1783 Orangeburgh WILLIAM ROBERTSON vs WILLIAM DUNBAR Admor of BRAZEL. Filed 25th March 1783 April 5th 1785 Recd for Jud. COLHOUN, Pltf. Atty The price for the Plantuiff one hundred & Eighteen pound With Caust of ____ DANIEL KELLY for man
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 Summon WILLIAM DUNBAR Admor of all and singular the goods & Chattels, Rights & Credits which were of JOSEPH BRAZEL deceased, wheresoever he may be found within your and each of your respective Districts, so that you compel him to be and appear before the Justices of the said State, at the Court of Common Pleas, to be holden at Charleston on the first Tuesday in January next, to answer to WILLIAM ROBERTSON in a Plea of Tresspass on the Case and so forth, for that the said JOSEPH BRAZIL in his lifetime converted & disposed of the Goods & Chattels of the said WILLIAM ROBERTSON to his Damage Two Hundred Pounds sterling Money. And have you then and there this Writ. WITNESS The Honourable Adams Burke Esqr appointed Justice at Charleston the fourteenth Day of September in the Year of our Lord, one thousand seven hundred and eighty four and in the ninth Year of the Sovereignty and Independence of the United States of America. Colhoun Pltfs Atty Exd. by Wm. Mason, (A printed form with blanks filled in)
The State of South Carolina to the Sheriff of Orangeburgh District, in the State aforesaid, Greeting: WHEREAS at a Court of Common-Please, holden at Orangeburgh the fif teenth day of April ____ Instant WILLIAM ROBERTSON did implead WILLIAM DUNBAR, Administrator of JOSEPH BRAZEL in an Action of Trespass in the case to which said Action the Defendant made Default, and thereupon the Court gave Judgment for the said WILLIAM But because it is unknown what Damages the said WILLIAM hath sustained in the said Cause, by Reason of the Premises: Therefore, it is commanded, that you immediately summon Thirty Men, drawn by Ballot pursuant to the Act of General Assembly, in that Case made and provided, then and there forthwith to enqire what Damages the said WILLIAM hath sustained; and that you forthwith make due and true Return thereof, at the said Court now sitting; And have you then there this Writ. WITNESS The Honorable HENRY PENDLETON Esqr one of the Judges of the said Court Orangeburgh the twenty sixth Day of April in the Year of our Lord, one thousand seven hundred and eighty five and in the ninth Year of the Sovereignty and Independence of the United States of America. Colhoun
(A printed form with blanks filled in)
I have by ROBERT SMITH my lawful Deputy Servd the within Deft. With a true copy of the within writ with a notice thereon indorsd. DANIEL TATEMAN Sheriff
Fees 1.10 pounds Sworn to before me this 3d day of January 1785 JAMES CARMICHAEL
And now at this day to wit the fifteenth day of April in the year of our Lord one thousand Seven hundred and Eighty five to which day the said WILLIAM DUNBAR had leave to answer to the Declaration aforesaid of the said WILLIAM ROBERTSON before the Justices of the Court of Common Pleas of the State aforesaid comes the said WILLIAM ROBERTSON by his Attorney aforesaid and prays that the said WILLIAM DUNBAR may answer to the Declaration aforesaid and the said WILLIAM although solemnly required doth not come nor say anything in Baror preclusion of the Action aforesaid of the said WILLIAM ROBERTSON but hath made Default by which He remains against him undefended wherefore he ought to Recover his Damages sustained by reason of the premises but because it is unknown what they are Therefore it is Commanded that the Sheriff of Orangeburgh District do summon Thirty good and lawful Men to be drawn by ballot pursuant to the Direction of the Act of the General Assembly of the State aforesaid to be and appear before the Justices or Justice assigned to take asizes in the said District on this Day at Orangeburgh aforesaid to make a Jury according to the Act aforesaid to inquire what Damages the said WILLIAM ROBERTSON hath sustained by reason of premises and soforth.
___ which say before the Honourable (blank space) Esquire one of the Justices of the State aforesaid assigned to take asizes in the District aforesaid comes the aforesaid WILLIAM ROBERTSON by his Attorney aforesaid and the Sheriff aforesaid having made due return of the Writ of Inquiry aforesaid and the jurors thereby legally summoned impannelled and sworn pursuant to the Act of the General Assembly having found that the said WILLIAM ROBERTSON hath sustained Damages on account of the premisses over and above his Costs and Charges in His behalf to one hundred and Eighteen pounds. Therefore it is considered that the said WILLIAM ROBERTSON do recover against the said WILLIAM DUNBAR as administrator aforesaid his Damages so found by the Jurors aforesaid And also ten pounds sixteen shillings and six pence Sterling for his Costs and Charges by him expended about prosecuting his Suit in His behalf to the said WILLIAM ROBERTSON by the Court here adjudged at his Request which Damages amount in the whole to one hundred and twenty Eight pounds thirteen Shillings and six pence and be the said WILLIAM DUNBAR in mercy and soforth Judgment Signed 8th June 1785
Contributed by an anonymous researcher.
This Joseph Braswell is believed to be the son of James Braswell of Edgecombe Co., NC with a will dated September 20, 1760.