# Lancaster County, SC - Court of Common Pleas - Judgment Roll 97 | | | |---|---| | **Case** | Thomas Blakeney v. Daniel Clarke | | **Dates** | 1803-1806 | | **Roll** | Box 3, Roll 97 | | **Pages in source images** | 11 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 97 (Box 3). 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 [97](97/), 11 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:** - Img. 1 is a closer photograph of the docket cover also shown on the left of Img. 3. Img. 6 is a sideways photograph of the costs page also shown on the left of Img. 8. - Imgs. 2, 4, 9, 10 and 11 were photographed upside down, and Img. 5 sideways; they were rotated for reading. - The judgment (Imgs. 7-8) is in a rapid, very irregular hand. Many words are read from the context of the standard judgment form and are marked `[?]`. ## Transcription **Img. 1 (and Img. 3, left) - Docket cover of the declaration** > [Left panel:] > Confession [?] > Int fr. 25 Dec. 1804 } $108..50 > to 11 Nov. 1805 } 6..64 > 115..14 > > [Right panel:] > Lancaster District > B3 R 97 Roll # 16 [?] > > Thomas Blakeney > vs } Decl[aratio]n in Assum[psit] on Note > Daniel Clarke > > A Blanding > > Filed August 28th 1805 - > Rule to plead posted the same day > > Plea filed & issue joined Nov. 11th 1805 > > We find for the plaintiff one hundred & eight dollars and fifty cents and interest from 25 December 1804. > Wm Barkley Foreman > > [illegible] 6 months [?] --- **Img. 2 - Declaration (printed form, with the promissory note copied on it)** > SOUTH-CAROLINA, } To wit. > ***Lancaster*** District. } > > ***Daniel Clarke was*** attached to answer ***to Thomas Blakeney*** in a plea of trespass on the case, and so forth; WHEREUPON, the said ***Thomas by Abram Blanding his*** attorney complains that Whereas the said ***Daniel*** on the ***twenty fifth*** day of ***October*** in the year of our Lord one thousand eight hundred and ***three*** at ***Lancaster*** Court House, in the district and state aforesaid, and within the jurisdiction of this Court, made ***his*** certain note in writing, commonly called a Promissory Note, with ***his*** own proper hand thereunto subscribed, bearing date the day and year last mentioned; which said note, the said ***Daniel*** promised to pay, or cause to be paid, unto the said ***Thomas Blakeney or order the just sum of one hundred and eight dollars and fifty cents fourteen months after the day and year above mentioned*** for value received; by reason whereof, and by force of the statute in such case made and provided, and made of force in this state, the said ***Daniel*** became liable to pay to the said ***Thomas*** the said sum of money in the said note mentioned, according to the tenor and effect thereof; and being so liable, he the said ***Daniel*** afterwards, to wit: on the same day and year first above mentioned, at ***Lancaster*** Court-House aforesaid, and within the jurisdiction of this court, in consideration thereof, upon ***himself*** did assume, and to the said ***Thomas*** then and there faithfully promised, that ***he*** the said ***Daniel*** would well and truly pay the said ***Thomas*** the said sum of money in the said note mentioned, according to the tenor and effect of the said note, whenever ***he*** should be thereunto afterwards required. Yet the said ***Daniel his*** promise and assumption aforesaid, in form aforesaid made, in no wise regarding, but contriving and fraudulently intending the said ***Thomas*** in this behalf to deceive and defraud, the said sum of money above mentioned, or any part thereof, to the said ***Thomas*** ha***th*** not paid, (although ***often thereunto required***) but the same to pay the said ***Thomas Blakeney*** the said ***Daniel Clarke*** ha***th*** hitherto altogether refused, and still ***doth*** refuse, to the damage of the said ***Thomas two hundred and fifty dollars*** and therefore ***he*** bring***s*** suit, and so forth. > > ***Abram Blanding Plffs Atty*** *[Part of the printed text near the middle fold is faint; the wording above follows what is visible.]* **Img. 2 (lower corner) - Copy of the promissory note** > $108..50 October 25th day 1803 > Fourteen months after date I promise to pay or cause to be paid unto Thomas Blakeney or order the just sum of one hundred and eight dollars and fifty cents it being for value received of him as witness my hand and seal > Test > Cad Lucy [?] > Daniel Clarke --- **Img. 3, right - Plea and joinder** > And the said Daniel Clarke, by Richardson his Attorney, comes and defends the wrong and injury when &c and says he did not promise & assume as he is above [?] alleged by the said Thomas Blakeney & of this he puts himself upon the country &c > Richardson > Defts [?] Atty > > And the said Thomas Blakeney doth so likewise > Blanding --- **Img. 5 - Original writ (printed form)** > 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 Daniel 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 ***March*** next, to answer to ***Thomas Blakeney of a plea of trespass on the case and also for certain promises and assumptions by the said Daniel to the said Thomas made and not performed to his damage two hundred and fifty 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 JOHN FAUCHERAUD GRIMKE, 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 ***four*** and of the Sovereignty and Independence of the United States of America the ***twenty ninth*** > > ***Blanding*** Plaintiff's Attorney. > > [Lower left, partly under a paper patch:] Jno. S[illegible] Clk --- **Img. 4 - Back of the original writ (endorsements)** > [Left panel:] > Filed in my Office March 2 > 1805 Thos. Lee S.L.D. > > [Center panel:] > Lancaster District > > Thos. Blakeney > vs } Writ in Assumpsit > Daniel Clarke > > Blanding > > Personally Servd. March 4 > > [Right panel, written vertically:] > I have personally Servd. the within Named defendant with a true copy of this [struck: annexed] Writ with the legal notice thereon endorsed pursuant to an act of the General Assembly - > Thos. Lee S.L.D. --- **Imgs. 7-8 - Judgment (award of the jury and verdict)** > Whereupon it is commanded [?] that the Sheriff of Lancaster District do summon forty eight good and lawful men by ballot pursuant to the directions of the act of the general Assembly of the said State in such case made and provided personally to be and appear at the court of common pleas to be holden at Lancaster court house on the second [?] Monday after the fourth Monday in October next [illegible] to make a Jury by whom [?] [illegible] because as well the said Thomas Blakeney as the said Daniel Clark have thereof put themselves on the country. The same day is given to the parties aforesaid there and so forth. > > November Term 1805 > > At which day before the [Justices?] aforesaid at the court of common pleas aforesaid holden at Lancaster court house come the parties aforesaid and the sheriff aforesaid having made due return of the venire [?] aforesaid, the jurors thereby summoned [?] being called come, [illegible] to wit William Barkley foreman [illegible] who being elected [?] tried and sworn to speak the truth of and concerning the premises and upon their oath say that the said [struck: illegible] Daniel did assume and promise in manner and form as the said Thomas hath above [?] complained against him and they assess the damages of the said Thomas by reason of the non performance of the promises and assumptions aforesaid besides his cost and charges by him expended in and about prosecuting his suit in this behalf to one hundred and fifteen dollars and fourteen cents. Therefore it is considered by the court now here that the said Thomas do recover against the said Daniel his damages so as aforesaid assessed and also [blank] for his cost and charges by him as aforesaid expended to him by the court now here adjudged, which said damages cost and charges in the whole amount to [blank] and be the said Daniel in mercy &c. > > [At the top of Img. 7:] Judgement entered up and Signed December 6th 1805 > Jno. Simpson Clerk --- **Img. 8, left (and Img. 6) - Docket cover of the judgment, with bill of costs** > Thos. Blakeney > vs } Judgmt. > Daniel Clark > > Blanding > > Damages - Note $108..50 > & Int - 6..64 > 115..14 > > Attors costs > Writ - 1.- > Declon - 1.5 > Rule - 2.4 > Agt [?] - 1.5 > Subpa [?] - 5 > Jury - 5 > Judgmt - 15 > Exon - 6 > Reg. Judgt - 1 > L5.4.4 > Equal to $22.35 > Shffs do > Clks do - 7..37 > Cad. Lucy [?] 3.- > > Whole amt $ *[The attorney's items are in shillings and pence. The writer converted the total of 5 pounds 4 shillings 4 pence to $22.35.]* --- **Img. 9 - Defendant's agreement to pay (a slip pasted onto the back of the fi. fa.)** > Thomas Blakeney > vs } Judgment in Assumpsit. > Daniel Clark > > I agree to pay the amount of the above Judgment by next Court if the assessment [?] does not. Nov. 14. 1805 > Wit. Elijah (his X mark) Clark > A. Blanding --- **Img. 10 - Writ of fieri facias (printed form: "Fi. Fa. in Case" - Printed by D. & J. J. Faust)** > 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 ***Daniel Clarke*** you cause to be levied the sum of [blank] which ***Thomas Blakeney*** in the Court of Common Pleas, before the Justices of the said state, at ***Lancaster court house*** lately recovered against the said ***Daniel for the damages which he sustained as well by reason of the nonperformance of certain promises and assumptions by the said Daniel to the said Thomas made as for*** Costs and Charges by ***him*** expended in and about prosecuting ***his*** Suit in that behalf, wherefore the said ***Daniel*** [is] convicted, as appears on record. And that you have the said Monies before the said Justices, at the Court of Common Pleas, to be holden at ***Lancaster court house*** on the ***second*** Monday after the fourth Monday in ***March*** next, to render to the said ***Thomas 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 JOHN FAUCHERAUD GRIMKE, 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 ***five*** and in the ***thirtieth*** Year of the Sovereignty and Independence of the United States of America. > > ***Blanding Plffs Atto*** > > [Left margin:] Jno. Simpson Clk --- **Img. 11 - Back of the fi. fa. (endorsements)** > [Left panel:] > Filed in my Office Jany > 31th 1806 Thos. Lee S.L.D. > > [Center panel:] > Lancaster > > Thomas Blakeney > vs } Fi Fa in Case > Daniel Clarke > > Blanding > > Note Pa[id?] $108..50 > Int fr. 25 Dec. 1804 > Attors costs $17 [?] > Shffs do > Clks do 7..37 > Cad. Lucy [?] 3.- > > fully Satisfied > > Staid till court -