# Lancaster County, SC - Court of Common Pleas - Judgment Roll 753 | | | |---|---| | **Case** | Hugh McCall, John J. Blair & James K. Douglass, merchants trading as Hugh McCall & Co., v. Burwell (Burrel) Clarke | | **Dates** | 1821-1824 | | **Roll** | Box 19, Roll 753 | | **Pages in source images** | 13 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 753 (Box 19). 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 [753](753/), 13 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, 6, 7, 9, 11, 12 and 13 were photographed sideways or upside down and were rotated for reading. - The defendant is "Burwell Clarke" in the declaration and writ, and "Burrel Clark(e)" in the note, judgment and executions. - The docket cover's box/roll mark is read "B19 R 753"; the figures are cramped. ## Transcription **Img. 1 - Docket cover of the declaration** > [Right panel:] > Roll 14 > [illegible] 1819 [?] > Lancaster > B19 R 753 > > Hugh McCall & Co > vs } Declon in Assmpt. > Burwell Clarke > > Blair > > Filed 19th February 1823 > Ord. for Judgt. same day > > Transferred > > Plea withdrawn & Refd. > > I assess the damage due to the plaintiff in this Case to One hundred and Sixty Six Dollars and twelve Cents with Interest on One hundred and thirty Eight Dollars & Sixty three Cents from 3rd Novr 1823 till paid > Wm. McKenna C.C.P. > > Judt. Ent. Up & Exn. Issued 6th Decr 1823 > > Williams & Clinton > > Received [?] > > [Left panel:] > Asspt. - 166.12 > Int. on $138.63 fr. 3rd Novr 1823 > Atto - 21.64 > Clerks - 6.69 > Shff - 1.82 > $30.15 > $196.27 > Add for Witness > Burrel Blackman > 2 Days - $2.00 --- **Img. 2 - Declaration (printed form)** > The State of South-Carolina, } > ***Lancaster*** [struck: illegible] DISTRICT. } ***To wit*** > > ***Burwell Clarke was*** attached to answer to ***Hugh McCall, John J. Blair and James K. Douglass merchants trading under the Firm of [struck: Jas. K. Douglass & Co] Hugh McCall & Co.*** of a plea of trespass on the case, and so forth; And whereupon the said ***[struck: James K. Douglass] Hugh McCall & Co.*** by ***George D. Blair their*** Attorney complain, That whereas, the said ***Burwell Clarke*** on the ***First*** day of ***September*** in the year of our Lord one thousand eight hundred and ***Twenty one*** at ***Lancaster*** Court-House in the District and State aforesaid, and within the jurisdiction of this Court, did make ***his*** certain Note in writing, commonly called a Promissory Note, with ***his*** own proper hand writing thereunto subscribed, bearing date the day and year last mentioned ***and ten days after the same year last mentioned*** [struck: which said Note, the said] did promise to pay, or cause to be paid, unto the said ***Hugh McCall James K. Douglass & John J. Blair*** or order, the full and just sum of ***one hundred and thirty Eight dollars and sixty three cents with Interest from First of January one thousand Eight hundred and Twenty one*** [struck: on or before the] > > by reason whereof, and by force of the statute in such case made and provided, and made of force in this State; the said ***Burwell Clarke*** became liable to pay to the said ***Hugh McCall and Company*** the sum of money in the said Note specified, according to the tenor and effect of the said Note: And being so liable, the said ***Burwell Clarke*** afterwards, to wit, The same day and year last-mentioned, at ***Lancaster*** Court-House aforesaid and within the jurisdiction of this Court, in consideration thereof, upon ***himself*** did assume, and to the said ***Hugh McCall & Co.*** then and there faithfully promised that ***he*** the said ***Burwell Clarke*** would well and truly pay to the said ***Hugh McCall & Co.*** the said sum of money in the said Note mentioned, according to the tenor and effect of the said Note: > > Yet the said ***Burwell Clarke his*** promise and assumption aforesaid, made, in no wise regarding, but contriving and fraudulently intending the said ***Hugh McCall & Co.*** in this behalf, craftily and subtly to deceive and defraud, the said ***Hugh McCall & Co.*** sum of money above-mentioned, or any part thereof, to the said ***Hugh McCall & Co.*** ***hath*** not paid (although oftentimes afterwards required to do so) but the same to the said ***Hugh McCall & Co.*** to pay the said ***sum of money hath*** hitherto altogether refused and still ***doth*** refuse; to the damage of the said ***Hugh McCall & Co. Three Hundred Dollars*** and therefore ***they*** bring suit, and so forth. > > ***Blair*** Plaintiff's Attorney. *[Words written over a torn fold in the middle of the first paragraph are partly lost.]* **Img. 3 - Copy of the note, plea and joinder (back of the declaration)** > (Copy note) > 138.63/100 > Ten days after date I promise to pay Hugh McCall & Co or order one hundred and thirty Eight Dollars Sixty three Cents with Interest with Interest from 1 Jany last, for value recd. Camden 1st Septr 1821 > Burrel Clark > > [Plea, written upside down:] > And the said Burrel by Williams & Clinton his attorney comes and defends the wrong & injury when &c and says he did not promise & assume in manner & form as the said Plaintiffs hath [struck: alleged the bodies] above alleged thereof against him and of this he puts himself upon the country &c. > Williams & Clinton D. Atty > > And the said Hugh & Co. doth so likewise > Blair > P. Atty --- **Img. 8 - The original promissory note** > (No. 116 [?]) > 138 63/100 > Ten days after date I promise to pay Hugh McCall & Co or order one hundred and thirty eight dollars sixty three cent with Interest from 1 Jany last for Value Recd. > Camden 1 Septr 1821. Burrel Clark > > [Interest calculation below, in another ink:] > 4/9.70 138.63 138.63 > 3/2.42 1/2 27.49 7 > 80 3/4 166.12 9.70.41 > 2.28 [?] 19.40.82 > 8.08 8.08.35 > 27.49.17 --- **Img. 6 - Original writ (printed form: "Writ - G. W. Carrol [?], 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 Burwell Clarke*** 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 ***Hugh McCall James K. Douglass and John J. Blair merchants trading under the firm of Hugh McCall & Co*** of a Plea of Trespass on the case, and so forth - also for certain promises and assumptions by the said ***Burwell Clarke [to] the said Hugh McCall and Co.*** made and not performed to the damage of the said ***Hugh & Co. two 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 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-***two*** and in the forty ***sixth*** Year of the Sovereignty and Independence of the United States of America. > > ***Blair*** Plaintiff's Attorney. > > [Left margin:] Wm. McKenna Clk **Img. 7 - Back of the original writ (endorsements)** > [Left panel:] > Entered in my office > 17 Octr 1822 > Perry Shff > > Copy left - 50 > 15 Miles - 1.36 [?] > $1.82 [?] > > [Center panel:] > 208 > Lancaster > Hugh McCall & Co > vs } Writ in Asspt. > Burwell Clarke > > Blair > > Return proved before > Wm. McKenna C.C.P. > > [Bottom panel:] > I appoint C. Carter [?] my Special deputy to serve this writ 19 Octr 1822 > Perry Shff > C. L. [copy left] by my deputy 19 Octr 1822 > Perry Shff --- **Img. 4 - Judgment (printed form: "Judgment in Assumpsit at Issue and Plea Withdrawn; and Damages Assessed - Camden Press")** > And now at this day, to wit, The ***First monday after the 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 said ***Burrel Clarke*** relinquish***es his*** plea aforesaid: Therefore it is considered by the Court, now here, that the said ***Hugh McCall & Co.*** ought to recover ***his*** damages by ***him*** sustained by reason of the premises, but because it is unknown what those damages are, therefore it is ordered that the same be referred to the Clerk of the Court for assessment, and the said Clerk thereupon ascertains the sum really due to the said ***Hugh McCall & Co.*** and assesses ***his*** damages aforesaid, besides ***his*** costs and charges by ***him*** expended in about prosecuting ***his*** suit in this behalf to ***One hundred and sixty six dollars and twelve cents*** > > Therefore is considered by the Court now here, that the said ***Hugh & Co.*** do recover against the said ***Burrel his*** damages so as aforesaid assessed, and also ***the sum of thirty two dollars and fifteen cents*** for ***his*** costs and charges aforesaid, to ***him*** by the Court, now herewith ***his*** assent adjudged, which said damages, costs and charges in the whole amount to ***One hundred and ninety Eight dollars & 27/100*** and be the said ***Burrel*** in mercy, and so forth. > > ***Blair*** > > [Left margin, written vertically:] Judgment Entered up and Signed 6th Decr 1823 > Wm. McKenna C.C.P. *[$166.12 plus $32.15 is $198.27. The docket cover's total of $196.27 uses $30.15 in costs, before the $2.00 for the witness was added.]* **Img. 5 - Back of the judgment** > H. McCall & Co. > v } Judgt. > B. Clarke > > Blair --- **Img. 11 - Note from the clerk to Sheriff Perry about the witness** > Mr. Perry, > I have examined the record and cant find that there ever was any witness ticket in the case; therefore I expect B. Blackman is the witness as I see that Blair has marked his name on the back of the record. > W. Adams [?] *[The signature is uncertain. "B. Blackman" is the witness "Burrel Blackman" named on the docket cover (Img. 1).]* --- **Img. 12 - Writ of fieri facias (printed form: "Fi. Fa. in Case - Camden Press")** > South-Carolina. > 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 ***Burrel Clarke*** you cause to be levied, the sum of ***One Hundred and Sixty Six dollars and twelve Cents as also the Interest on the Sum of one hundred & thirty eight dollars and sixty three cents from the third Day of November in the year of our Lord one thousand Eight hundred and twenty three up to the day of the satisfaction of this execution*** which ***Hugh McCall & Co.*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster*** Court-house, lately recovered against the said ***Burrel Clarke*** for the damages sustained by the said ***Hugh & Co.*** as well by reason [blank] as for ***their*** cost and charges by ***them*** expended in and about prosecuting ***their*** suit in that behalf, whereof the said ***Burrel was*** 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 ***March*** next, to render to the said ***Hugh & Co.*** 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 ELIHU HALL BAY, Esquire, Senior Associate Judge of the said State at ***Lancaster*** Court-House the ***first*** Monday after the fourth Monday in ***October*** 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. > > ***Blair*** Plaintiff's Attorney. > > [Left margin:] Wm. McKenna C.C.P. **Img. 13 - Back of the fi. fa. (levy on three tracts of land)** > [Left panel:] > Entered in my Office > 29th January 1824 > Perry Shff > > Given in by the Defendant three tracts Land first tract containing 100 acres more or less bounded by land of Jas. Blackmon & Jas. Blackmon Senr [?] & others the second tract containing 100 acres more or less bounded by land of George Lyles, A. Duren and others and the third tract containing 100 acres more or less bounded by land of Jesse Redding, John Hills [?] and others as his property > 30th January 1824 > Jno. McKenzie [?] > [for] Perry Shff > > [Center panel:] > Lancaster > H. McCall & Co. > vs } Fi. Fa. in Case > B. Clarke > > Blair > > Dam. $166.12 > Int. on $138.63 fr. 3 Nov. 1823 > Atty - 21.64 > Clk - 6.69 > Shff - 1.82 > Wit. - 2.00 *[The deputy's signature is uncertain; the second name in the first tract's bounds is cramped.]* --- **Img. 9 - Writ of capias ad satisfaciendum (printed form: "Ca. Sa. 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 you take ***the body of Burrel Clarke*** wheresoever ***he*** may be found in your respective districts, and ***him*** safely keep, so that you have ***his*** body before the Associate Judges of the said State, at the Court of Common Pleas, to be holden at ***Lancaster Court House*** for the district of ***Lancaster*** on the ***first*** Monday after the fourth Monday in ***March*** next, to make satisfaction to ***Hugh McCall & Co.*** in the sum of ***One hundred and sixty six*** dollars and ***twelve*** cents, and also the interest on the sum of ***One hundred and thirty Eight dollars & 63/100*** from the ***third*** day of ***November*** in the year of our Lord one thousand eight hundred and ***twenty three*** until satisfaction shall be made of this execution; which ***Hugh McCall & Co.*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster Court House in the court of Common pleas*** lately recovered against the said ***Burrel and also the sum of thirty two dollars & 15 [cents] for his*** Costs and Charges by ***him*** expended in and about prosecuting ***his*** Suit in that behalf, whereof the said ***Burrel is*** convicted, as appears on record. > > 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 ***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. > > ***Blair*** Plaintiff's Attorney. > > [Left margin:] Wm. McKenna C.C.P. **Img. 10 - Back of the ca. sa.** > [Left panel:] > Entered in my Office > 6th December 1824 [?] > Perry Shff > > Satisfied > > [Center panel:] > 1530 [?] > Lancaster > H. McCall & Co. > vs } Ca. Sa. in Case > B. Clarke > > Blair > > Dam. $166.12 > Int. on $138.63 fr. 3 Nov. 1823 > Atty - 21.64 > Clk - 6.69 > Shff - 1.82 > Wit. - 2.00 > 32.15