cents*** [struck: thirty nine cents] and also the interest on the ***same*** [struck: sum] from the ***twenty first*** day of ***October*** in the year of our Lord one thousand eight hundred and ***sixty one*** until satisfaction shall be made of this Execution, ***and also Fifteen 50/100 Dollars*** [struck: which] dollars and cents which ***Eleanor Blackmon*** the Plaintiff in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster Court House*** in and for the District of ***Lancaster*** lately recovered against the said Defendant ***as well for the detention and non payment of a certain debt as for*** costs and charges by ***her*** expended, in and about prosecuting ***her*** suit in that behalf, whereof the said Defendant ***is*** convicted, as appears on record. > > And have you there this Writ, "according to law," and the said Moneys, before the Judges, at the Court of Common Pleas, to be holden at the place aforesaid, to render to the said Plaintiff ***her*** Debt and Damages aforesaid. > > WITNESS, ***H. J. [?] Hancock*** Esquire, Clerk of the Court of Common Pleas, in and for the District aforesaid, at the place aforesaid, the ***twenty first*** day of ***October*** in the year of our Lord one thousand eight hundred and ***sixty one*** and in the ***86th*** year of the Sovereignty and Independence of the [struck: United States of America] ***State of South Carolina***. > > ***William A. Moore*** Plaintiffs Attorney. > > [Left margin:] H. J. [?] Hancock Clk *[By October 1861 South Carolina had seceded; the clerk struck out "United States of America" and wrote "State of South Carolina."]* **Img. 5 - Back of the fi. fa.** > [Left panel:] > Entered 31 Oct 1861 > Amos McManus > S.L.D. > > [Center panel:] > Roll 5442 211 > Lancaster > Eleanor Blackmon > vs } Fi. Fa. in Debt > J. B. Cousart > > Moore > Plff Atty > > Assessment - $205.92 > Int. fr. 21 Oct 1861 > > Atty - 11.00 > Clk Thomas - 1.00 > do Hancock - 3.50 > 15.50 > Shff - .50 > 16.00 > > Satisfied > 7 Mch 1863 > A. McManus > S.L.D. > > This Fi. Fa. is for same debt with that of same Plff against W. S. Harper and same against J. D. Caskey > Moore > > [Right panel:] > Recd of Deft E. A. Caskey 7 March 1863 Four Dollars full fi. fa. cost in this case > A. McManus > S.L.D. *[The payer in the sheriff's receipt is written "E. A. Caskey"; the reading of the initials is uncertain.]*