David Stone Co. et. al. v. Executors of Manuel Lisa et. al.
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In the S.LouisS Louis Circuit CourtCircuit Court
October Term 1824

To the Honorable the Circuit Court of the County of S.Louis
The petition of DavidDavid Stone JosiahJosiah Bellows and Oliver NOliver N Bostwick
humbly represents,

That Manuel LisaManuel Lisa late of S.LouisS Louis County
Thomas HempsteadThomas Hempstead , Joshua PilcherJoshua Pilcher . Joseph PerkinsJoseph Perkins John. B. Zenoni
AndrewAndrew Woods and Moses. B. Carson, heretofore, served, on the first day of January in the year of our Lord eighteen hundred and twenty
and in the life time of the said LisaLisa , were partners in trade doing bu-
siness under the firm of the Missouri Fur CompanyMissouri Fur Company , so wit at the
County aforesaid and your petitioners were then and there were partners
in trade doing business under the name firm & style of DavidDavid
Stone Co. and the said Missouri Fur CompanyMissouri Fur Company in the life time
of the said LisaLisa became and were indebted to your petitioners in a
large sum of money, so wit, the sum of twenty six thousand
nine hundred and ten dollars ninety eight cents for drivers goods
by the said petitioners, to the said MissouriMissouri Fur Company
Fur CompanyMissouri Fur Company at their special instance and request, to secure the
payment whereof the said LisaLisa in his life time, did agree and promise
to mortgage to your petitioners, the real estate in the seed here in after
set forth paticularly described and specificed and the said Manu
ual LisaLisa not having executed the said mortgage, afterwards daly made
and published his last will, and treatment in writing hearing date
on or about the Eleventh day of August is the year of our Lord one thousand Eight hundred and twenty and three (among other
things) declared that in no much on he has consented to excute a
mortgage on his property in S.LouisS Louis to secure a debt due Messrs
Stone Bostwick & Co. (meaning your petitioners & for goods purchas-
ed for the Missouri Fur CompanyMissouri Fur Company , he the said Manuel LisaManuel Lisa in
and by the said will and treatment, did authorize and empower his
Executors (if necessary) to excute such mortgage according to the terms
and for the period agreed on between M. Bostwick (one of your
petitioners / and the said LisaLisa and the said Manuel LisaManuel Lisa on and
by the same last will and treatment and for the execution there of did
nominate his wife Mary LisaMary Lisa Executrix and Charles S. HempsteadCharles S Hempstead
his brother - in law executor thereof and the said ManuelManuel Lisa
LisaManuel Lisa in and by the said will and testament did revoke and annul lb/>

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all former wills and codicils And your petitioners further state
that the said Manuel LisaManuel Lisa departed this life on or about the
day of in the year of our
Lord Eighteen hundred and twenty without altering or revoking the
said will: and upon his death the said Mary LisaMary Lisa and CharlesCharles S Hempstead
S. HempsteadCharles S Hempstead proved the said will in the county court of
the County of St.LouisCounty of St Louis and took upon themselves the further and
execution thereof and afterwards , on the ninth day of October in the year of our Lord Eighteen hundred and twenty at the county
of St.LouisSt Louis aforesaid, in virtue thereof and of the power and authority
in them vested, made executed and delivered to your petitioners,
their certain indenture, hearing date the day and year last aforesaid
in the words and figures following :

This Indenture made and concluded this ninth day of October in the year of our Lord One thousand Eight hundred and twenty between Mary LisaMary Lisa widow and Executrix of
Manuel LisaManuel Lisa late of St. LouisSt Louis, deceased, and Charles S. HempsteadCharles S Hempstead of
St. LouisSt Louis aforesaid Executor of said LisaLisa , of the one part and
DavidDavid Stone, JosiahJosiah Bellows and Oliver NOliver N . Bostwick of
Boston Massachusetts of the other part. Witnesseth
that whereas in the life time of said Manuel LisaManuel Lisa the
"Missouri Fur CompanyMissouri Fur Company " consisting of said Lisa Thomas Hemp
stead Joshua PilcherJoshua Pilcher , Joseph PerkinsJoseph Perkins , John. B. Zenoni, AndrewAndrew
Woods, and Mases B Carson did contract for and purchase of
said DavidDavid Stone & Co. a large quantity of goods for the Indian
trade amounting to the sum of twenty six thousand nine hun
dred and ten dollars ninety eight cents as will appear by ref-
erence to the accounts against said Company and in as much as
Said LisaLisa did in his aforesaid life time agree to mortgage his
property in the town of St. LouisSt Louis for the securing the pay
ment of the aforesaid purhcase by said. "Missouri Fur CompanyMissouri Fur Company "
but departed this life without so doing having in his last will
and testament dated August twelvth of the present year, author
ized his aforesaid Executors so to do as will more fully appear by
reference thereto.

Now this Indenture Witnesseth that we, the afore-