# Lancaster County, SC - Court of Common Pleas - Judgment Roll 553 | | | |---|---| | **Case** | William Ellis v. John Blackman | | **Dates** | 1820-1825 | | **Roll** | Box 15, Roll 553 | | **Pages in source images** | 14 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 553 (Box 15). Original records held by the South Carolina Department of Archives and History, Columbia, SC. Transcribed from photographs of the original judgment roll (image file: [Judgment Roll 553 - Ellis vs Blackman.pdf](Judgment%20Roll%20553%20-%20Ellis%20vs%20Blackman.pdf), 14 pages). ## 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. - "PDF p." numbers refer to the page order of the source image file, which is not always the order the papers were written in. **Notes on these images:** - Some lines along a torn fold of the declaration (pp. 2-4) could not be read. ## Transcription **PDF p. 1 - Docket cover (declaration)** > Roll [?] 20 > Lancaster > B15 R 553 > > William Ellis > vs } Decl[aratio]n in Case $1000 > John Blackman > > Williams & Clinton, Pltffs Atty > > Filed July 30th 1821 > Ordered for Judgement the same day > > We find for the Plaintiff the sum of five Dollars > Joseph Massey > Fore Man > > Recorded > I have rec'd Blackman's part of the cost in this case > Wm McKenna > > Judgt in Pap[ers] & Ex[ecution] issued 8th September 1823 > ent[ere]d --- **PDF pp. 2-4 - Declaration** > State of South Carolina } In the Common Pleas > Lancaster District } To wit > > John Blackman was attached to answer William Ellis of a Plea of trespass on the Case and so forth - Whereupon the said William the Plaintiff by Williams and Clinton his attornies Complains, for that whereas the said William before and at the time of the committing of the grievance by the said John as herein after next mentioned was and from thence hitherto hath been and still is lawfully possessed of a certain Messuage and Garden thereto belonging with the appurtenances situate lying [and being in the] district [aforesaid] [illegible - torn fold] the waters of Big Lynches Creek, And by reason thereof he the said William during all the time aforesaid ought to have had and still of right ought to have a certain way out of the said Garden unto, into, through and over a certain Close or plantation of him the said John in the District aforesaid and from and out of the same unto and into a certain Close or plantation lying situate and being in that section of the District aforesaid known by the name of Piney-woods, in the District aforesaid and so back again from the said Close or plantation of him the said William in the piney woods aforesaid unto, into, through, over and along the said Close of him the said John and from and out of the same unto and into the said Garden of the said William for himself and his servants with his horses and Carts and waggons to go, return, pass and repass every year and at all times of the year at his and their free will and pleasure as to the said Messuage and Garden with the appurtenances [of the said William belonging and appertaining?]; yet the said John well [knowing?] the premises but wrongfully and unjustly contriving and intending to injure the the said William in that behalf and to deprive him of the use and benefit of his said way whilst he the said William was so possessed of his said Messuage and Garden as aforesaid, to wit, the twenty fifth day of January in the year of our Lord one thousand eight hundred and twenty one and on divers other days and times between that day and the day of [struck: the] the commencement of this Suit at Lancaster Court House aforesaid wrongfully and injuriously placed and erected and caused and procured to be placed and erected very large quantities of boards, planks, rails and wood in and across the said way and put and placed and caused to be put and placed divers other wood of large quantity in the said way and kept and continued the said the planks and rails so placed and erected in and across the said way as aforesaid also the said other wood and lumber in the same way as aforesaid for a long space of time to wit, hitherto and thereby during all the time aforesaid, the said way was and still is obstructed and stopped up, and the said William by means thereof during the time aforesaid or any part thereof [could not] nor can he now have or enjoy his said way as he of right ought to have done and is by means of the premises deprived of the use benefit and advantage thereof to wit at [Lancaster?] &c aforesaid - > > And whereas also the said William before and at the time of Committing the grievances herein after mentioned was and from thence hitherto hath been and still is lawfully possessed of a certain other Messuage situate in the district of Lancaster on the waters of Lynches Creek and state aforesaid, by reason thereof he the said William during all the time aforesaid ought to have had and still of right ought to have a certain way from the said Messuage unto, into through and over a certain Close in the district aforesaid and on the waters of the Creek aforesaid unto and into a certain Common and high way commonly called the Lawyers-Road and so back again from the Publick highway aforesaid unto, into through and over the said Close, and from thence unto the said Messuage of the said William for his servants and himself to go return pass and repass on foot every year and at all times of the year at his and their pleasure, yet the said John well knowing the premises last aforesaid wrongfully intending to injure the said William in that behalf and to deprive him of the use and benefit of his said last mentioned way whilst he the said William was so possessed of the last mentioned Messuage to wit on the day and year aforesaid in Lancaster district aforesaid, and on divers other days and times between the day aforesaid and the filing this declaration, wrongfully and injuriously stopped up and obstructed the last mentioned way and the said William by means thereof could not during the time aforesaid nor can he have or enjoy his said last mentioned way as he of right ought to have done and otherwise might and would have done and hath been and is deprived of the use benefit and advantage thereof to wit at &c and &c - Whereupon the said William saith that he hath sustained damage to the amount of one thousand dollars and therefore he brings suit &c - > > Williams & Clinton > Pltffs Atty **PDF p. 3, lower half - Back of the folded declaration (costs and notes)** > Verdict $5.00 > [illegible] from [9th?] April 1823 > Atty - 4.60 [?] > Clk - 7.02 [?] > Shff - 2.48 14.10 > $19.10 > > [Notes in a different hand, very faint; reading highly uncertain:] > I Consider > The old road stopped > because the old [road?] > branch[?] and the road > altered accordingly[?] > > Colo. [?] > not so good a road > as the old road [?] --- **PDF p. 5 - Docket cover (judgment)** > Wm Ellis > v } Judg[men]t > Jno Blackman > > Williams & Clinton --- **PDF p. 6 - Judgment** > Lancaster District > > And now at this day to wit, on the first Monday after the fourth Monday in October in the year of our Lord One thousand eight hundred and twenty two before the associate Judges of the Court of Common pleas at Lancaster Court House for Lancaster District come the aforesaid William Ellis by his attornies aforesaid, and pray that the said John to the declaration aforesaid may answer, and the said John although Solemnly Called comes not, nor says any thing in bar or preclusion of the action aforesaid of the said William, but has made default, whereby the said William remains against the said John thereof undefended. Wherefore the said William ought to recover against the said John damages sustained by reason of the premises, but because it is unknown to the said Court what damages the said William hath sustained by reason of the premises Therefore it is commanded that the Sheriff of the said District do summon forty eight good & lawful Men to be drawn by ballot pursuant to the directions of the acts of the general assembly in that case made & provided to be and appear immediately before the Judges aforesaid to make a jury according to the acts aforesaid to enquire what damages the said William hath sustained by reason of the premises, Whereupon the Sheriff aforesaid having made due return of the jurors aforesaid in form aforesaid, & the jurors impanneled & sworn pursuant to the said acts aforesaid having found that the said William hath sustained damages by reason of the premises to five dollars. Therefore it is considered that the said William do recover against the said John the damages so found by the jurors aforesaid & also the sum of fourteen dollars & ten cents for his costs & charges by him expended, in & about his suit in this behalf to the said William by the said Court with his assent adjudged. Amounting in the whole to Nineteen - dollars & ten - Cents & be the said John in Mercy &c so forth [?] > > Judgment entered up and signed 6th September 1823 > Wm McKenna C.C.P. --- **PDF p. 7 - Docket cover (first fi. fa.)** > 1424 R6 > Lancaster > B15 R 553 > > Wm Ellis > v } Fi Fa in Case > Jno Blackman > > Williams & Clinton > > Ver[dict] - $5.00 > Atty for Judg & Execution } $4.60 > Clk - 7.02 > Shff - 2.48 > $19.10 > > Renewed 19th May 1825 --- **PDF p. 8 - First writ of fieri facias (printed form: "Fi. Fa. in Case" - P. Carey, Print. Yorkville, 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 Chattels, Houses, Lands, and other Hereditaments and Real Estates of ***John Blackman*** you cause to be levied the sum of ***five*** Dollars [struck: Cents, and also the interest on the sum of ... Dollars ... Cents from the ... day of ... in the year of our Lord one thousand eight hundred and twenty ... until satisfaction shall be made of this execution;] which ***William Elles*** in the Court of Common Pleas, before the Judges of the said State, at York [printed; not altered] Court-House, lately recovered against the said ***John Blackman for damages sustained by the said William by reason of that the said John prevented the said William from using a certain way over the close or plantation of the said John, by the said John erecting or causing to be erected divers wood, stone [?] rails & boards [?] in & across the way aforesaid, also the sum of fourteen - dollars & ten cents for his*** costs and charges by ***him*** expended in and about prosecuting [his] suit in that behalf, whereof the said ***John is*** convicted, as appears on record. And that you have the said Monies before the Judges, at the Court of Common Pleas, to be holden at York Court-House, on the ***first*** Monday after the fourth Monday in ***October*** next, to render the said ***William for his*** debt and damages 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 ***E H Bay*** - Esquire, Senior Associate Judge of the said State, at ***Lancaster*** Court-House, on the ***first*** Monday after the fourth Monday in ***March*** in the year of our Lord one thousand eight hundred and twenty-***three*** - and in the ***forty seventh*** year of the Sovereignty and Independence of the United States of America. > > ***William & Clinton*** Plaintiff's Attorney. > > [Left margin:] Wm McKenna Clk --- **PDF p. 9 - Original writ (attachment / capias)** > 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 John Blackman*** 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 ***William Ellis*** of a Plea of trespass on the case [struck: and so forth; also for certain promises and assumptions by the said ... to the said ... made and not performed to the damage of the said] ***to the damage of the said William one thousand 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 Elihu Hall Bay, 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 ***twenty*** and in the forty ***fifth*** Year of the Sovereignty and Independence of the United States of America. > > ***William & Clinton*** Plaintiff's Attorney. > > [Left margin:] Wm McKenna Clk --- **PDF p. 10 - Back of the original writ (endorsements)** > [Left panel:] > Entered in my office > 19 March 1821 > [illegible - sheriff's signature, possibly "Perry"] S.L.D. > > Shff - $2.50 > > [Center panel:] > Lancaster > Wm Ellis > vs } [struck: Summ] Writ in Case $1000 > Jno Blackman > > Williams & Clinton > original > > [Right panel, written vertically across the printed notice:] > Personally served the within named defendant with a copy of this writ 23rd March 1821 > [illegible - sheriff's signature] Shff > > [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 to the Court of Common Pleas, to be holden at ... Court House, for ... District, on the ... Monday after the ... Monday in ... next, in order to make your defence in this action: and that in case of your refusal or neglect, during the sitting of the said Court, Judgment may be entered against you by default. --- **PDF p. 11 - Back of the second fi. fa. (endorsements)** > [Left panel:] > Entered in my office > 21 May 1825 > Jno [Sims?] S.L.D. > > Nulla bona. Search > made by my deputy > Wm Williams 14 Septr 1825 > 12 Miles Jno [Sims?] S.L.D. > 5 > 60 > 96 > 156 > > [Center panel:] > 12 > Lancaster > Wm Ellis > vs } 2d Fi Fa in Case > John W Blackman > > Williams & Clinton Pltffs Atty > > Verd - $5. > Atty - 4.60 > do this renl [renewal] 1.07 > Clk - 7.02 > Shff - 2.48 > do on Execution 1.52 > Clk McKenzie - 0.54 > > Renewed 20 Decr 1825 > Proceed for atty & costs > This is the oldest execution --- **PDF p. 12 - Second writ of fieri facias (printed form: Lancaster District; stereotyped by J. Howe, N. York, for James Lyon, Editor of the Pee Dee Gazette)** > 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 ***as you have before been [commanded]*** without delay, that of the Goods and Chattels, Houses, Lands and other Hereditaments and Real estates of ***John W Blackman*** you cause to be levied, the sum of ***five dollars - *** and also the interest which shall accrue on being the principal sum of the judgment in this case, from the ... day of ... in the Year of our Lord one thousand eight hundred and ... up to the day on which such levy shall be made and satisfaction entered on this execution, which ***William Ellis*** in the Court of Common Pleas before the Judges of the said State at ***Lancaster*** Court-House, lately recovered against the said ***John*** for damages sustained by the said ***William by reason that the said John prevented the said William from using a certain way over the close of him the said John &c. also fourteen dollars & ten cents for his*** Costs and Charges by ***him*** expended in and about [struck: prosecuting] ***his*** Suit in that behalf [struck: as well by reason of promises and assumptions to the said ... made and not performed as for ...], whereof the said ***John 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 ***first*** Monday after the fourth Monday in ***October*** next to render to the said ***William 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 ***E H Bay*** Esquire, Senior Associate Judge of the said State, at ***Lancaster*** Court-House the ***first*** Monday after the fourth Monday in ***March*** in the Year of our Lord one thousand eight hundred and ***twenty five*** and in the ***forty Ninth*** Year of the Sovereignty and Independence of the United States of America. > > ***William & Clinton*** Plaintiff's Att[orne]y > > [Left margin:] ***judgment in*** [written next to "that behalf"] > Jno McKenzie C.C.P. --- **PDF pp. 13-14 - Tax bill (bill of costs)** > Wm Ellis > vs } Tax Bill > John Blackman > > Atty's Bill > Judgt - 3.21 > Execution - 1.29 > 4.50 > > Shffs Bill > 1 personal service - 7.0 [a "1.2" is written above] > 18 Miles - 4.6 > 11.6 > $2.48 > > Clerks Bill > Signing & Sealing writ - 1.0 > proving return - 1.6 > Filing declaration - 0.9 > 3.3 > > [p. 14] > Brot over - 3.3 > Order for Judgt - 7.0 > Docketing case - 1.0 > Transferring do - 1.0 > Continuance - 1.0 > Docketing case - 1.0 > Continuance - 1.0 > Docketing case - 1.0 > Continuance - 1.0 > Docketing case - 1.0 > Continuance - 1.0 > Docketing case - 1.0 > Attendance - 2.0 > Entering on Minutes - 0.6 > Reading Verdict - 0.6 > Judgment - 2.0 > Execution - 2.6 > Rec[ordin]g proceedings - 5.0 > L1.12.9 > Equal to $7.02 *[The sheriff's and clerk's fees are in shillings and pence. The clerk's items add up to 1 pound 12 shillings 9 pence, which the clerk converted to $7.02.]*