Saint Louis County
Circuit court

and the said Louis
& Auguste
by them said attorney
for to the of him
William the plaintiff secondly
by him above in reply say that the
plea of them the said defendants by
them secondly above pleaded in
in law to ban and proclude
him the said plaintiff from having
and maintaining his aforesaid action
thereof above against then said de-
fendants and this said defendants are ready to unify and prea se wherefire they said defendants pray
judgement

Easton for Dfds.

St. Louis Circuit Court

Louis
& Aug.
adsm
10th Clark
A yoinder

Easton Atty

In the Circuit Court
In Saint Louis County
December Term 1819/

Be it remembered, that at the
present Term of the aforesaid Circuit Court
being the December Term there of in the year
One thousand eight hundred and nineteen, they
came for trial the aforesaid cause before a Jury

The plaintiff produced in evidence
a petition from Antoine Vincent Bouis
the seventeenth day of October in the year
seventeen hundred and ninety three - for a grant
of the ground induding the premises in guiten
which said petition mar and repord to Charles
Dehauet Delupers Lieutenant Governor of
the late provence of cepper Louis an a now
Territory of Missouri - accompanying and annexed
to said petition was a plea of the ground prayed
for - upon which said patition the said
petition the aforesaid Lieutenant Governor
made an order of survey and the Eighteenth
day of October aforesaid - which aforesaid Petition
plea and order of survey will more fully and
atlarge appear by a Copy there of hereunto
annexedtrackand made part and parcel
of this Bill of exception

The plaintiff also proved his purchase
of the premises in question - from a certain John P Comegys
- &the purchase of the same by said
Comegys from said Antoine Vincent Bouis &
Rife - as nice mone fully appear by the Copiy
of Driois admitted in evidence - and hereunto
annexed musked B & C and made part and parcel
of the Bill of Exception

By nature of which aforesaid petition plea
and order of sumay - and of theconveyance
aforesaid - & by virtue of the provisions of the
act of Congress confirming village &
in Saint Louis felse mhere to the person therein
- which act is an
Act provision for selling claims
to sand in the of ellisoun” and approved
June 13. 1812

the said planitiff claimed a verdict in his favor

The said planitiff also claimed a
verdict favor by virtue of prior possesion
and proved that fettrra since Antoine Vincent
Bowl aforesaid guarried stone behind the set
he had enclosed John which said Bouis
lived the place where the qucarred mis or
of the ground mentioned in said petition
that five or six years since a slaughter house
has beines by louis senior under whom
the Defendants claim - on the premises in dispute
and now sued for - and that at the time
he said Louis Brayns buiet said Slaughter house it was the first & only time he had occupied
that Ground

The plaintiff also produced in evidence are
application by Louis Braeaux Senior to the Board of trustees of the Town
of St Louis dated in September one thousand eight hundred and eight In leave to build a slaughter house on the lot adjoining the one he then
occupied: said application was made in value
of an ordinance forbidding slaughter houses except in
certain cases...

The Defendants moved upon the closing of the
plaintiffs testimony to nonsuit the plaintiff
because it does not append that the plaintiff
had popepion of the premises before the year
One thousand eight hundred and three

The Count thereupon the Jury
that the plaintiff could not sustain his action
without proof of posession to October
1803, and that in this case the posession
of one spot that in the rear if syus
enclosed tot could not be considered posession
of the adjacent ground in the rear of
Lot-(meaning the lot purchased by
of Berees -and laid down in the aforesaid place
in the lot of Bercees) which ground in rear of his he held and
claimed all the time under an adverse claim
which was the only part of which the defendants had even
taken posession, and over which they the ancestor of the
defendants had claimed and excercise of ownership
and had been reputed to be posessed of before and even
since the date of the said Petition

To this instruction the defPlt. by his counsel
exacts and pays that this his bill of exceptions
may be made part of the record which is ordered
accordingly

N. B. Tucker

A (No 3)

Abstract of the notice of Vincent Bouisded
to the recorder of Law fultes-Book D page 238~

A part of a town tot containing 47 1/2 feet by 150 me
depth, joining north to Louis Brazeau -South to Claimant
Eastwardly to claimant, and northwardly to first mainStreet
St . Louis , No. 1public sale of the above part of town for 95 feet front of which 41 1/2 of it was sold by Claimant to Louis Brazeau , to public sale datedJune 1st 1788-and
the estate of Marce Picard - D: - Also 215 feet front by 72
in depth Joining north to vacant land, West to claimant
South to Vacant land & East to river Mississippi . No. 1 - a
Coucelsioce of the same granted to claimant by DwCh. Dele -
Delassus dated october 18th 1799

St Louis June 21st 1808
E - &

for my father Vincent-

D. No-1-
A Dw. Charles Dehanlt Delassus Scint Co an
regiment sipedela partre haute dela mence province - Dw
Sincint Bouis S. Sieict Deniclice pepe
sented gu ' claequit eu Veitie dince sente en dattedoe
20 June 1787 Labbaoie laleiiedes 20
defacisus 150 deprotondear imoiquied lan fignialy
la lettre A quised alledia 1st June 1788 is sus futadjuge
mar vents publique provenant dela defex
Lrcard L'espace determine desigice' daus la plan tettreB
5th depace 150 depropondecer cequishidonce nue
de 215 ladette propovdea de 150
nais wnime il reste ine espate vaeant entrestes siynes de
propovdecis C.D ettelteuve Millillipila quelle sait partie
du Dousaine de S. M. iLespere devotre Justice qu Lvous
plaisd lui conceder iedit espace vacant eteveece
desiguea eutietes letters C.D - de215 Pw etcelles E I tant
dudit espace que povrepptoiter exclusevement
eta soilbesosie etendence de carrese comprise entreses
ligues acharge deliver le Chemise depied qui
goetetia eutreteuic ilebord infleuence, graced quick
espere mereted gevotre justice. i Louis 17.oct 1799

In this de Illinois 18 de Octobre de 1799 El Agrimensor D Antonio Soulard pondra el interesado en
pocession del texxino que solicita conformandose lo mas posible
a las lineas delas calles tales como son lo que evacuado formareplano
entregando a la parte este y certificacion para que le Sirvaa oblener
la concession y titulo en forma del Snr. Intendante gral de estas
provincias a quien por order de su majestad correspondante
privatimente el repartir y conceder toda clase de derras
realengas Carlos Dehautt Delassus

Territory of Missouri
County of St Louis Personally appeared before me
Clerk Judge of the circuit court of
the County of St Louis - Peter

Provencher who being duly sworn and declareth
that the above is a true and correct copy taken by him
from the record of Fred Bates Esqu. recorder of Land
titles for the Territory of Missouri Book D paged two
hundred thirty eight and following, and that the above
is the only document relating to the concession aforesaid,
found by him in the record of said office
Sworn and subscribed to before
me Judge aforesaid this twenty
fifth day of August 1819

N. B . Tucker P.Provencher

St Louis Circuit Count

And the said defendants by Pithbone
their Attorney came & defend the former
of injury when and say that they
are not guilty of the trespass & gitment above
laid to their , in manner & form as the
said Plaintiff hath declared against them
and of this they put themselves upon the
country

Pettibone for defendents

And the said Pltff.

Hempstead for pltff.

St Louis Circuit

Joseph Brazean of
Augustus Brazean
ads William Clark

Plea. of issue

Filed April 8th 1819 A Gamble Clerk

Territory of Missouri , County of Louis sct.
The United State of America , to the sheriff of
St. Louis County, Greeting. You are hereby commanded
to summon Mackey Wherey that setting aside all
manner of excuse and delay he be and and appear
in proper person before the Judge of our Circuit
Court forthwith at the Town of St. Louis , shed that
he being with him the original petitioner of
Louis Brazean to the Board of Trustees of the
Town of St. Louis for leaves to erect a Butchery
in the said Town, and also the minutes of said
Board on said Petitions, to be read on the
trial of a case now pending in our said
wherein W.N. Black is of Louis Brazean
Circuit Court on the part of the plaintiff
and have you then there this writ

Witness Archibald Gamble , clerk, of
said court at the Town of St. Louis
16th day of December in the
year of our Lord, One Thousand
eight hundred and seventeen and of the
independence of the United States the
forty fourth --

Archibald Gamble Clerk
by Death

Executed this writ
on the 17th Dec 1819 by reading in to the
written named Mackey
Where in the town
of St. Louis
Jos. L Brown Shff

Service.33Travel.3.36

William Clark
vsD. Shff
Auguste & Louis Brazeau for Mackey Wherry

Joan to whom these presents shall come greeting,

C No 1 know he that I John G . Comegyed, late of the town of St Louis
and territory of Missouri now of the City of Baltimore and
State of Maryland for and in of the
sum of one thousand Dollarslawful money of the
United States to hand back and fully paid by
William Clark of the said Town of St Louis and territory
of Missouri the receipt of which I do hereby acknowledge
and thereof and of every part thereof I do hereby acquit
exonerate and him the said William Clark
his heirs and forever, have given granted hargamed Gold confirmed and transferred and do hereby
give grant hargam Clerk Confirm and transfer
the said William Clark his hurs and agugrid forever
the lots or prices of Land with the theseone
bying and beingin the said Town of St Louis , the first
Contaning forty seven feet french measure by one
thousand and fifty feet put like measure in the rear,
and deliveredas, on Main
Street Northwardly on Louis J, Eastwordly in
the Lot herein after Conveyed the said William Clark
and Lonthaby in the Lot of Antoine Vincent Bouis, the
second lot entertaining feet French measure point, Westworldly by feet in the rear
bounded and described as follows toWit
Eastwardly by the river Mississippi , Southwardly by the
Continued on of the Lot herin before conveyed by the
lot of Antoine Vincent Bouis in the augmented
the old concession, Westwardly on the rear of the lot
herein before and in the the lot of
Louis Braxeaux on Northwardly on the cross sheet leading
to the Mississippi and which seperates the
Lots of said Louis Braseaury and Auguste Chouteau
to have and to hold the said granted and bargaind
premises and onto him the
said William Clark his huis and , forever
free and Clear of all mammer of debts, claims mortgaged
contracts whatever and from all persons
legally claiming the Same. In testimony whoseof I have
hereunto set my hand and seal this seventh day of
October in the year one Thousand eight hundred and
Fourteen. Done at the City of Baltimore Maryland .

Signed sealed and delivered
in the of
Edward Johnson
M.

John G. Camegys

State of Maryland , City of Baltimore

On the seventh day of October
1814 before one the subscriber Mayor of the City of Baltimore
personally appeared John G . Comeguys and acknowledged
the within Instrument of cursing to his act
and died for the purposes therein mentioned In Testimony
whereof I have hereunto to sit my hand and caused
the corporate seal of the city of Baltimore to be hereunto
affirmed.

Edw. D Johnson
Mayor of the City of Baltimore Recorded this 15th day of August 1815.
M.P.Lectue Clk. St. Ls. Cty, Cty, Ct & ex eff : Rec.

Missouri Territory
County of St Louis Js.

I do hereby certify that the above is a true and correct
copy of the Records in my office Book, .

In testimony whereof I have here
=unto set my hand and seal of
office at my office this ninth day
of February one Thousand eight hundred and eighteen

M. P. Ledue Clk by
Andrew S. M. Grit

Territory of Missouri
County of St Louis The United States of America to the Sherriff
of St Louis County Greeting.

We command you to summon Auguste Brazeau
and Louis Brazeau Junior that they
and appear before the Judge of our Circuit court
at the next Term thereof to be held at the Town of St Louis within and for the County of St Louis on the first
Monday in April next then and there to answer unto
William Clark of a plea of Trespass Ejectment
to the damages of the said Plaintiff two thousand
And have you then there this Writ
Witness Archibald Gamble Clerk
of our said Court as Office this twelfth day
of March in the year of our Lord
one thousand eight hundred and nineteen.

A Gamble Clerk

Louis of
and
of in
of to said by

No 157 April Term 1819

William Clark
vs Auguste
Brazeau
Louis
Louis Brajamen

This is an action of
for a lot in St .
Louis - a suit of
acknowledgment
Damages $2000
Hempstead
by
excuise

filed March 11th 1819 A Gamble Clerk

Territory of Missouri County of Saint Louis In the Circuit Court April Term 1819

William Clark complains
by Hempstead his Attorney of Auguste Brazeau
& Louis in a plea of trespass
for that the said William heretofore torret on the =first day of September in
the year One thousand eight hundred & fifteen
legally entitled to and of a certain
lot or piece of ground setuale in the Town of
St. Louis county aforesaid - containing one asper
square: Clark one other lot on piece of ground
situate. lying and being in said Town of St. Louis
bounded by the Mississippi on the East. by a
Crop Street on the south which seperates the
same from the lot non occupied by René
Paul - on the West by the lot non occupiedby the said Defendants- & on the south by the
non occupied by James Kennerly & Madame
Vincent Bois - also of one other certain
lot a piece apground situate By in & being
in said Town of St. Louis containing the quantity
of One hundred & fifty first square frenchmeasure
together with all & singular the
appentenices thereunto belonging
and being so thereof legally entitled to &
posessed of said premises- they the said
Defendants afterwords on the first day
of September in the year last afterward-- meet
force and arms at the Town & County of Saint
Louis aforesaid entered into the said premises
and with the apperencencouses thereunto
belonging, and overled commed ejected him
the said plantiff out of him aforesaid
and other wings to the said plaintiff then &
there did- to the great damage of the said
plaintiff - and against the peace of the
United States of America - Wherefore the
said plaintiff saith that he is injured &
hathsustained damage to the value of one
thousand dollars and therefore he brings his
suit -

Hempstead for pltf

No3

William Clark
vs
Auguste & Louis Brazeau

Bill of exceptions filed January 20th
1820 A Gamble Clk