# Lancaster County, SC - Court of Common Pleas - Judgment Roll 579 | | | |---|---| | **Case** | Elijah Blackman v. Burrell Blackman | | **Dates** | 1823-1825 | | **Roll** | Box 16, Roll 579 | | **Pages in source images** | 10 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 579 (Box 16). 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 579 - Blackman vs Blackman.pdf](Judgment%20Roll%20579%20-%20Blackman%20vs%20Blackman.pdf), 10 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. ## Transcription **PDF p. 1 - Docket cover of the declaration** > [Left panel:] > Verdict - $50.00 > atto cost - $21.65 > Clerks do - 8.36 > Shffs do - 2.25 > Witness[es] - [blank] 32.26 > $82.26 > > [Lower left, pencil:] 9.86 / 1.50 / 8.36 > > [Right panel:] > 10 R [struck: 7] 8 B15 [?] > Lancaster > B16 R 579 > Elijah Blackman > v } Decla[ratio]n in Case > Burrell Blackman > > Miller & Dunlap > > Filed 2 Novr 1824 > Issue Joined same day > > We find for the Plff. fifty dollars > Sam R Gibson > foreman > > Recorded > Judt ent[ere]d up & Ex[ecutio]n issued 14 Jany 1825 --- **PDF pp. 2-4 - Declaration, plea and replication** > South Carolina } > Lancaster District } To wit Burrell Blackman otherwise called Burrel Blackman was attached to answer to Elijah Blackman of a plea of trespass on the case, and also for falsely and maliciously and without any reasonable or probable cause, causing and procuring the said Elijah to be prosecuted for felony, to his damage one thousand dollars. Whereupon the said Elijah by Miller and Dunlap his Attornies complains, for that whereas the said Elijah now is a good true honest and faithful Citizen of this State, & as such hath allways conducted himself and before the committing of the several grievances by the said Burrell as herein after mentioned had deservedly acquired and obtained the good opinion and credit of all his neighbours, & other good and worthy Citizens of this State, yet the said Burrell well knowing the premises but contriving and maliciously intending to injure the said Elijah in his aforesaid good name and credit, & to cause him the said Elijah to be imprisoned, for a long space of time, and thereby to impoverish oppress and wholy ruin him heretofore, to wit, on the third day of March in the year of our Lord one thousand eight hundred and twenty three, at Lancaster Court House in the District and State aforesaid, went and appeared before one Amasa Howard Esqr. one of the Justices assigned to keep the peace of the said State, in and for the District aforesaid and also to hear and determine divers felonies and misdemeanors, committed in the said District; and then and there before the said Amasa Howard Justice as aforesaid, falsely and maliciously and without any reasonable or probable cause charged the said Elijah with having feloniously stolen and carried away one or more hogs the property of the said Burrell and upon such charge he the said Burrell falsely and maliciously, and without any reasonable or probable cause, caused and procured the said Amasa Howard, Justice as aforesaid to make and grant his certain warrant under his hand and seal for the apprehending of the said Elijah and bringing him before the said Amasa Howard, to be dealt with according to Law. And the said Burrell, under & by virtue of the said Warrant, afterwards wrongfully & unjustly, and without any reasonable or probable cause, caused and procured > > [p. 3] the said Elijah to be arrested by his body, and to be carried and conveyed in custody, before one William R. Horton one of the Justices, assigned to keep the peace of the said State, in and for the District of Lancaster, & also to hear and determine divers felonies and misdemeanors, committed in the said District, and to be bound in a certain bond or obligation with security to appear personally at the next Court of Sessions, for Lancaster District, and to abide the order of the Court; and the said Burrell afterwards, to wit, at a Court of Sessions holden in and for the District & State aforesaid, 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, falsely and maliciously, and without any reasonable or probable cause, prefered and cause to be prefered a Bill of Indictment against the said Elijah by the name of Elijah Blackmon to the Jurors of and for the District aforesaid, for that the said Elijah on the first day of September, in the year of our Lord one thousand eight hundred and twenty two, with force and arms at Lancaster Court House, in the District and State aforesaid, one Barrow of the value of five dollars and one sow of the value of one dollar of the the goods and chattels of the said Burrell, then and there being feloniously did steal take and drive away, against the act of the General Assembly in such case made and provided, and against the peace and dignity of the same State. Which said Bill of Indictment the Jurors aforesaid upon their oaths and affirmations, returned No Bill. And the said Elijah afterwards to wit, at a Court of Sessions holden in and for the District and State aforesaid, at Lancaster Court House, on the first monday after the fourth monday in October, in the year of our Lord one thousand eight hundred and twenty three, by order of the Court, was and is duly discharged of and from the said offence, in the said Bill of Indictment specified, and the said prosecution is wholy ended and determined. By means of which said several premises he the said Elijah hath been and is greatly injured in his said > > [p. 4] credit and reputation, and hath suffered great pain and anxiety of body and mind and hath been greatly hindered and prevented from following & transacting his lawful & necessary affairs and business, and is otherwise greatly injured in his credit and circumstances, to the damage of the said Elijah one thousand dollars and therefore he brings suit. > Miller & Dunlap Plffs Attys > > And the said Burrell by Williams & Clinton his attorneys comes & defends the wrong & injury when &c. & says that he is in no wise guilty of the premises aforesaid above laid to his charge as the aforesaid Elijah above complains against him & of this he puts himself upon the Country &c. > Williams & Clinton > D. attys > And the said Plaintiff doth so likewise > Miller & Dunlap > Plff Atty > And the said defendant further pleads that the said Action is barred by the Statute of Limitations > W. Clinton --- **PDF p. 5 - Judgment (printed form: "Postea Judgment on Issue Tried, and Verdict for Plaintiff" - Camden Press)** > AND now at this day, to wit, the ***first monday after the*** [struck: Monday in] ***fourth monday in October*** to which day the issue aforesaid, was continued in the Court of Common Pleas, at ***Lancaster*** Court-House, come the parties aforesaid, and the Sheriff of ***Lancaster*** District, as he has heretofore been commanded, returns, that he has summoned 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 aforesaid, to be holden at the place aforesaid on the day aforesaid, by whom, and so forth; and who neither, and so forth; to recognize, and so forth; because as well, and so forth. And afterwards, that is to say, on the day, and at the place aforesaid, before the Justices aforesaid, come as well the said ***Elijah*** by ***his*** Attorney aforesaid, as the said ***Burrell*** by ***his*** Attorney aforesaid; and the Jurors aforesaid, being demanded, some of them, to wit, ***Samuel R Gibson 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 Burrell is guilty of the premises*** as the said ***Elijah*** above, in ***his*** declaration has alleged against ***him*** and they assess the damages of the said ***Elijah*** by reason ***of the premises aforesaid*** over and above ***his*** costs and charges, by ***him*** about ***his*** suit in this behalf expended to ***fifty dollars***. > THEREFORE, it is considered, that the said ***Elijah*** do recover against the said ***Burrell*** ***his*** damages so found by the Jurors aforesaid; and also ***thirty two dollars & twenty six cents*** for ***his*** costs and charges aforesaid, to the said ***Elijah*** by the said Court, now herewith ***his*** assent adjudged, and be the said ***Burrell*** in mercy, and so forth. > > Judgment entered up and signed 14 Jany 1825 > Wm McKenna ccpl --- **PDF p. 6 - Bail bond of William Blackman, 25 Mar 1823 (criminal case)** > Know all men by these presents that we William Blackmon & John J Blackmon are held and firmly bound unto the State of South Carolina in following sums of money to wit the said William in the sum of one hundred Dollars and the said John J in the sum of fifty Dollars for which payment well and truly to be made we jointly and severally bind our selves and each and every of our heirs Executors administrators and assigns unto the said State for the use thereof in case the said William shall fail in an under written condition. > The condition of the above obligation is such that if the above bound William shall be and personally appear before the assotiate Judge of the court of Sessions for Lancaster District at Lancaster court house on the first monday after the forth monday in March then and there to answer a bill of indictment brought against him by the State of South Carolina for feloniously taking and stealing [struck: ...] of Burrel Blackmons hog or hogs and shall then and there abide the order of said court and shall not at any time depart without leave of said court then the above obligation to be void otherwise to remain in full force and virtue. Signed Seald and acknowledged this 25th March 1823 > Wm R Horton J.Q. William (his X mark) Blackman (L.S.) > John J Blackman (L.S.) --- **PDF p. 7 - Original writ (attachment), 1823 (printed form; G. W. Tarbox, printer)** > 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 Burrell Blackman otherwise called Burrel 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 ***first*** Monday after the fourth Monday in ***October*** next, to answer to ***Elijah Blackman*** of a Plea of Trespass on the case, and so forth - also for [struck: certain promises and assumptions by the said ... to the said ... made and not performed to the damage of the said] ***falsely and maliciously and without any reasonable or probable cause, causing and procuring the said Elijah to be prosecuted for felony to his damage 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 ***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. > ***Miller & Dunlap*** Plaintiff's Attorneys > [Left margin:] [Wm Mc]Kenna clk --- **PDF p. 8 - First writ of fieri facias (printed form: "[FI. FA. IN CASE.]"; Printed at the State Journal Press)** > 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 ***Burrell Blackman*** you cause to be levied the sum of ***fifty*** dollars [struck: ... cents, and also the interest on the sum of ... dollars ... cents from the ... day of ... in the years of our Lord one thousand eight hundred and twenty ... until satisfaction shall be made of this execution]; which ***Elijah Blackman*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster Court House*** lately recovered against the said ***Burrell: as also the sum of thirty two dollars & 26 cents for his*** costs and charges by ***him*** expended in and about prosecuting ***his*** suit in that behalf, whereof the said ***Burrell is*** convicted, as appears on record. And that you have the monies before the Judges, at the Court of Common Pleas, to be holden at ***Lancaster*** Court-house, on the ***first*** Monday after the fourth Monday in ***March*** next, to render the said ***Plaintiff for his*** [struck: 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 ELIHU HALL BAY, Esquire, Senior Associate Judge of the said State, at ***Lancaster*** Court-house, on the ***first*** Monday after the fourth Monday in ***October*** in the year of our Lord one thousand eight hundred and twenty ***four*** and in the ***forty ninth*** year of the sovereignty and independence of the United States of America. > ***Miller & Dunlap*** Plaintiff's Attorney. > [Left margin:] Wm McKenna clk --- **PDF p. 9 - Back of the second fi. fa. (sheriff's levy and sale)** > [Left panel:] > Entered in my office 3 Octr 1825 > Jno Sims S.L.D. > > I have by my special deputy Jno. W. Blackman Levied on the Plantation whereon the defendant lives. Also the Plantation whereon Nathaniel Clark lives, as the property of the defendant lying on the waters of Little Lynches Creek adjoining Lands of Wm Adams, Moab [Stevens? / Suvery?] & others. 5 October 1825 > Jno Sims Shff > > The Land as above levied bid off by Saml Caston at Ten dollars Novr 1825 [?] > Jno Sims > > [Center panel:] > 88 > Lancaster > Elijah Blackman > v } 2d fi fa in Case > Bur. Blackman > Miller & Dunlap > > Verd - $50.00 > Atty - $21.65 > Clk - 8.36 > Shff - 2.25 32.26 > Atty on Ren[ewal] - 1.07 > Clk on ditto - 0.54 > > Shffs Com[mission] on fifa - $4.14 > > Retain ten dollars in addition to ballance of tax fee > [initials: S. D. M.? / J. D.?] > > [Right panel, written vertically:] > I appoint Jno. W. Blackman my Special Deputy to Levy on the goods and Chattels Lands and tenements of the Deft at the Plffs Risk. 3 Octr 1825 > Jno Sims [Shff] **PDF p. 10 - Second writ of fieri facias (printed form: "Fi. Fa. in Case" - Camden Press)** > 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 ***Burrell Blackman*** you cause to be levied the sum of ***fifty*** dollars [struck: and ... cents, also the interest on the sum of ... dollars and ... cents, from the ... day of ... in the year of our Lord one thousand eight hundred and ... until satisfaction shall be made of this execution]; which ***Elijah Blackman*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster*** Court-house, lately recovered against the said ***Burrell, as also the sum of thirty two dollars & twenty six cents*** [struck: for the damages which he sustained by reason of the non-performance of certain promises and assumptions by the said ... to the said ... made as] for ***his*** Costs and Charges by ***him*** expended in and about prosecuting ***his*** Suit in that behalf, whereof the said ***Burrell 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 ***Lancaster*** Court-house on the ***first*** Monday in ***October*** next, to render the said ***Plaintiff*** for ***his*** Damages, Interest, 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 ELIHU HALL 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 f[ive? / our?]*** and in the ***forty ninth*** Year of the Sovereignty and Independence of the United States of America. > ***Miller & Dunlap*** Plaintiff's Attorney. > [Left margin:] Jno McKenzie ccpl *[The year on p. 10 is hard to read ("twenty five" or "twenty four"). The "forty ninth" year of independence and Jno. McKenzie's signature as clerk (he replaced McKenna in 1825) point to March 1825.]*