Abraham Parker vs. Manuel Lisa
View original image: Page  001
[missing figure]

Territory of MissouriMissouri
County of Saint LouisCounty of Saint Louis
Ss

Abraham ParkerAbraham Parker by Edward HempsteadEdward Hempstead
his atttorney complains of Manual LisaManuel Lisa upon a plea that he render
unto him the sum of Seventy ........Dollars
.....lawful in any of the United StatesUnited States, which to him he owes
and from him unjustly detains for that where as at a court of
Common pleas began and held at the Town of Saint LouisSt Louis in and for
the aforesaid County of Saint LouisCounty of Saint Louis on the first monday of July in the year One thousand eight hundred and Twelve the said
AbrahamAbraham the plaintiff by the Judgment of the said Court then sitting
recovered against him the said Defendant as administrator of all and-
singular the goods and Chattels, rights and credits of GeorgeGeorge
DruillardDruillard deceased as well the sum of seventy Dollars for his
damages as fifty eight . . . Dollars eleven cents his costs
in and about that suit laid out and expended, and it was then & there
the opinion of the said Court then setting as aforesaid, that the said
Manuel LisaManuel Lisa administrator as aforesaid had not fully administered
the estate and effects of the aforesaid George DruillardGeorge Druillard deceased
and that the said estate was not insolvent - and also that the said
Abraham ParkerAbraham Parker should have the said defendant
administrator as aforesaid the aforesaid sum of seventy dollars damages
and fifty eight . . . Dollars eleven cents costs as aforesaid to be levied of
the goods and chattels which were of the said George DruillardGeorge Druillard
at the time of his death in the hands of the aforesaid adminis
trator to be administered, and if there were not so much of
the goods & chattels which were of the said George DruillardGeorge Druillard
at the time of his death in the hands of the said Administrator
to be administered, then of the porper goods and chattels of the said
Manuel LisaManuel Lisa the costs and charges aforesaid were to be made
where of the said Manuel LisaManuel Lisa administrator as aforesaid was convic
ted as appears by the records and proceedings of the said court
[ norr ] remaining in the Town of Saint LouisSt Louis will more fully, and at
large appear and the said plaintiff that the said
Judgments in no wise reversed or annulled, but remains in full
force and virtue nor hath the said plaintiff yet obtained satisfac
tion for any part there of and the said plaintiff saith further that
for obtaining states faction for his damages and costs aforesaid, said
forth out of the clerks office of the said Court of Common pleas
on the twenty first day of August on the aforesaid year of one thousand eight hundred and twelve his writ of Execution directed
to the sheriff of the said County of Saint LouisCounty of Saint Louis by which said writ
the sheriff aforesaid was commanded, that of the goods and chattels

View original image: Page  002
[missing figure]
which were of the said George DruillardGeorge Druillard at the time of his death
in the hands of the said Defendant Administrator as aforesaid
to be administered being in the bailiwick of the said sheriffâ
he should cause the damages - costs and charges aforesaid to be made
of the - said Defendant administrator as aforesaid had so much of the
goods and Chattels in his hands to be administred and of the said
administrator had not so much of the proper goods and Chattels
which were of the said George DruillardGeorge Druillard deceased in his hands
to be administered him the costs and charges aforesaid to be made
of the proper goods and chattels of hour the said ManuelManuel .
and that the said sheriff should have those sums before the judges
of the said Court of Common pleas to be held at the Town of
Saint LouisSt Louis on the first Monday in November, then next after the
date of the said Execution to render unto him the said plaintiff
his said damages costs and charges aforesaid and that he should
have then there that writ which said writ afterwards and before
the return of the said writ was delivered to the sheriff of the aforesaid
County on the fourth day of September then next in the year that afore
said to be executed in due form of said trial at the County aforesaid
to which said trial afterwards and at the return thereof on
the said first monday in November in the year aforesaid the said
sheriff returnedto the Court then sitting at the Town of Saint LouisSt Louis
aforesaid. That there was no property in his said bailiwick whereon
to the said damages and that the costs were unsatisfied
which said and the return there on are now remaining of
record in the said Court of Common pleas at the Town of SaintSt Louis
LouisSt Louis aforesaid. reference being had thereto will more fully and
at large appear. And the said plaintiff also that he is
not yet satisfied of the aforesaid sum of Seventy Dollars damages
as aforesaid ...or any part there of
and the said plaintiff moreover saith that after the rendition
of the said Judgment and before the of the writ
and process original of the plaintiff in this cause, to writ on the
first day of October in the year, One thousand eight hundred and twelve, divers goods and Chattels which were of the said
George DruillardGeorge Druillard at the time of his death to the value of the said
sum of Seventy Dollars ... came to the
hands of the said Defendant to be administered with the said
Defendant could have satisfied, at the County of SaintCounty of Saint Louis
LouisCounty of Saint Louis aforesaid but the said Defendant sold
committed and disposed to his own use the said
goods & Chattels whereby an action hath accrued to the

View original image: Page  003
[missing figure]

plaintiff to demand and have of and from the said Defendant
the said sum of seventy Dollars lawful money of the United StatesUnited States
above demanded

Yet the said Defendant though often requested
hath ever refused, and still refuses to pay the said sum
of money or any part there of a the damages of the plaintiff
One hundred and Seventy Dollars.

Wherefore he brings suit &c.

by EEdward Hempstead . HempsteadEdward Hempstead his atty

View original image: Page  003
[missing figure]

Territory of MissouriMissouri
County of St LouisCounty of St Louis
Ss

The United StatesUnited States of AmericaAmerica
to the Sheriff of the County of St LouisCounty of St Louis
Greeting

We command you do summon ManuelManuel Lisa
LisaManuel Lisa if he may be found within your bailiwick to be
and appear before the judges of our court of Common
Pleas to be holden at the town of St LouisSt Louis within &
for the County of St LouisCounty of St Louis on the third monday of
February next there and then to answer unto AbrahamAbraham Parker
ParkerAbraham Parker whom a plea that he render unto him the
sum of seventy dollars [ lawfull ] money of the UnitedUnited States
StatesUnited States which to him he was and from him unjustly
detains to the damage of the said AbrahamAbraham as it is
said one hundred and seventy dollars, and have
your the there this writ

[missing figure]
Witness MaryMarie P Ledue PMarie P Ledue .LedueMarie P Ledue clerk of
our said court this thirteenth day of December, one thousand eight hundred and thirteen and of our Independence the
thirty Eighth -

M. P LedueM P Ledue Clerk
St. LSt Louis. C. C. C.

View original image: Page  004
[missing figure]
No. 8

Febr. Term 1814

Abraham ParkerAbraham Parker

Manuel LisaManuel Lisa
Nan

Devastavit
Dam. $ 170

This is an action of Devastavit
for &c. of the Estate of GeorgeGeorge Druillard
DruillardGeorge Druillard . Let a summons issue
accordingly - Debt. $70 . . .
damage $170

HempsteadHempstead - P. Q.

View original image: Page  004
[missing figure]

Executed


service 80 cts
View original image: Page  005
[missing figure]
Manuel LisaManuel Lisa
ads
Abraham ParkerAbraham Parker

St LouisSt Louis Common Pleas

The Defendant by EastonEaston his attorney pleas nul tiel
record, non devastavit plene administravit and that the estate of the said
George DruillardGeorge Druillard is insolvent, and was insolvent at the time of the
rendition of the judgment in the aforesaid declaration mentioned, and
that Charles Gratiot, David Delaunay & PierrePierre Caborne, auditors appointed
according to law by the orphans court of the county of St LouisSt Louis to settle &
adjust and declare to what creditors the remaining assets in the hands
of said defendant administrator aforesaid of the estate of the said GeorgeGeorge Druillard
DruillardGeorge Druillard belonged and to apportion the same among the several Creditors
of said estate pro-rata did agreeably to public notice for that purpose
given for at least three weeks in the MissouriMissouri Gazette did assemble at
the house of the said John P. CabanneJohn P Cabanne in the Town of St LouisSt Louis on Monday
the Tenth day of January eighteen hundred & fourteen and proceeded to the
business of their appointment as auditors aforesaid and the papers
Documents & Claims against the said estate being presented to them by
the said defendant as administrator the said Auditors did thereupon
adjourned to meet and did meet on the seventeenth day of January one thousand eight hundred & fourteen and thereupon adjourned to meet
and did meet on the twenty fourth day of said January, and continued
from day to day untill the twenty fifth of the said month of January
of the year aforesaid. And thereupon the said Auditors having maturely
considered all and singular the claims & demands against the said
estate and the accounts of the said administrator, did find that the
whole amount of the proceed of the sales of the property of said estate
in the hands of the said administrator to be administrered said amount
to the sum of five hundred & one Dollars, the said Auditors did make
and decree the following apportionment to writ to Merry P Ledue
Judge of Probate three Dollars thirty two & one half cents- to Indians
for hunting horses four Dollars- JosephJoseph Kimbell Nineteen Dollars-
Louis Bauer Two Dollars - Feeding & keeping Horses eight Dollars
Clermont three Dollars - JosephJoseph Kimbell forty Dollars - AlexanderAlexander
Belissine three Dollars - Pascal CerrePascal Cerre one hundred & sixty one Dollars
Alexander Mc. Nair Thirty Three Dollars & eleven Cents - Antoine F.

View original image: Page  006
[missing figure]

Saugrain Eighteen Dollars & fifty cents - Manuel LisaManuel Lisa Three
hundred seventeen dollars and two and one half cents - And the said
auditors having settled and adjusted the rates and proportions of the remaining
assets aforesaid due & payable to the respective Creditors aforesaid the
said Defendant sayth that he hath no assets in his hands where with he cause
have paid and satisfied the find debt and demand in the declaration
of the said Plaintiff mentioned - And so he sayth that he hath fully
administer all and singular the goods & chattels rights & credits
estate of the said George DruillardGeorge Druillard deceased- to wit on the day in
the year and at the place last mentioned in the declaration of the said
Plaintiff and this the said Defendant is ready to verify &c.-
wherefore &c.

And for further Plea the said defendant sayth that the said
Plaintiff did neglect to exhibit his said account & demand in the declaration
aforesaid specified to him the said Defendant as administrator as aforesaid
within one year after public notice was given by the said defendant in the said
MissouriMissouri Gazette a Public news Paper of this Territory and Continued in such news
Paper for four weeks, Therefore according to the statute in that case made
and provided said Plaintiff is not entitled to demand or receive any dividend
of the aforesaid assets which were remaining in the hands of him the said
defendant as aforesaid and which have been administered in manner
aforesaid by him the said defendant.

R EastonR Easton
atty

View original image: Page  006
[missing figure]

Manuel LisaManuel Lisa
ads
Abr: Parker
Pleas

filed 24th febry 1814

Clk

View original image: Page  007
[missing figure]
Abraham ParkerAbraham Parker
vs
Manuel LisaManuel Lisa

Dept on Judgment suggesting Devastavit in
Saint LouisSt Louis Common pleas

On the trial of this cause the plaintiff proved
assets to have been received by the defendant during his administration
to the amount of more than the plaintiffs demand that
the sum of about four hundred dollars, and thereupon the
Defendant by his attornies offered evidence to prove the payments
of divers debts of said DruillardDruillard deceased to his creditors since
the dependants administration to shew how he had adminis
tered said estate: and to show that said Defendant never
had assets enough in his hands to pay all the debts of
the deceased, and insisting that therefore the plaintiff
could recover only his proprotion of the assets with inter
est out of the proper estate of the defendants; to
all which proof of payments by the Defendant the
plaintiffs attorney excepted and prayed the court to
reject the same because it did not appear that the Defend-
ant as administrator of said estate had filed any inventory
a list of sales of said estate and because it did not appear
that the Defendant had caused said estate to be
reported insolvent in a proper manner by having auditors
appointed and the rates settled by them which each creditor
was to receive out of said estate, which exception of the
plaintiffs attorney the court sustained and refused to
admit proof of any payments made by the Defendant
out of said estate to any other creditors than the plaintiff
and gave Judgment for the plaintiff for his whole former
Judgment with interest. In testimony whereof the Defend
ant by his attorney prays the court to sign this
bill of exceptions

Bernd PrattePratte

View original image: Page  008
[missing figure]

Manuel LisaManuel Lisa
ads
Abraham ParkerAbraham Parker
Exceptions

filed 29- Octr. 1814

Clk

View original image: Page  009
[missing figure]
Abraham ParkerAbraham Parker
vs
Manuel LisaManuel Lisa

In the Court of Common Pleas
St Louis County

And the plaintiff replied to the first plea of the
said Defendant, and saith that there is such a record of the said
Judgment non remaining in this Court. as the said Plaintiff in his
Declaration hath complained against the said Defendant, and this he
is ready to verify by the said record, when & in such manner as
this Court shallorder &c.

EEdward Hempstead . HempsteadEdward Hempstead for Plff

View original image: Page  009
[missing figure]

And to the second plea of him the said Defendant the
said plaintiff saith that the said Defendant did design, work,
detain, and to his own proper use correct and dispose of the
goods & of the said George DruillardGeorge Druillard deceased as in the said
Declaration the plaintiff hath complained, and this he prays may
be inquired of by the Country.

EEdward Hempstead HempsteadEdward Hempstead for Plff

View original image: Page  009
[missing figure]

And to the third plea of the said Defendant, the plaintiff
saith, that the said Defendant at the time of seeing
the writ aforesaid which at the Town of Saint LouisSt Louis aforesaid
on the thirteenth day of December, One thousand eight hundred & thirteen
goods monies and assets which were of said George DruillardGeorge Druillard
deceased, at the time of his death to the amount of seventy dollars
wherewith he might have satisfied the plaintiff aforesaid in manner
and form as aforesaid recovered, and this he prays may be
enquired of by the Country.

EEdward Hempstead . HempsteadEdward Hempstead for Plff.

View original image: Page  009
[missing figure]

And as to the fourth plea of the said Defendant the said
plaintiff saith that the said plea is bad & insufficient in Law
to preclude him the said plaintiff from recovering his demand afore

View original image: Page  010
[missing figure]
said, from the said Defendant, nor hath the said plaintiff
any necessity to reply thereto and this he is ready to verify â
Wherefore for want of a sufficient plea in this behalf, the said
plaintiff prays Judgment of her debt & damages aforesaid & his
Costs and for causes of the said plaintiff sits down
and shows the following â

1 That part of said plea which states that the Estates of
George DruillardGeorge Druillard is insolvent was insolvent at the time of
the rendition of the Judgment in the aforesaid declaration
mentioned does not show the amount of assets in the hands
of the Defendant.â

2. It does not show the amount of Debts

3. It does not show in the manner required by Law the
adjustment of the same.â

4. It does not show for what amount the said state is

5. It does not show how the assets in his hands have been disposed
of

6. Insolvency cannot be pleaded in discharge of this demand after
the finding of the Jury in the former action that the said Defendant
had in his hands assets to the amount of the plaintiffs demand
without lawfully accounting for those assets so as to preclude
the plaintiff from any .â

7. The said plea does not show when auditors were appointed
on said Estate, whether before the seeing forth of the writ
in this case, nor the diligence he used to obtain a final
adjustment
of the said Estate.

8. The said plea does not state that the said Defendant
exhibited the demand of the plaintiffs with others to said
Auditors.â

9. The said plea does not state, that said Report, of said
Auditors had been presented to the court of common pleas to
be approved & confirmed by said Court.â

10. It does not state that the report of the auditors has-
been confirmed by said Court, after which only the administrator

View original image: Page  011
[missing figure]

is authorized to pay the proportions reported. âaâ

11. In said plea does not state that said Defendant hath
paid the assets in her hands to the Creditors named in said
pretended report.â

12. The said plea admits assets to a greater amount there
the plaintiffs demand.

13. The said plea admits negligence which in the foundation
of this suit and does not protect the Defendant in not
requesting the auditors to act before the commencement of
this suit unless they were appointed afterwards and in that
case he has been guilty of negligence.â

14 Because said plea is double in this, that it states first
that the Estate of said George DruillardGeorge Druillard is insolvent, secondly
that it was insolvent, thirdly, the appointment of auditors
fourthly, that he has no assets, & fifthly that he has
fully administered and contains several distinct matters which
cannot be joined in the same pleas â

15. The said Defendant cannot plead of assets after
the Jury have found assets in his hands, and the Judge-
ment of the Court in the first action still is in full force
unsatisfied and not appealed from or reversed.â

16. The said plea which states he has fully administered
cannot be received after judgment against the administrator
and assets sufficient to pay said judgment found by the Jury
without showing that debts of a higher degree and privilege
to the plaintiff against the Estate have exhausted their
assets and due diligence in the Defendant in setting the
Estate.â

17. That said plea is not issuable wants form is
contradicting and uncertain.â

EEdward Hempstead . HempsteadEdward Hempstead

View original image: Page  011
[missing figure]

And to the fifth and last pleas of said Defendant the said plaintiff
saith that he did within one year after public notice was given
by said Defendant in the MissouriMissouriGazette a public news papers of this

View original image: Page  012
[missing figure]
Territory to wit at the Town of Saint LouisSt Louis on the first day of August one thousand eight hundred & eleven - exhibit
his account or demand to said Defendant according to this
Statute of this Territory in such cases made and provided and
this he prays may be enquired of by the Country.

EEdward Hempstead .HempsteadEdward Hempstead plff

View original image: Page  012
[missing figure]

Parker
vs
LisaLisa
replication and

Filed the 20th of May 1814

M PM P Ledue LedueM P Ledue
Clk

View original image: Page  012
[missing figure]

Recd. a copy of the
within replication
the 27th May 1814

R EastonR Easton

Defendants Atty
View original image: Page  013
[missing figure]

Abraham ParkerAbraham Parker
vs
SamuelSamuel LisaLisa
Reasons for a new trial

1. This notice is contrary to laws
and the jury was mistaken as to the legibility of the repair
of the auditors and its being binding on the plaintiff

2. The verdict is on the principlethe
Jury assuming and is contrary to the & the
report of said auditorsought not to havepredicted the plaintiff
from receiving the full amounts

E. HempsteadEdward Hempstead

View original image: Page  014
[missing figure]

Abraham ParkerAbraham Parker
vs
Manuel LisaManuel Lisa

filed 2nd. July 1814

M. PM P Ledue. LedueM P Ledue Clk

View original image: Page  015
[missing figure]

Territory Of MissouriMissouri County Of StSt Louis. LouisSt Louis sct:

The United StatesUnited States of AmericaAmerica to Hle. Eglis of the county of St LouisSt Louis
Greeting

You are hereby commanded
that setting aside all manner of excuse and delay you be and appear in proper person
before the judges of our court of common pleas now on thesetting
day of, at the town of StSt Louis. LouisSt Louis, then there to testify and
the truth to say in a certain matter of controversy now pending in our said court, wherein
Abraham ParkerAbraham Parker is plaintiff and Manuel LisaManuel Lisa
defendant, on the part of the Defendant and have you then there this writ.

[missing figure]
Witness Mary P. Ledue Clerk
of our said court of common pleas, at the town of StSt Louis. LouisSt Louis this
26th day of October in the year of our Lord, one thousand eight hundred and fourteen and of the
Independence of the United StatesUnited States, the 39th

MM P Ledue . PM P Ledue .. LedueM P Ledue

Clerk of St. LSt Louis. C.C.P.
View original image: Page  016
[missing figure]

St LouisSt Louis common Pleas
October Term 1814

Manuel LisaManuel Lisa
ads
Abraham ParkerAbraham Parker
subpna

subpna for

Hyacinte Eglis

forthwith
View original image: Page  016
[missing figure]

Executed

WillWill

service & milage .33cts. for Defendant
View original image: Page  017
[missing figure]
Abraham ParkerAbraham Parker
vs
Manuel LisaManuel Lisa

In the town of Common
Pleas, St Louis County.

Action of HarrisHarris
On the trial of this case the
plantiffproduced the record of the former
the reform on the Execution and that the of
administration was granted in the 3d day of August 1870 â. The plaintiff then offered in
to prove the amount of assets records
by the Defendant as administrator of the action
of George DruillardGeorge Druillard the wit of
made by the said Defendant & find by him
with the Judge of probate for the county of
SaintSt Louis LouisSt Louislands the 26 day of November 1810. & a home sold the 23d day of April, 1811. â The
for the Defendant subject to the
evidence being admitted under the declaration in
this case on the ground that the plaintiff
having suggested a devastant of assets
which are alledged to have come to
the hands of the administrator, after
the said judgment obtained against him
in July 1812.- could not in this action
go for assets received before that date - the
which said his of states is in the words and
figures following to wit.

Sales of George Druillard's Property

George Leblanc One Mullatto Boy named PierrePierre aged 12 years $400.00
7 chemise blanche 9 409.00

View original image: Page  018
[missing figure]

brought over $409.00
6 Gilet sans manche a duverge 3
6 mouchoir Do 2
3 Pres culottes et 2 habit mouchoir 15:
2 Pres. 1 pres. culottes d'etoffe 2 chemise flanelle et mouchoir Do 4
11 chemise raye de CottonCotton Do 6
2 abits, culet a manche de sans manche le chemise drape de cotton et pantalon coton
et une molle vielle
2
$ 441

aujourd'huit vendredi apres midi apres avoir ses donne dans les nees et cree par le meme
pour que le public je trouve chez moi a tois heures apres qu'il lit une de monde assemble j'ai fait le vente
ci qui a monte la journe de quietre cent quatre viente et une piastres St LouisSt Louis 5 D 1810
E. D. temoinManuel LisaManuel Lisa Admr.
Le 268 vendu deux suivant lavalle a qu'il sont ete adjuge apres l'etre une quantite de
personne es avoir affiche apres de aujourd'huit
une Jument adjuge a lavalle 25

Une Do Do 15

St LouisSt Louis 26 8bre1810 40

Manuel LisaManuel Lisa

Un chevreuil recu apres Clermont vendu alorscrie sur Alexandra Belissime etadjuge a FrancoisFrancois
$ 20

St LouisSt Louis le 23 Avril 1811

Manl. Lisa
H. Eglis

filed 1st Febry 1812

M. P. LedueM P Ledue

Judge of Probate
View original image: Page  018
[missing figure]

The the said paper & 80 nor
the said paper so 90 is to the
Jury, to which opinion of the co
for the plaintiff & this
and pray the court to Mr JamesJames
and make the same a part of the record
Done in open courtJuly 1, 1814


Bernd Pratt
Clement B Peurou

View original image: Page  018
[missing figure]

Abraham ParkerAbraham Parker
vs
Manuel LisaManuel Lisa
Bill of exception

filed 1st. July 1814

M. PM P Ledue. LedueM P Ledue Clk