John O'Fallon, William Clark, et. al vs. Estate of Edward Hempstead
View original image: Page  009
[missing figure]

St. Louis Circuit CourtCircuit Court
February Term 1824

ThomasThomas Hempstead Hempstead &
Charles S. HempsteadThomas Hempstead
Executors of EdwardEdward Hemp-stead deceased.
adsm. John O Tallon
William ClarkWilliam Clark
Auguste ChouteauAugust Chouteau
Bernard PratteBernard Pratte &
Robert WashRobert Wash

And the said ThomasThomas Hemp-
stead and Charles S. HempsteadCharles S Hempstead as executors as
aforesaid come and defend the wrong and inju-
ry when & C. and say that they the said Thomas
& Charles S. did not as executors as aforesaid
undertake and promise in manner and form
as the said plaintiffs have above thereof com-
plained against them, and of this they put
themselves upon the country &c.

and the said Pliffs
do the Pattis for

, and for a further plea in this
behalf as to the two first counts of said declaration
the said defendants as executors as aforesaid say,
that the said plaintiffs ought not to have or
maintain their aforesaid action thereof against
them as executors as aforesaid because they say,
that the said promissory notes set forth and
described in the said two first counts as two
separate and district notes, are one and the
same note, and that the said two first counts
are founded on one and the same note which
said note they the said defendants executed
on the said fourteenth day of June in the year of our Lord one thousand eight hundred and twenty two and at a period long subsequent

View original image: Page  010
[missing figure]
to the death of the said Edward HempsteadEdward Hempstead
to wit at the county aforesaid and this they
are ready to verify wherefore they pray
judgment if the said plaintiffs ought to
have or maintain their aforesaid action
thereof against them the said defendants as
executors as aforesaid &c.

and for a further plea
in this behalf as to the two first counts in
said declaration the said defendants as execu-
tion as aforesaid say, that the said plaintiffs
ought not to have or maintain their afore-
said action thereof against them because
they say that the said Edward HempsteadEdward Hempstead the
defendants said testator was not at the time
of his death indebted in any sum either to the
said Charles S. HempsteadCharles S Hempstead & Thomas HempsteadThomas Hempstead
the payees of said notes in said two first.
Counts mentioned or to either of them or to the
said Thomas J. Reddick or to the said plaintiffs
nor was there then any contract or agreement
which had been made between the said ThomasThomas Hempstead
HempsteadThomas Hempstead & Charles SCharles S Hempstead . & the said EdwardEdward in his
life time or between the said Thomas J. Reddick
and the said EdwardEdward in his life time or be-
tween the said plaintiffs and the said EdwardEdward
in his life time by which the said defendants
as executors as aforesaid have since the death
of the said EdwardEdward been indebted or liable for damages then to the
said Thomas Hempstead & Charles S. Hempstead the
payees in said notes or to the said Thomas T.