Judgment Roll: Josiah Smith Jr. and John Edwards vs. John Norman, 28 July 1766

JUDGMENT ROLL
1766
BOX 67A NO. 227A


South Carolina:
Know all Men by these Presents, That I John Norman, of Berkley County in the Province aforesaid Gun Smith, am held and firmly bound unto Josiah Smith Junior and John Edwards of the same County in the Province aforesaid Gentlemen, in the full and just Sum of Two thousand Pounds [£2000] good and lawful Money of the Province aforesaid, to be Paid unto the said Josiah Smith Junior and John Edwards, their certain Attorney, Executors, Administrators, or Assigns: To which Payment well and truly to be made and done; I bind myself and each and every of my Heirs, Executors, and Administrators firmly by these Presents. Sealed with my Seal, and dated the twenty fifth Day of July, in the year of our Lord one thousand Seven hundred and Sixty Six, and in the Sixth year of his Majestys Reign.

The condition of the above obligation is such, That if the above bound John Norman, his Heirs, Executors, or Administrators, shall and do well and truly pay, or Cause to be Paid unto the above named Josiah Smith Junior and John Edwards, their certain Attorney, Executors Administrators, or Assigns, the full and just Sum of One thousand Pounds [£1000] good and lawful Money of the Province aforesaid, with Interest thereon from the date hereof, on or before the twenty Sixth Day of July instant, which will be in the year of our Lord One thousand Seven hundred and Sixty Six [26 Jul 1766], without fraud or further Delay, then the above Obligation to be void and of none Effect, or else to Norman in full force and Virtue.

{signed} John Norman (LS)

Sealed and Delivered in the Presence of Wm. [William] Stoutenburgh.

Copy


Smith et al.
vs
Norman

Copy Bond

Filed 28th July 1766

Williams


South Carolina }
Berkley County } to wit.
John Norman otherwise called John Norman of Berkley County in the Province aforesaid Gun Smith was Attached to answer to Josiah Smith the younger & John Edwards otherwise called Josiah Smith Junior and John Edwards of the same County in the Province aforesaid Gentlemen of a Plea that he render to them two thousand pounds [£2000] good & lawful money of the province aforesaid which to them he owes and unjustly detains and so forth: And Whereupon the said Josiah Smith and John Edwards by Robert Williams Junior their Attorney Complain; That Whereas the said John Norman on the twenty fifth Day of July in the year of Our Lord One thousand Seven hundred and Sixty Six [25 Jul 1766] at Charles Town in Berkley County in the Province aforesaid and within the Jurisdiction of this Court by his certain Writing Obligatory Commonly Called a Bond Sealed with the Seal of the said John Norman acknowledged himself to be held and firmly bound unto the said Josiah Smith & John Edwards in the said two thousand Pounds good and lawfull [sic] money of the Province aforesaid to be Paid unto the said Josiah Smith & John Edwards whenever he the said John Norman should be thereunto afterwards required: Yet the said John Norman altho' often thereunto afterwards required, the said two thousand Pounds or any part thereof to the said Josiah Smith & John Edwards or either of them hath not paid; but the same to the said Josiah Smith & John Edwards or either of them to pay the said John Norman hitherto altogether hat refused, and still doth refuse: Wherefore the said Josiah Smith & John Edwards say they are worse and Damage have sustained to the Value of Fifty Pounds [£50] of like Money abovementioned; and therefore they bring their Suit and so forth. And they produce here into Court the aforesaid Writing Obligatory which testifies the said Debt in form aforesaid, the Date whereof is the day and year abovesaid and so forth.

Williams Atty [Attorney] for the [_____]

And the aforesaid John Norman by Joshua Ward his Attorney Comes and defends the force and Injury when and so forth: And says he cannot deny but that the said Writing Obligatory is the Deed of him the said John Norman nor but that he doth owe unto the said Josiah Smith and John Edwards the said two thousand Pounds good and lawful money of the province aforesaid in manner and form as the said Josiah Smith & John Edwards above against him have Declared.

Ward Defts Atty [Defendant's Attorney]

Therefore it is Considered that the said Josiah Smith & John Edwards do recover against the said John Norman their Debt aforesaid And also thirty one pounds eight shillings and four pence [£31-8s-4p] current Money of the Province aforesaid for their Damages which they sustained as well by reason of the Detention of the said Debt as for their Costs and Charges by them Expended in and about Prosecuting their Suit in the behalf; by the Court here to the said Josiah Smith & John Edwards with their assent adjudged and be the said John Norman in Mercy and so forth.

Taken and acknowledged before me this twenty eighth day of July in the year of our Lord 1766 [28 July 1766].

Rt. [Robert] Pringle

Judgment Signed 28th July 1766 [28 Jul 1766]
D. Campbell C. C.


Josiah Smith Junr. [Junior] et al
vs
John Norman.
Debt Narr? [sic] on Bond.
Filed 28th July 1766 [28 Jul 1766].

Williams.

Recorded.

  • South Carolina Department of Archives and History. Microfilm ST0233. Court of Common Pleas. Judgment Rolls. Series S136002, Box 067A, Item 0227A.
  • Last modified: 2019-12-01 22:09:21