Estate of Gabriel Cerre by August Chouteau, Exceutor v. Antoine Delard
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Territory of MissouriMissouri
County of Saint LouisCounty of Saint Louis
Ss.

August ChouteauAugust Chouteau of the last will and testament of Gabriel Cerre deceased, which
said letters of administration and letter testamentary an now
to the count here their, complains of Antoine Delard of
a plea of Trespass or the law. Ya that the said
at the John of saint Louis, and county of saint
Louis and within the jurisdiction of this county on the
seventeenth day of June in the Year one thousand seven hundred & Ninety three. by on certain promissory
note of that doth by him by the name of Ant.
Delard subscribed and to the said Gabriel Cerre then
him delivering, promising to pay to him by the name
and description of Carri to his order, the
sum of Five Hundred, thirty five lives and Nineteen
Six , equal to the sum of Eighty nine Dollars
and nineteen lawfull of the united States. Ya
of an account to that day.

You the said Defendant though of the
requesting hall was refuse the same sum of money
to pay to the said GabrielGabriel is his before him, and
still doth refuse 1. pay the same to the plaintiff
his execution to the damage of plaintiff
in his aforesaid capacity two hundred Dollars
the sum

E Hempstread for Plff

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No 2

May Term 1817

August ChouteauAugust Chouteau Ex
of Gabriel Cerre
vs
AntoineDelard

Caps

This is an actionof
trespass to
fur of hang
a CaptainCaptain and hour have requiring you
$200.

Filed 12 oct 1816

M. P. LeducP Leduc clk

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The sheriff will take
Bail for two hundred
dollars.

M. P. LeducP Leduc clk

Non Est

J. WJ W Thompson .ThompsonJ W Thompson

Shff L. C.

Non Est 50 dts
October 26th 1811

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Delard ads. Cerri

1. Plea.
Stat. Lim
and the said Antoine Delard by his
a attorney, wives is and defind the and inquiry
where & where . and the said
chartow of the said gabrielpierre, ought not
to have a maintain his said thing
against him, because he , that the said
cause of action in the said declaration mention
ed did not accused to the said plaintiff at
any time in their five years before the exhibition
of the fill of he said plff against him in
this behalf, in manner and form as the
said plaintiff hath above thereof complained
against him the said continue : and
this he is ready to verify: wherefore he prays
judgement if the said auguste choteau his
action aforesaid thereof against him ought
to have and maintain.

2. Plea
Sol. ad
diem.
and for further plea in this behalf according
to the statute in that case made and provided
the said by this said comes and
definds the and injury where and when
. and says the said august
. of the said G. ought not to have
or maintain his said action thereof against
him, because he says that he the said action
Deland on the seventeenth day of June in the year are thousand seven hundred and ninety three

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at the County of St. LouisCounty of St Louis,
to the said care she said
of among mentioned in the declaration
of the said request choteau against
him, according to the from and effect
of the said from is therein
named and this he is readyto verify
wherefore he judgment of the
said august choteau ought to have
as maintain his aforesaid
thereof against him.

3. Plea.
Sol. post
diem.
and the said Deland for further
plea in this behalf avoiding to the
stated in that case made and founded
by his said . and defind the
among and where and where
and says the said plff his action above
said therefore against him ought not
to have or maintain. Because he
says, that he said antoine Deland
after the said seventeenth day of June in the year one thousand and seven hundred and ninety three, to wit, on the tenth day of May in the year one thousand seven hundred and ninety five, at the
county of St. LouisSt Louis, paid to the said
submit here the said sum of money
mentioned in the plaintiff declaration

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against him, together with all interest
thendue thereon, according to the form
and effect of the said
and this he is readyto verifywherefore
he prays judgment of the said auguste
choteau his action aforesaid thereof
against him ought to have

BentonBenton for Deft.

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and the said plaintiffs for replication to the firstplea
of the said day defendant saith he oughtnot is
and any thing in the plea to the
notwithstanding, because he days that the saiddefendants
at any time within five years next preceding the date
being forth of the plaintiff , for five years
was preceding the Twelfth day of October in the Year one thousand eight hundred & sixteen was aboutfrom the
territory of louisiana, and territory of missouri; and
the knowledgeof the plaintiff written the jurisdictionof
the is said and this he is ready toverify
wherefore he judgment for his damages
aforesaid

E Hampstread for Plf

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And for replicationto the second plea before
the said plaintiff with that he ought not to be
and , because he says, that the said
did not on the Seventeenth day of June in the Year one thousand, seven Hundred & ninety three as the county aforesaid pay and satisfy to the
saidplaintiff the sum of many and

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this he pay may be enquired of by the Country,
and the debt does the same
BentonBenton
tho his so the third plea in the behalf the
said plaintiff saith he ought not to be found produces
because he says that the said Defendant did not who
the county aforesaid, on the tenth day of May, one thousand seven hundred & Ninety five, pay and justify to the said
Gabrial the sum of money for and this
he pay may be of by the Country
and the deft does the same
Benton.

E Hampstread

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Antoine Dulard
ads.
CerreCerre Est.
Pleas

1. State .

2. Jol. ad diem.

3. Jol. post dienr.

Filed tuesday 13th May

M. PP Leduc . LeducP Leduc

Duplication the
Day

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Delard ads. Cerris .

Rejoiner in to replication to the first plea.

And the said Antonie Dulard, as to the said replication of
the said plaintiff to the first plea of him the said Antonie
Delard, saith that he said plaintiff ought not by season
of any thing on that replication above alledged to have
or maintain his aforesaid actions agree to him because
he says, that within five years not before the
times of the writ of the said plaintiff is this case he
was found in the county of Louis County
of MissouriMissouri, and within the jerisdiction of the courts
of the of the said County, to sent at St. LouisSt Louis
aforesaid, and this be pays on be injured of by
this county.

BentonBenton for Deft.

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Deland adsCerreCerre Est.
Regeindon to Repb.

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The deposition of AugustusLaroche taken by wit to be
read on said in the suit defendent in the St. LouisCircuit Court
Circuit CourtCircuit Court between Aug. chotean of on certain
Deland on the part of the Deft.

The said deponent being first duly deposeth and saith that
be had known the Deft. Automic Deland since thirty years and
twenty four years of that time on this county. That in the
last of the year 1796 and the beginning of 1797 this deponent and the
and automic both in the service of the
cure, deceased, the father in law of Col. Chotean, and
were at that time employed at the pioias that Con. automic
Delard was well able in this time and ever since to pay his debts
that Mc. automic Delard has aesided since twenty one years at
the piore as and that almost every fall and opeing denory the life
of Con Cenre, he Con Cenre was in the habet of passing by
the pioias on his way to & from Mainaum and that he often
saw Mc. cenre and Mc Delard together, and at one time the
whole there, that is the acponent, M. Delard and Mc Cerne
went in three canoes in company to Maconour which was
in the seon 1797 in the month of June and July of that zean,
and that he does not know that Mc Delard has been about
from his home at the Piorias, except when he was made prisoner
in the beginning of the late was. That two years age that is to say
in the year 1315 he deponent came with the said automic Delard
from Maimann and parted from him at the grand and in the
IllinoisIllinois river, what the defendant continued his towards
St. LouisSt Louis and further this deponent saith that Mc. Delard
was and himself to Mc. Gahil Cerxe

Angoes tin La Laroche

Sworn to and subscribed
in open court, this 16th Oct 1817

A. S. McGirk Dclk
for M P LeducP Leduc Clk

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ChouteauChouteau exec of CerreCerre
vs
Antoine Delard

Dep. of Laroche

filed oct. 16th 1817

M. P. LedueM P Ledue Clk

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Know all men by these presents, That I AntoineAntoine delerd as
and NicholasNicholas
as are held and firmly
bound unto John W. ThompsonJohn W Thompson , sheriff of the county of St. LouisSt Louis, his assigns or successors
in office, in the sum of Two Hundred Dollars
currency of the United StatesUnited States, to which payment well and truely to be made, we bind our-
selves and each of us by himself, our and each of our heirs, executors, administrators and
assigns, firmly by these presents. Sealed with our seals and dated this 26th day ofOctober in the year of our Lord one thousand eight hundred and sixteen

The condition of the above obligation is such, That if the above bound AntoineAntoine
delerd shall appear at the
next circuit court to be held at the town of St. LouisSt Louis, on the
first Monday in May next to answer unto AugustAugust Chouteau
ChouteauAugust Chouteau of GabrielGabriel
in a plea of Trespass on the , to the
Damage of the said August ChouteauAugust Chouteau in his
said two Hundred Dollars
and if judgment be given against him at that or any subsequent term of said court, that
the said AntoineAntoine delerd will pay the Damage
aforesaid and costs, or the amount of the condemnation of the court, or surren-
der himself in execution thereof, or that the said NicholasNicholas
will do it for him; then the above obligation to be void, else to remain in full force and
virtue in law.

Signed sealed and delivered
in the presence of

A. C.. CarrCarr

AntoineAntoine
Deschamps

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his
Nicholas H Lecompte
mark

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Territory of MissouriMissouri, County of St. LouisCounty of St Louis, sct.

The United StatesUnited States of AmericaAmerica to the Sheriff of said county,
Greeting.:

You are hereby commanded to summon AntoineAntoine Chenier ChenierAntoine Chenier
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our circuit court on thenow sittingday of
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of
controversy now pending in our said court, wherein Augt. Chouteau
of is plaintiff and AntoineAntoine delerd defendant, on the
part of the defendant and have you then there this writ.

Witness MaryMary P. LeducP Leduc , Clerk of our said circuit court, at the town of
St. LouisSt Louis, this 14th day of October in the year of our Lord, one thousand eight hundred and 17 and of the
Independence of the United StatesUnited States, the forty

M. P. ladue Clerk of St. LSt Louis. C. C. by
A. J. McGirk

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Augt. Chouteau

vs
AntoineAntoine Deland
subpoena for
AntoineAntoine

Executed
J WJ W Thompson ThompsonJ W Thompson

service 33


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Territory Of MissouriMissouri, County Of St. LouisSt Louis, sct.

The United StatesUnited States of AmericaAmerica to the Sheriff of said county
Greeting:

You are hereby commanded to summon Louis Bison
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our circuit court on thehow forthwithday of
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of
controversy now pending in our said court, wherein Auguste ChouteauAugust Chouteau of
GabrielGabriel is plaintiff and Antoine Delard defendant, on the
part of the defendant and have you then there this writ.

Witness MaryMary P. LeducP Leduc , Clerk of our said circuit courrt, at the town of
St. LouisSt Louis, this 21st day of Octoberin the year of our Lord, one thousand eight hundred and seventeen and of the Inde-
pendence of the United StatesUnited States, the 42nd

M Clerk of St. LSt Louis. C. C. By
A. J. McGirk

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Augt. Chouteau
of
vs
Antonie delard

RufusRufus for
Louis Bison
forthwith

executed
J. W. Thompson
Shff
service

sum 33

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Territory of MissouriMissouri, County of St. LouisCounty of St Louis, sct.

The United StatesUnited States of AmericaAmerica to the Sheriff of said county,
Greeting.:

You are hereby commanded to summon ThomasThomas Forsyth as for of the
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our circuit court on thenovday ofsetting
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of
controversy now pending in our said court, wherein aug. chotaeu. of
G. Gerre is plaintiff and anto in Deland is defendant, on the
part of the dept. and have you then there this writ.

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Witness MaryMary p. Leduc, Clerk of our said circuit court, at the town of
St. LouisSt Louis, this 22d. day of Oct in the year of our Lord, one thousand eight hundred and 17 and of the
Independence of the United StatesUnited States, the

M PP Leduc LeducP Leduc Clerk of St. By
A. S. McGirk Clk

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Chouteau . of Cerre

Deland.
Jpa. for Iho.

Executed

J. WJ W Thompson . ThompsonJ W Thompson
Shff

service .33 6 .39
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Territory Of MissouriMissouri, County Of St. LouisSt Louis, Sct.

The United StatesUnited States of AmericaAmerica to the Sheriff of said county,
Greeting:

You are hereby commanded to summon Louid Breejson - August

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 forth day of October.
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of
controversy now pending in our said court, wherein AugusteAuguste choteau of
Coni is plaintiff and And Delaid defendant, on the
part of the plaintiff and have you then there this writ.

Witness MaryMary P. LeducP Leduc , Clerk of our said circuit court, at the town of
St.LouisSt Louis, this Sixteenth day of October in the year of our Lord, one thousand eight hundred and Seventeen and of the
Independence of the United StatesUnited States, the 42nd

M. P. LeducP Leduc Clerk of St. LSt Louis. C. C. By
And D.

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2.50

33

33

39

33

3.88

10

6

4.04

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Aug Chouteau
vssubpoena
Delard

21

Louis Buisson
AugusteAuguste LaRoche
for plff

Non est

non 50

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Territory of MissouriMissouri, County of St. LouisCounty of St Louis sct.

The United StatesUnited States of AmericaAmerica to the Sheriff of said county
Greeting:

You are hereby commanded to summon ThomasThomas Forsyth
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our circuit court on thenovday ofsetting
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of
controversy now pending in our said court, wherein Aug. choteau admr. of
is plaintiff and antoinedelard defendant, on the
part of the defendant and have you then there this writ.

Witness MaryMary P. LeducP Leduc , Clerk of our said circuit court, at the town of
St. LouisSt Louis, this 12th day of Oct. in the year of our Lord, one thousand eight hundred and 17 and the Inde-
pendence of the United StatesUnited States, the

M P LeducP Leduc Clerk of St. LSt Louis. C. C.

A S McGirk Clk

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ChoteauChoteau adm
of bare
vs
antoni delard

for in
behalf of the dependant

Executed
A. C.. CarrCarr DShff
for J. W. Thompson Shff

service 33

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Territory of MissouriMissouri,
County of St. LouisCounty of St Louis
sct.

The United StatesUnited States of AmericaAmerica to the sheirff of the county of St. LouisSt Louis, Greeting.

We command you before you you to take delard
if he may be found within your bailwick and safely keep so that you may have
his body befor the judge of our Circuit CourtCircuit Court to be held at the town of St. LouisSt Louis, within and
for the county of St. LouisSt Louis, on the first monday - of May - next then there
to answer unto August choteaue Exceutor of gabriel case
of on the case in a plea
damage of the said August in his saidcounty to the
Two hundred Dollers and have you then
there thiw writ.

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Witness the Hon.Marry ledue ClrkEsq.
presiding Judge of our said court at the town of St. LouisSt Louis aforesaid, this twenty fifth day of October in the year of our Lord one thousand eight hundred and sixteen and of the Independence
of the United StatesUnited States of AmericaAmerica the forth first

M. PP Leduc .LeducP Leduc & Clk. St. LSt Louis. C. C.

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Territory of MissouriMissouri,
County of St LouisCounty of St Louis
sct.

The United StatesUnited States of AmericaAmerica, to the sheriff of the county of St. LouisSt Louis, Greeting.

We command you to take Antoni Delard
if he may be found within your bailwick and him safety keep so that you may have
body before the judge of our court of common pleaseCircuit CourtCircuit Court to be held at the town of St. LouisSt Louis. within and
for the county of St. LouisSt Louis, on the first Monday of November next then there
to answer unto August & Choteau of
GabrielGabriel in a plea
of Trespass on the case.to his Damage
damage of the said August choteau in his Said capacity to the
the sum of
Dollacy and have you then
there

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Witness the Hon.MaryMary Bleau ClerkEsq.
presiding Judge of our said court at the town of St. LouisSt Louis aforesaid, this
day of October in the year of our Lord thousand eight hundred and sixteen and of the Independence
the United StatesUnited States of AmericaAmerica the forty six

M. P. LeducP Leduc Clk. St. LSt Louis. C. C. C. P.

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