Territory of Missouri
County of Saint Louis In the Circuit court
in said county of the
term of
October in the
you
William Clark by Charles S. Hempstead
his attorney complains of Louis
Brazeau Junior
and Auguste Brazeau of a plea of trespass
fe, for this, that heretofor towit on the
first day
of January in the year of our
lord One thousand eight
hundred fifteen the said plaintiff
was legally
entitled to seized and possessed in fee simple
absolutely
of a certain lot or parcel of ground situate lying and
being in the town of saint louis in the county aforesaid
and bounded as
follows towit
Eastwardly, by the river Mississippi -
Southwardly by the lot of Ground
owned,
& possessed by the late Vincent Bouis deceased
Westwardly on
the rear of the lot of said plaintiff formerly
owned by said Vincent
Bouis- and one John G Conegys
and by the aforesaid Defendants and
Northwardly by the crop street
leading to the river Mississippi which
crop street
separates the above described premises from the
lot,
of Rene Paul the said plaintiff
County of Saint Louis aforesaid and
within, the jurisdiction, of this court on the
day of year
aforesaid was then & there absolutely seized,
& possessed
of the,
premises aforesaid in fee simple and entitled to all
the priveleges,
and rightly then
& there,
unto belonging being
so thereof legally entitled
to seized & possessed as of his
own proper estate in fee simple the said Defendants Louis Brazeau junior
&, August Brazeau then with
force
and arms, and against the peace entered into and up
on the
possession of the
said, plaintiff and him ejected
expelled
and removed from the premises aforesaid and kept out, and still keeps the
out of the possession,
thereof - & did then & there with force and arms tread
down the plaintiffs grass
and hedges,
and break his soil - deg up
and carry away off his stone quarry thereon towit, -One
thousand
loads, of stone- of the value of five,
hundred
dollars & other injuries and enormities, the said
Defendants to said plaintiffs there
did- against the peace- & to his damage one thousand Dollars and
to recover possession
of, said lot of ground with the
his said Damages, the plaintiff
brings,
this suit by his attorney,
Ch. S. Hempstead
Territory of
Missouri County , of St Louis , the United States , of
America , to the sheriff, of
saint louis
county,
Greeting,
We command
you, to summon, Louis
Brazeau
junior, and Auguste Brazeau , that
they,
be and appear before our
next Circuit , Court ,
to be
held, at the town of St Louis
and for the County aforesaid before our Judge on the
second Monday of
next,
then there to
answer, unto William Clark , of a
plea. of
&
trespass, to the
damage
of, the said William two thousand dollars,
and have you
then, there this writ
Witness Mary
Philipe, Leduc Clerk, of
Said
said
court, of St , Louis this
thirteenth
day, of September, in the
year of our Lord
Christ, one thousand eight hundred, and
seventeen and
of,
our independence, the
forty
second,M. P . Leduc
Clerk,
filed Sept 13th
1817
M. P. Leduc clk
No. 69
William Clarkvs,
Louis Brazeau, Auguste Brazeau ,
This is an
action, of
brought
to recover
possession, of a
in the Town,
of S , Louis of
summons
issue, accordingly
Damages 2000
Executed, this writ, by
reading
the, same and
, to the within,
named
defendant, in
the Town and County ,
of Saint , Louis September
24th 1817
for
service,$1.2066161 1/2116
Territory of Missouri , County of St. Louis , sct.The United States of America ,To the Sheriff of S , Louis county-Geeting.
You are herby commanded to summon Andre L
Andreville, -
that setting aside all manner of excuse
and delay they, be and appear in
proper person before the
Judge of our circuit court on the Twenty fourth day of
October at the town of St. Louis ,
then there to testify and the truth to say in a certain matter of
controversy now pending in our said
court, wherein Wllm
Clark, plaintiff,
and Louis Brazeau, & Auguste
Brazeau , defendant on the
part of
the plaintiff and have you then and there
this writ.
Witness, Archibald Gamble , Clerk of our said circuit court, at the
town of St. Louis , this Seventeenth day of October
in
the year of our Lord, one thousand eight hundred and eighteen
and of the
Independance of the United States the forty third Clerk, St. L .
C.C.
S Louis Circuit , Court
Oct Term 1818
vs
Louis Brazeau Jr, Auguste,
Brazeau
Subpoena
David Delamiary
Andre L Andreville
Charles D.
Delassus
Antoine Soulard for plff.
21th Oct 1818Hemptstead for plff
Executed on Andre L Andreville
Charles D Delassus, Antoine
Loutau, David Dilany not found,
J.W.Thompson
service,99non est50 travel,12 1/2$ 1,61 1/2
Territory of Missouri , County of St. Louis , sct.The United States of America ,To the Sheriff of S Louis , county-Greeting.
You are hereby commanded to summon Pierre Chouteau Senr
Auguste
Chouteau, ,
that setting aside all manner of excuse and delay they be and appear in proper person before the
Judge of our
circuit court on the twenty
first day of october at
the town of St. Louis ,
then there to testify and the truth to say in a
certain matter of controversy now pending in our said
court, wherin William Clark , is plaintiff,
and
Joseph , & Auguste
Brazeau , defendants on the
part of the
defendants, and have you then and
there this writ.
Witness, Archibald Gamble , Clerk of our said circuit court, at the
town of St. Louis , the nineteenth day of october
in
the year of our Lord, one thousand eight hundred and Eighteen
and of the
Independance of the United States the forty
third, Clerk, St. L .
C.C.
S'Louis Cir Court ,Oct Term 1818
William Clarkvs
Brazeau ,
for Pierre Chouteau
Auguste Chouteau
Andrew Landreville ,
Subpo,
Executed, on Auguste Chouteau and, Andrew Landreville ,, Pierre Chouteau not found in Town,
Ch. for Jn W Thompson shff,
Territory of Missouri , County of St. Louis , sct.The United States of America ,To the Sheriff of St Louis , county-Greeting.
You are hereby commanded to summon L B Sarpe & Francois
Valois ,
that setting aside all
manner of excuse and delay they be and appear
in proper person before the
Judge of our circuit court on the twenty first day of
october at the town of St.
Louis ,
then there to testify and the truth to say in a certain matter
of controversy now pending in our said
court, wherein Wm
Clark , is plaintiff,
and august & Joseph
Brazeau , defendants on the
part,
of
defts, and have you then and there
this writ.
Witness, Archibald Gamble , Clerk of our said circuit court, at the
town of St. Louis , the 19th day of Octr
in
the year of our Lord, one thousand eight hundred and Eighteen
and of the
Independance of the United States the forty
third,
A
Gamble , Clerk, St. L . C.C.
S'Louis Cir
Court ,
Oct term 1818
vs
Brazeau ,
Executed
Ch. Heuart for Jn. W. Thompson
In the Circuit, Court of the County , of St Louis
Louis Brazeauand August Brazeau
adsm
William Clark ,
And, the
said Louis Brazeau
Junior ,
and August Brazeau, by Rufus
Easton , their attorney
comes,
& defend the force and
injury, when and where they ought
to do and
say they are not
guilty, of the said
Supposed trespass,
and above said, to their charge
or, of any part thereof, in manner, and
form, as the said William Clark , hath above
thereof
complained against them and of this they the said,
Louis & August
put, themselves upon the country .
And for further
plea, in this behalf, according
to
the
statute, in case made and provided,
they
the said Louis Brazeau , and August Braze,-
au
the
defendants, say that the said William Clark
the plaintiff
aught, not to have or maintain,
his his
aforesaid
action, Therof against them because,
they
say that by an
act, of the Congress, of the United States entitled an act
making further provision for setting, the
claim, to land, in the terriroty, of
Missouri , ” approved June Thirteenth eighteen
hundred,
and twelve, it is provided,
among other things that
the right, , and
claims, to Town or Village about the common field to
wit, and commons, in and
adjoining, and belonging, to the several
towns, or
villages, of Portage des Sioux, St Charles , St , Louis
Ferdinand, villa a Roben, Barondalle, St
Gen,-
iveve, New Madrid , New
Bourbon,, Little Provice, and Arkansas , in
the
Territory, of Missouri which have been instated or
possessed, prior,
to thirtieth
day, of December, one
thousand eight
hundred and three shall
be, and the same, are hereby confined, to
the
inhabitants, of the respective towns or
villages,
aforesaid, according to their Lord right
or rights in there to;” the said
defendants further say that
the said
lot, or parcel,
of in the said plaintiffs
declaration,
mentioned was a town and village lot
situated,
by and
being, in the town of St , Louis and a village
lot, in the said village, of st, Louis in
the said County of St , Louis in the
Territory, of Missouri on and prior, to the aforesaid
this
tenth, day of June, in the year of eighteen
hundred
and twelve aforesaid, and one, Louis Brazeau Junior , was then
and there an in of said
town
on and prior, to the aforesaid
day of December, in the year of
one
thousand,
eight hundred and three aforesaid,
and the
said the thirteenth day of December one
thousand
eight hundred and three and for a long
space
of time before that day to
wit, for
the period of twenty three years
prior, to the
said twentieth day of December in the
year of one thousand eight
hundred and
thirteen aforesaid at St , Louis aforesaid
possessed,
by the said Louis Brazeau
Junior , who claimed,
the said Town and village
lot, for the
whole period of time,
aforesaid and was
then,
and there, an inhabitant of
the said
town,
of St , Louis and for a long period of time
there
after, towit until, the second day of
December in the year of our Lord one
thousand
eight hundred and thirteen
during all which time he, the
said, Louis
Brazeau
possessed, the same town and
village
lot, whereby and by and by
the aforesaid act of congress, the
right
and claim, to the said
town
and village lot
became confined,
to and
was, the property estate, in and
of and
vested, in him the Said Louis
Brazeau
Junior , his heirs and assigns forever, in
virtue,
of the law of congress
aforesaid, and
the said defendants, over
that the lot of
ground,
in the declaration, of the said
plaintiff above
mentioned, and the village, and
town,
lot so
confined, to the said Louis Braze,
au
Junior, as aforesaid, is our and the
said defendants, further say
that
afterwards,
and often the to and possession, of the
lot, of ground, as aforesaid, and
by, the
said Louis Brazeau Junior to
wit on,
the
second, day of december, in the
year
of,
one thousand eight
hundred, and thirteen,
at the town
of, st Louis, in the County , of St Louis
aforesaid, he the said Louis Brazeau Lenin
made, his estate deed in writing under, his
hand, and that of
and which is now here, to the and then and delivered, the said
deed commonly called
a, deed sale witnessed,
by Bossenou,
and M. P . Leduc , to then
the Said defendants, and the
consideration
claims, and in the
same,
deed
mentioned, and set forth, did
grant bargain sell
assign, and transfer unto the,
Said
defendants, and to these heirs and assigns
forever, the Said village, lot and lot
of
ground,
in the Said declaration mentioned, and
confirmed, to him, Said Louis Brazeau , as
aforesaid, by the description, of a
lot
situate, in the town, of St Louis
aforesaid,
which to wit lot as described,
in said deed
contain forty five
feet, and a half, foot
fronting, upon the principal street, which
separates, the lot from, that on which Mr David Delanney resides
bounded, to the North, to that
belonging,
to on the
South, to
and to
the
East, on the Mississippi , upon which
there is a
stone,
house of thirty eight feet, and a
half, long upon
in depth whereby, the
the
and to the
paid
lot, of ground, in the
declaration
mentioned, and the village lot confirmed, to
the said
vested absolutely in there
the said defendants their heirs and assigns
forevers, and this the
Said defendants,
are
ready, to verify wherefore,
they
pray
judgement, if the Said plaintiff aught,
to
have, and maintain, his said action
thereof,
above against them,
Easton for Defendants,
Territory, of Missouri
County , of St , Louis
Mary Philip Leduc
Clerk
of, the Circuit Court within, and for the
County
aforesaid,
do certify, the forgoin to be a true copy,
of
the
plea, as the case
witness
my, hand and
seal, this
twenty
ninth, day, of
January, in the
year eight hundred and
eighteen,
M. P Leduc Vlerk,A.I. M'Girk DCLK
In the St Louis Circuit Court , Action, of
William Clark ,vs
Louis Brezeau Junir & Auguste Bregeau,
And he the said William
Clark , as to the plea of the, said
Louis, and Auguste ,
by them first above
pleaded, and whereof, they have put themselves upon,
the
Country, clerk the like,
And the said William
Clark , as to the plea of them, said
Louis, and Auguste , by them
secondly,
above pleaded,, saith that the
same
and,
the matters therein contained, in
manner, and form,
as the same as above
pleaded,, and set forth, are
not
sufficient, in to
bar, or preclude him, the
said
William , from having, or maintaining his aforesaid action thereof
against, them the said Louis, and
Auguste ,
and that he the said William , is not bound, by the
law of the
land, so
the same
Wherefore, for want, of a sufficient plea in, this
behalf
he, the said William prays judgement,
and
his Damages
W
Hempstead, of
for
Aplication
to pleas.
Simclisa to first plea
to second,
Copy
served, on Dfts
Counsel,January
24th 1818
filed,February 9th
1818