# Lancaster County, SC - Court of Common Pleas - Judgment Roll 754 | | | |---|---| | **Case** | Elizabeth Caston v. Burrel (Burwell) Clarke (attachment) | | **Dates** | 1819-1825 | | **Roll** | Box 19, Roll 754 | | **Pages in source images** | 12 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 754 (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 [754](754/), 12 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. - Imgs. 2 and 3 show small slips (a payment endorsement and the plaintiff's affidavit) lying on top of the declaration; parts of the slips are covered by other papers. - The writ of attachment (Img. 8) is written in a small, faded hand across a folded sheet. Its wording follows the standard form for a writ of foreign attachment, and only the fill-ins could be read with confidence; uncertain passages are marked. - The note was signed by Burrel Clarke and Wilks Caston, but only Clarke was sued. ## Transcription **Img. 1 - Docket cover of the declaration, with confession of judgment** > [Right panel:] > Roll [struck: illegible] 14 > Lancaster > B19 R 754 > > Elizabeth Caston > v } Declon in attacht. > Burrel Clarke > $200 > > Miller & Dunlap > Pltffs Attys > > Filed May 29th 1823 > [struck: Rule posted same day] > Rule published 4th June 1823 > > Recorded > > I confess Judgment in this Case for the amt. of note Interest and Cost with a stay of Execution until the first of January 1825. Witness my hand 6th day of August 1823 > Burrel Clark[e] > Test > Wm. McKenna > > Judt. Ent. up & Exn. Issued [?] Septr 1823 > > [Left panel:] > Confession - $111.64 > Int. on 100.52 fr. 4 August 1823 > > Atto Cost - 14.14 > Clks do - 6.40 > Shff do - 3.00 $23.54 > $135.18 --- **Img. 4 - Declaration, with copy of the note** > South Carolina } In the Common pleas To wit > Lancaster District } > > Burrell Clarke late of Lancaster District was attached by his monies goods and chattels debts and Books of acct. as also by his Lands Leasehold estate and chattels real, to answer to Elizabeth Caston of a plea of trespass upon the case and so forth also for certain promises and assumptions by the said Burwell to the said Elizabeth made and not performed to the damage of the said Elizabeth two hundred Dollars. Whereupon the said Elizabeth by Miller and Dunlap her Attornies complains for that the said Burwell on the twelfth day of [struck: May] March in the year of our Lord one thousand eight hundred and nineteen, at Lancaster Court house in the State and District 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 By which said note the said Burrel ten months after the date thereof promised to pay the said Elizabeth the sum of One hundred & Six Dollars & - - [struck: cents] for value received of [?] the said Elizabeth. By reason whereof and by force of the Statute in such case made and provided and made of force in this State the said Burrel became liable to pay to pay the said sum of money, and being so liable in consideration thereof afterward towit on the day and year last aforesaid at Lancaster Court House aforesaid the said Burrel undertook and then and there faithfully promised the said Elizabeth that he would well and truely pay the said sum of money when he should be thereunto afterward required. Yet the said Burrel altho' often requested hath not paid the said sum or any part thereof except the sum of twenty Dollars, but the ballance to pay the said Burrel hath hitherto altogether refused and still doth refuse, to the damage of the said Elizabeth Two hundred Dollars and therefore she brings her suit and so forth. > > Miller & Dunlap Pltffs Atty > > Copy Note > $106 - Ten months after date we or either of us do promise to pay Elizabeth Caston or order the sum of One hundred and Six Dollars it being for value received. March 12th 1819 - > Signed } Burrel Clarke > } Wilks Caston > > Copy Credits > Recd. of they within note twenty Dollars December the 28 day 1821 **Img. 2 - Payment endorsement (slip from the back of the note)** > Received of they within Note twenty dollars december the 28 day 1821 > > [Calculation:] > 106 106 $14.84 > 7.42 1/2 14.58 26 15 Days Int. off > 14.58 Int. Rec[d] 28th **Img. 3 - Affidavit of Elizabeth Caston, 1823** > South Carolina } Personally came before me Eliza- > Lancaster District } beth Caston and made oath that Burrell Clarke is Justly indebted to her the sum of one hundred [struck: and four] dollars and [struck: illegible] fifty eight cents together with Interest on the same from the [January?] [covered] > > Sworn and subscribed 5th May 1823 before > Wm. McKenna J.Q. Elizabeth (her mark) Caston --- **Img. 8 - Writ of attachment (handwritten; faded)** > State of South Carolina } To all and singular the Sheriffs of the said State, > Lancaster District } > > You and each of you are hereby required and commanded immediately to attach the monies, goods, chattels, debts and books of account, as also the lands, leasehold estates and chattels real of Burrel Clarke, who is about to leave this State (as it is said) [?], in the hands, power or possession of any person or persons whomsoever within your and each of your respective districts, so as to make him appear [?] before the Judges of the Court of Common Pleas, to be holden at Lancaster Court House on the first Monday after the fourth Monday in March next, to answer to Elizabeth Caston of a plea of trespass on the case and also for certain promises and assumptions by the said Burrel to the said Elizabeth made and not performed, to the damage of the said Elizabeth two hundred Dollars [...] pursuant to the act of the General Assembly of the said State in such case made and provided; and that at such time as you do execute this Writ, you do summon the person or persons in whose hands or possession the said monies, goods, chattels, debts and books of account [are found ...] to appear before the said Judges [...] to declare on oath what sum or sums of money [...] and also an account of all such lands [...] [illegible] And have you then and 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 two, and in the forty seventh year of the Sovereignty and Independence of the United States of America. > > Miller & Dunlap Plffs Attys > > [Top margin:] Wm. McKenna Clk **Img. 7 - Back of the writ of attachment (sheriff's return)** > [Left panel:] > Entered in my office > 21 Novr 1822 > Perry S.L.D. > > Shff $3 - > > [Center panel:] > (6) > Lancaster > Elizabeth Caston > vs } Writ in attach[ment] > Burrel Clarke > > [struck: A. H. Davidson] > Miller & Dunlap Pltffs Atty > > Orig[inal] > > [Right panel, written vertically:] > Levied this Attachment on the plantation whereon the Defendant Lives lying on the Rocky river road 25 Novr 1822 > Perry S.L.D. --- **Img. 6 - Judgment by confession** > And the said Burrell Clarke in his proper person comes and defends the force and injury when &c and says that he cannot deny the action of the said Elizabeth Caston, nor but that the said Elizabeth Caston hath sustained damages by reason of the non performance of the promises and assumptions aforesaid to one hundred and eleven dollars and sixty four cents as the said Elizabeth Caston hath above complained [?]. Whereupon the said Elizabeth Caston prays Judgment and those damages so acknowledged, together with her costs and charges by her about her suit in this behalf sustained to be adjudged to her and so forth. > > Therefore it is considered that the said Elizabeth Caston do recover against the said Burrell Clarke the damages aforesaid to one hundred and eleven dollars and sixty four cents above acknowledged, and also Twenty three dollars and fifty four cents for her costs and charges aforesaid with her assent by the said Court now here adjudged which said damages in the whole amount to [blank] and the said Burrell Clarke be in mercy and so forth. > > Judgment entered up and signed 18 September 1823 > Wm. McKenna C.C.P. **Img. 5 - Back of the judgment (attorney's fees)** > Eliz. Caston > v } Judg[men]t > Burrel Clarke > > Attorneys Fee > Writs - 4.29 > Declaration - 5.36 > Judgments - 3.21 > Execution - 1.29 > $14.15 --- **Img. 9 - First writ of fieri facias (printed form: "Fi. Fa. for Principal and Interest - 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, Lands and other Hereditaments and Real Estates of ***Burrell Clarke*** you cause to be levied, the sum of ***One hundred and thirty five dollars and eighteen cents*** and also the interest which shall accrue on ***One hundred dollars and two cents [sic]*** being the principal sum of the judgment in this case, from the ***fourth*** day of ***August*** in the Year of our Lord one thousand eight hundred and ***twenty three*** up to the day on which such levy shall be made and satisfaction entered on this execution, which ***Elizabeth Caston*** in the Court of Common Pleas before the Judges of the said State at ***Lancaster*** Court-house, lately recovered against the said ***Burrell*** for damages sustained by the said ***Elizabeth*** as well by reason of promises and assumptions by the said ***Burrell*** to the said ***Elizabeth*** made and not performed as for ***her*** Costs and Charges by ***her*** expended in and about prosecuting ***her*** Suit in that behalf, whereof the said ***Burrell 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 ***Elizabeth for her*** 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 ***[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 Attorney. > > [Left margin:] Wm. McKenna Clk *[The principal is written "one hundred dollars and two cents" here; the docket cover and backs give $100.52. Several fill-ins on this sheet are faded.]* **Img. 10 - Back of the first fi. fa.** > Lancaster > Elizabeth Caston > v } Fi. Fa. in Attach[ment] > Burrel Clarke > > Confession - $111.64 > Int. on $100.52 from 4 August 1823 > > Atto Cost - 14.14 > Clk do - 6.40 > Shff do - 3.00 = 23.54 > $135.18 > > Wait till 1st January 1825 > > [Rd.? / Recd?] 26 Feby 1824 --- **Img. 11 - 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 ***Burrel Clarke*** you cause to be levied the sum of ***One hundred and thirty five dollars*** and ***eighteen*** cents, also the interest on the sum of ***One hundred*** dollars and ***fifty two [?]*** cents, from the ***fourth*** day of ***August*** in the year of our Lord one thousand eight hundred and ***twenty three*** until satisfaction shall be made of this execution; which ***Elizabeth Caston*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster*** Court-house, lately recovered against the said ***Burrel*** for the damages which ***she*** hath sustained by reason of the non-performance of certain promises and assumptions by the said ***Burrel*** to the said ***Elizabeth*** made as for ***her*** Costs and Charges by ***her*** expended in and about prosecuting ***her*** Suit in that behalf, whereof the said ***Burrel 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 [sic] ***March*** next, to render the said ***Elizabeth*** for ***her*** 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 ***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 **Img. 12 - Back of the second fi. fa.** > Lancaster > Elizabeth Caston > v } 2d Fi. Fa. in Attacht. > Burrel Clarke > > Confession - $111.64 > Int. from 4th Augt 1823 > > Atto - $14.14 Paid > Clk - 6.40 Paid > Shff - 3.00 $23.54 > $135.18 > > Atto cost - $1.07 R[enewal] > Clk do - .54 [?] Paid > Shff do - 1.96 > > Wait till 1st Feby [?] 1825 *[The writing on this back is faint and partly obscured by an ink blot.]*