# Lancaster County, SC - Court of Common Pleas - Judgment Roll 591

| | |
|---|---|
| **Case** | James Westbrooks v. Nathaniel Barnett |
| **Dates** | 1828 |
| **Roll** | Box 16, Roll 591 |
| **Pages in source images** | 7 |

## Source

Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 591 (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 files: folder [591](591/), 7 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 and 5 were photographed sideways or upside down and were rotated for reading.
- The defendant's surname is "Barnett" on every paper, signed "Nathel Barnett" and "Nath^l Barnett."
- The judgment (Img. 2) is on a printed form for a judgment by default; the clerk struck through the default wording and wrote in a confession instead.

## Transcription

**Img. 5 - Docket cover of the declaration, with confession of judgment**

> [Right panel:]
> Roll 10
> Lancaster
> B16 R 591
>
> James Westbrooks
>    vs
> Nathaniel Barnett
>
> Clinton
> Pff Atty
>
> I confess Judgment in the above case for one hundred & two dollars October 2^nd 1828
>     Nath^l Barnett
>
> Recorded
>
> Staid till first Jan^y 1829 James Westbrooks
>
> Jud^t Ent^d up & Ex[ecutio]n Issued 25 Nov^r 1828
>
> [Left panel:]
> Confession $102 -
> Int fr 2 Oct^r 1828
>
> Atty $12 -
> Ck 5 -
>          $17 -
>          $119 -
>
> [On a small slip pasted to the left panel:] Han t [?]

---

**Img. 6 - Declaration**

> State of South Carolina }
> Lancaster District }
>
> Nathel Barnett was attached to answer to James Westbrooks of a plea of trespass on the case & so forth, whereupon the said James by Clinton his attorney complains, for that the said Nathel on the first day of October in the year of our Lord one thousand eight hundred and twenty eight at Lancaster Court House, in the State & District aforesaid and within the Jurisdiction of this Honorable Court, made his certain note in writing of that date, by which one day after the date thereof he promised to pay the said James one hundred & two dollars, for value Rec^d, by reason whereof, and by force of the Statute in such case made and provided, & of force in this State, the said Nathel became liable to pay to the said James the said sum of money in the note mentioned, and being so liable, in consideration thereof, afterwards, to wit, on the day & year last mentioned, the said Nathel did then & there promise that he would well & truly pay to the said James the said sum of money when he should be thereunto afterwards requested - Yet although often requested the said Nathel the said sum of money or any part thereof hath not paid, but to pay the same hath utterly refused, & still continues to refuse, to the damage of the said James two hundred dollars, & therefore he brings suit.
>
>     Clinton Pff Atto

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

> One day after date I promise to pay James Westbrooks or bearer One Hundred & two Dollars for Value Rec^d 1^st Oct^r 1828
>     Nathel Barnett

---

**Img. 4 - Original writ**

> State of South Carolina }
> Lancaster District }
>
> To all & singular the Sheriffs of the said State Greeting
>
> You & each of you are hereby commanded without delay to attach the body of Nathel Barnett, wheresoever he may be found within your & each of your respective districts, so that you compel him to be & appear before the Associate Judges of the said State, at the Court of Common Pleas, to be holden at Lancaster Court House, in & for the district of Lancaster, on the first Monday after the fourth Monday in October next, to answer to James Westbrooks of a plea of trespass on the case and so forth, also for certain promises & assumptions by the said Nathel to the said James made, & not performed, to the damage of the said James two hundred dollars. And have you this writ before the Clerk of the said Court fifteen days next before the sitting of the said Court.
>
> Witness John McKenzie Esquire, Clerk of the Court of Gen^l Sess[ions] & Common Pleas for Lancaster District, the first day of October in the year of our Lord one thousand eight hundred & twenty eight, & in the fifty third year of the Sovereignty & Independence of the United States of America.
>
>     Clinton Pff Atto

*["next" is written above the line after "October."]*

**Img. 3 - Back of the writ (acceptance of service)**

> Lancaster
> James Westbrooks
>    vs
> Nathaniel Barnett
>
> I accept the service of this writ to Fall Term 1828.
>     Nathel Barnett

---

**Img. 2 - Judgment by confession (printed form: "Judg. on Writ of Enq. Damag. Ass'd. by Clerk - Camden Press")**

> [Top margin:] Judg^t ent^d up & Signed 25^th Nov^r 1828
>     J. McKenzie
>     Clk
>
> ***Fall*** Term, 182***8***
>
> AND now at this day, to wit, the ***first*** Monday after the fourth Monday in ***October*** in the year of our Lord one thousand eight hundred and ***twenty eight*** come***s*** the said ***James*** the Plaintiff by ***his*** Attorney aforesaid, and pray***s*** that the said ***Nathaniel Barnett*** the Defendant, to the declaration of ***him*** the said Plaintiff may answer; and the said Defendant being solemnly called, come***s*** [struck: not, but make default, whereby the said Plaintiff remain thereof against ... undefended. Wherefore it is considered by the Court now here, that the said Plaintiff ought to recover against the said Defendant the damages by ... 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 direction of the Act of the General Assembly of the said State, in such case made and provided; and the said Clerk thereupon having ascertained the same, and assessed the Damages of the said Plaintiff by reason of the premises; besides ... costs and charges by ... expended in and about prosecuting ... suit in this behalf, to] ***& says he cannot deny the cause of action of the Plaintiff nor but that he did promise as Pltff hath alledged & that by reason of the non performance thereof he hath sustained damages to the amo^t of one hundred & two dollars with Int from 2^d Oct 1828 -***
>
> Therefore, it is considered by the Court now here, that the said Plaintiff do recover against the said Defendant the damages so [struck: ascertained and assessed as aforesaid; and also] ***so confessed as aforesaid, also the sum of Seventeen Dollars & - cents*** for ***his*** costs and charges aforesaid, to ***him*** by the Court now here, [struck: with] ***his*** assent adjudged; which said damages, costs and charges, in the whole amount to ***One hundred & nineteen Dollars*** and be the said defendant in mercy, and so forth.

*[The default wording in the middle of the form is crossed through with diagonal strokes rather than struck line by line; it is shown here as one struck passage.]*

**Img. 1 - Back of the judgment (docket and attorney's costs)**

> Ja^s Westbrook
>    v } Judg^t
> Nath. Barnett
>
> Clinton
> Pff Atty
>
> Writ - 4.00
> Decl. - 3.00
> C[onfession] & Jud[gmen]t - 3.00
>          12.00

*[The printed judgment form on the other side shows through, reversed.]*