David Stone Co. et. al. v. Executors of Manuel Lisa et. al.
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New YorkYork Feb 2d 1820

Thomas HempsteadThomas Hempstead Esq.
Sir

I had the pleasure to receive
Yesterday morning the Honll. Mr. Scotts letter informing me
of yr arival at WashingtonWashington and I hasten to acknowledge
the of your is returned favor of the 19th nov 1819
adduped to M David from the SuperiorSuperior Court partner
of our concern residing at Walpole New Hampshire

very much that your letter of the
21st of augt had not a proper direction (a copy
of which you was so good as to hand us with yours
of the19 nov.) as I am almost certain we should
in this have concluded an arrangement with your
company for goods I proper leaving this placed for
WashingtonWashington on Friday or saturday next and
hope early in the following week. I have the
pleasure of meeting you when I hope we may conclude
such arrangements as will ultimate in advantage

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in advantages to all concerned

I am Sir very Respectfully
Yours obty

P. N. Bostwick
Junior and act partner
for DavidDavid

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Thomas HempsteadThomas Hempstead Esq.
Care of the Hon. . ScottScott
Delegate from MissouriMissouri
WashingtonWashington City.

O N Bostwick
July 2. 1829

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Mfs. DavidDavid Stone H. F. The Missouri FurMissouri Fur Company C
for, 7010 Buffalo Rules /2.50 $17,525.00
403 Otter Skins 2.50 1007.50>
4089 1/2 #s, Beaver " 2.50 10,223.75
389 1/4 #s do " 3.00 1167.75
40 " Deer " .304 1218.90
1800 Raccoon " .37 1/2 675.00
4 Bear " 1.00
4.00
5 Fisher " .75 3.75
250 Muskrat " .20 50.00
31,875.65 100

to the Credit of the MissouriMissouri
for county 1 June 1821

D. Stone H.

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No. 4
Statement of Furs Petiton
and Rules delivered D. Stone
1821

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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-

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said Mary LisaMary Lisa Executrix & said Charles HempsteadCharles Hempstead Executor
as aforesaid by virtue of the Power and authority in us vested by the
aforesaid last will and testament of said Manuel LisaManuel Lisa and for
and in consideration of the said Debt of twenty six thousand
Nine hundred & ten dollars 98/100, owing by said "Missouri FurMissouri Fur Company Com
pany" to said DavidDavid Stone & Co. as aforesaid to be paid in twelve
months from the fifteenth of August last past by said MissouriMissouri Fur Company
Fur CompanyMissouri Fur Company and for the better securing the payment thereof at
the time above stated by said Missouri Fur CompanyMissouri Fur Company to said,
DavidDavid Stone & Company their heirs Executors, administrators
and assigns and also in consideration of the further sum of five
dollars to be paid said parties of the first part well and truly
paid and satisfied by said DavidDavid Stone & Co. at and before the en-
sealing of these presents the receipt whereof is hereby acknowledged,
have granted, bargained and sold released and confirmed & by
these presents do hereby grant, bargain sell release & confirm unto
them said DavidDavid Stone, JosiahJosiah Bellows & Oliver NOliver N . Bostwick
and their heirs and assigns, the following real estate belonging to
said LisaLisa in his life time, situate lying and being in the town of
Saint LouisSt Louis aforesaid that is to say, all that certain lot or piece of
ground situate, lying and being in the Town of Saint LouisSt Louis, with
the dwelling house and other buildings thereon, on which the
said Manuel LisaManuel Lisa lately resided containing Eighty feet french
measure in front, by one hundred and fifty in the rear; bounded in
front by main Street, North by a cross street which seperates the
same from CharlesCharles Billon's lot, East by the Mississippi RiverMississippi River
& south by the lot of HenryHenry Von Phul it being the lot of ground
which was purchased by said Manuel LisaManuel Lisa from JohnJohn B BJohn B TrudeauTrudeau & wife by deed
dated August 31st 1810 as will more fully and at large appear
by reference there to recorded in Book & page 140 & following in
the Clerks office for Saint LouisSt Louis County. To Have and to Hold
the above granted and described premises, with the appurtenane
there unto belonging unto them said DavidDavid Stone JosiahJosiah Bellows
& Oliver NOliver N . Bastwick & their heirs and assigns forever

Provided always and it is the true intent and meaning
of these presents and of the said parties hereunto that if said

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"Missouri Fur CompanyMissouri Fur Company " their heirs Executors assigns or surviving
do, and shall well and truly pay to the said DavidDavid Stone & Co.
the said sum of twenty six thousand Nine hundred and the dollars
98/100 in the manner following that is to say in one year from the
fifteenth day of August last part according to the true meaning
and intent of these presents, then and from thence forth these presents
and every matter and thing therein contained, shall cease and be utter
null and void any thing herein contained to the contrary thereof in
any wise notwithstanding.

And the said Mary LisaMary Lisa as Executrix and said Charles SCharles S Hempstead
HempsteadCharles S Hempstead as Executor as aforesaid do hereby promise grant and
agree to and with the said DavidDavid Stone, JosiahJosiah Bellows & OliverOliver N
NOliver N . Bostwick their heirs Executors and assigns in the manner and
form following, that is to say, that if the aforesaid partners of said
MissouriMissouri or their heirs Executors administrators assigns or survivors or
some of them shall not well and truly pay or cause to be paid unto
the said DavidDavid Stone JosiahJosiah Bellows & Oliver NOliver N . Bostwick
or their heirs, Executors, administrators or assigns the said sum of
twenty six thousand nine hundred & Ten dollars 98/100 in one year
from the fifteenth day of August last past that then they the
said Mary LisaMary Lisa as Executrix as aforesaid and said Charles SCharles S Hempstead .
HempsteadCharles S Hempstead as Executors as aforesaid, will do it for them the said
Missouri Fur CompanyMissouri Fur Company in the manner as above stated or permit
the foregoing mortgage to be foreclosed according to the Statute
in such case made and provided.

And lastly it is covenanted and agreed upon by both
and all the said parties to these presents and it is hereby declar
ed to be the true intent and meaning hereof and of the parties
hereunto that until defaults shall be made in the payment of
the said sum of money according to the true meaning and intent
of these presents it shall and may be lawful to & for the parties
of the first part and the heirs and assigns of said Manuel LisaManuel Lisa
deceased, peaceably and quietly to have, hold, occupy possess and
enjoy all and singular the said premises above granted and
released and every part thereof with the appurtenances.

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and to have receive and take the rents, issues and profits
thereof to said parties of the first our particular use and ben
efit any thing here in contained to the contrary in any wise
notwithstanding.

In Testimony our the Said Mary LisaMary Lisa
as Widow & Executive and Said Charles S. HempsteadCharles S Hempstead Executor
as aforesaid, have hereunto interchangeably set our hands &
affixed our seals at S. LouisS Louis the day & year first herein before
written.

Five words interlined & approved
of before signing
Signed duplicates
Signed sealed and delivered
in the presence of
WilliamWilliam Hempstead
&

Mary LisaMary Lisa

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Hempstead

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Which deed is now here to the Court shown.

And you petitioners over that the said Mary LisaMary Lisa Executrix
as aforesaid and said Charles S. HempsteadCharles S Hempstead Executor as aforesaid
Thomas HempsteadThomas Hempstead , Joshua PilcherJoshua Pilcher , Joseph PerkinsJoseph Perkins , John BJohn B .
Zenoni, AndrewAndrew Woods, and Moser B. Carson nor any nor
either of them nor any person for any or either of them have not
not paid the said sum of seventy six thousand nine hundred
and ten dollars & seventy eight cents to your petetioners or any or
either of them or any part thereof, and that the said
Executive and Executor and the said Thomas HempsteadThomas Hempstead
Joshua PilcherJoshua Pilcher , Joseph PerkinsJoseph Perkins John BJohn B . Zenoni AndrewAndrew
Noods and Moser B Carson have hitherto wholly
neglected and refused so to do. Therefore your petitioners
pray that the said mortgage may before losed and the mortgage
premises therein mentioned of sold for the payment of the debt
due your petitioners as aforesaid and your petitioners pray
that the said Mary LisaMary Lisa Executive as aforesaid and the said

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Charles S HempsteadCharles S Hempstead , Executor as aforesaid may be
commanded to appear in your honorable Court and show
cause (if any they have why the said mortgage should not be
foreclosed and the mortgaged premises mentioned therein
sold &c.

GeyerGeyer atty
for Petitioners

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served on 13th Sepr
on Charles F Hampstead
by his acknow-
ledging
for himself and
also for MaryMary Lisa
LisaMary Lisa on same
day in the
city of St. LouisSt Louis

Jno K WalkerJohn K Walker shff

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No. 35

St. LouisSt Louis circuit court
October Term 1824

DavidDavid Stone
JosiahJosiah Bellow &
Oliver NOliver N Bostwick
vs
Mary LisaMary Lisa Executions
& Charles S. HempsteadCharles S Hempstead
Execution of M Lisa

Petition to forclose
mortgage
Let a Summons issue


for Petitioners

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County of St. LouisCounty of St Louis
The state of MissouriMissouri

To the Sheriff of St. LouisSt Louis county Greeting

Command you to common Mary LisaMary Lisa Executrix and CharlesCharles I Hemp-
stead Executor of the last will and Testaments of Manuel LisaManuel Lisa
that they be and appear before the Judge of our circuit court at
the next term thereof to be half at the city of St. LouisSt Louis within and for the
county of St. LouisSt Louis on the first monday october next there and then
to answer unto the Petition of DavidDavid Stone. JosiahJosiah Bellows and OliverOliver N
NOliver N Bosturek, and shew cause if any they have or know of any
thing to say, why the mortgage in said Petition mentioned should
not be fore closed and the mortgaged premises therein mentioned
sold according to this prayer of said petition and have you then
them this writ.

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Witness Archibald GambleArchibald Gamble clerk of our
said court of office this thirteenth day of September & 1824

Archibald GambleArchibald Gamble clerk

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Oct. Term 1824.

Mary LisaMary Lisa Executrix &
Charles S. HempsteadCharles S Hempstead Exc
of Manuel LisaManuel Lisa , dec'd
ads.
DavidDavid Stone
JosiahJosiah Bellows &
Oliver NOliver N . Bostwick

And the said
defendants come and defend the wrong
and injury when &c. and for answer to
the said petition say that the said pe
titioners ought not to foreclose the said
mortgage and have the properly therein
mentioned sold for the payment of the
said supposed debt due to the petition
ers, because they say that on and before
the day when the said debt in the petition
aforesaid mentioned because due and pay
able towith, on the fifteen day of August in the year one thousand eight hundred and seventy one, towith, at the county of
St. LouisSt Louis in the state of MissouriMissouriThomasThomas Hempstead
HempsteadThomas Hempstead , Joshua PilcherJoshua Pilcher , Joseph PerkinsJoseph Perkins
John BJohn B . Lenoni, AndrewAndrew Woods and Moses
B. Carson, the said partners of the said
"Missouri Fur CompanyMissouri Fur Company ," did well and
truly pay to the said petitioners the said
sum of money in the said petition men
tioned, and this the said dependents are
steady to verify; wherefore they pray judge
ment &c.

Bates Farris &Spaulding
Cozens for defts.

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and the said defendants further answering
say that the said petitioners ought not to fore
close the said mortgage and have the property there
in mentioned sold for the payment of the sup
posed debt therein mentioned because they say
that the said MissiouriMissouriFur CompanyMissouri Fur Company was established
for the sole purpose of trading with the Indians and
that the debt in the said petition mentioned accrued by
reason of advances made by said plaintiffs to said
MissiouriMissouriFur CompanyMissouri Fur Company of goods, wares & menchan
dise, & moneys, for the purpose of enabling said
MissiouriMissouriFur CompanyMissouri Fur Company to prosecute and carry
an the said trade that at the time when the said debt
was contracted to unit on the first day of August in the year of our Lord one thousand eight hundred and twenty at the county aforesaid it was
agreed by and between the said petitioners and the
said MissiouriMissouriFur CompanyMissouri Fur Company , that the said debt
should he satisfied & discharged out of the first re
turns of pettries & furs of the said Missouri FurMissouri Fur Company
CompanyMissouri Fur Company if said returners should be sufficient
and that of the afterwards and before the Com
mencement of this suit to unit on the first day of July in the year one thousand eight hundred and twenty one the said Missouri FurMissouri Fur Company Com
pany brought to St. LouisSt Louis funs and pettries being
the returners of their said made with the Indians
of great value to unit of the value of fifty thousand
dollars and for exceeding in value the amount

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of said debt and them and there delivered the
whole of said Jury and pettries into the hands
of said plaintiffs in pursuance of said agree
ment between said plaintiffs & said MissouriMissouri Fun
Company: and this they are ready to verify
wherefore they pray judgment &c.

BatesBates Farnes SpaldingSpalding
Coezens - Attys

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and for further plea in this behalf the said defen
dants say that said supposed mortgage ought not to be foreclosed
because they say that said supposed mortgage is not
their deed & of this they put themselves upon the country
&c.

and for further plea in this behalf said defen
dants say that said petitions aught not to foreclosed and
supposed mortgage and have the property therein mentioned
sold for the payment of the debt therein mentioned, be
cause they say that the said defendants were not law
fully authorised & empowered to make and execute the
said supposed Deed of mortgage in manner and form
and for the sum, as in said petition setforth and of
this said dependants put themselves upon the coun
try &c.

Bates Farris SpaldingSpalding
Cozens Attys

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Executors of Lisa

David Stone

pleas

Filed Oct. 16. 1824
A GambleArchibald Gamble
Clk

filed April 18th 1825
A GambleArchibald Gamble Clk
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County of St. LouisCounty of St Louis, sct.
The State of MissouriMissouri,

To The Sheriff Of St Louis CountyâGreeting:

You are hereby commanded to Summon
Thomas HempsteadThomas Hempstead

that setting aside all manner of excuse and delay he be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the 13th day of April at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein The Executory of Mc Lesa plaintiff,
and DavidDavid Stone & Co. defendant,
on the part of the Defeadant and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the city of St. LouisSt Louis, this first day of April in the year of our Lord one thousand eight hundred and twenty five

A GambleArchibald Gamble

Clerk, C.C.
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Thos HempsteadThomas Hempstead not found in my County

J. K. WalkerK Walker Shff

non Est $ 0.12
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March 1825

D. Stone & Co
vs
Lisa's Exty

for
Thos HempsteadThomas Hempstead

13th April for
Defendant

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County of St. LouisCounty of St Louis, sct.
The State of MissouriMissouri,

To The Sheriff Of St. Louis County-Greeting:

You are hereby commanded to Summon
Thos F Reddick
Louis Bonipart
John
that setting aside all manner of excuse and delay, they beand appear in proper person before the Judge
of our Circuit CourtCircuit Court , on theForthwithday of at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein Stone Bostwick & Co. plaintiff,
and the Executors of M Lisa defendant,
on the part of the plaintiff and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the city of St. LouisSt Louis, this 23rd day of April in the year of our Lord, one thousand eight hundred and twenty five

A GambleArchibald Gamble

Clerk, C.C.
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Executed in
that the within
normed witness
on the 23rd April 1825 in the city
of St LouisSt Louis

Jno K. WalkerJohn K Walker
shff

$1.50
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March 1825

Stone Bostwick & Co.
vs
LisaLisa Exts

for
Thos F RiddickThomas F Riddick
Louis Bomport
John
forthwith for
pllf

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Circuit CourtCircuit Court
March Term 1825

DavidDavid Stone
JosiahJosiah Bellows &
OliverOliver Bostwick
vs
Mary LisaMary Lisa Execution
& Charles S HempsteadCharles S Hempstead Ex
of Manuel LisaManuel Lisa dec

And the said plaintiff for replication
to the plea of the said defendants first above
pleaded say that they the said Plantiffs ought
not to be banned or precluded from foreclosing the
said mortgage and having the property therein
mentioned sold for the payment of the said debt
due the said Petitioners because they say that the
saidThomas HempsteadThomas Hempstead Josiah Pilcher Joseph PerkinsJoseph Perkins John BJohn B LenoniAndrewAndrew Woods &
Moses B Carson
said defendants did not on or before the day when the
said debt with said petitions mentioned because due
and payable by on the fifteenth day of august in the year one thousand eight hundred and twenty one
at the county of St LouisSt Louis state of MissouriMissouri well & truly
pay to the said Petitioners the said Petitioners of money in the
said Petition mentioned and this they may may be
required of by the country

Geyer Wash & Pettis
Attys for Petitioners

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And for replications to the plea or answer of the said
defendant secondly above pleaded the said petitions
say they ought not to be barred or procluded from
having the said mortage fore closed and the property
therein mentioned sold for the payment of

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the said debt therein mentioned because they say
that it was not at the time when the said debt was
contracted to with on the first day of august in
the year of our lord one thousand eight hundred and
twenty at the county aforesaid or at any other term and
place agreed by and between the said petitioners and
the said Missouri FurMissouri Fur Company Companythat the said mortgages debt
should be satisfied and discharged out of the first
returns of pettries and furs of the said MissouriMissouri Fur Company
FurMissouri Fur Company company of said returns should be sufficient
nor did the said Missouri Fur CompanyMissouri Fur Company afterwards
to with on the first day of July on the year one
thousand eight hundred and twenty one at St. LouisSt Louis
deliver into the hands of said Petitions, furs & pettries
of the value of fifty thousand dollars in discharge
& satisfaction of said mortgage debt in the petition mentioned
and this they pray may be enquired of by the country
& Co.

Geyer Wash
& Pettis Attys

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And as to the third plea of the said defenders
above pleaded the said defendents having but
themselves upon the country the said Plaintiffs
do the like

Geyer Wash
& Pettis Attys

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And for replication to the plea of the said
defendants fourthly above pleaded the said
petitioners say they ought not to be barred
or precluded from foreclosing the mortgaged

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aforesaid and having she property therein mentioned
sold for the payment of the debt therein mentioned
because why say that the said Defendants was
fully authorised and empowered to make and
execute the said deed of mortgage in manner
and form and for the sum as in the said petition
set forth, and the said Defendants having
put themselves whom the country the said
Plaintiffs do the like.

Geyer Wash &
Pettis

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David Stone & Co.
vs
LisaLisa Exc.

filed
April 22nd 1825

A GambleArchibald Gamble clerk

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[missing figure]

1076-43

358-81

717-62

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17940-66

6

107643-96

4

4305-72

717-62

5023-34

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and the said petitioner for replication
to the said plea of the defendants
by them secondly above pleaded the
said petitioners say that they ought
not to the baned and precluded
from having the mortgage aforesaid
for closed and the premises therein
mentioned sold to satisfy the said
debt because they rag that the
said MissouriMissouri such company did
not deliver to the petitioners the said
furs and pettries, in pursuance
of the said agreement in the said
plea mentioned in sales
of the said debt in the petition
mentioned in manner & form as
the said defendants have in
then said plea alledged and
this they the said petitioner pray
may be inquired of by the county

Geyer Wash
& Pettis
for petitioner

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Stone Bostwick
vs
M. Lisa's Exts

Amended replications

filed April 22nd 1825

A GambleArchibald Gamble Clk

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County of St. LouisCounty of St Louis, sct.
The State of MissouriMissouri,

To The Sheriff Of St.Louis County-Greeting:

You are hereby commanded to Summon
CharlesCharles Wahrendorff WahrendorffCharles Wahrendorff
Phillip Gray
Wm.Hempstead
that setting aside all manner of excuse and delay, he beand appear in proper person before the Judge
of our Circuit CourtCircuit Court , on theforthwithday of at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein Stone Boshwick & Co. plaintiff,
and M. Lisa's Excty defendant,
on the part of the Plaintiff and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the city of St. LouisSt Louis, this 22nd day of April in the year of our Lord, one thousand eight hundred and twenty

A GambleArchibald Gamble

Clerk, C.C.
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Executed on
C. Wahrendorff
P. Gray & Wm. Hempstead


on the 22nd for April 1825

John K. WalkerJohn K Walker
shff $ 1.50

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March 1825

Stone Bostwick
& Co.
vs.
M. Lisa's Excty.

for
Ch WahrendorffWahrendorff
Phillip Gray
forthwith
for Pllf
J. M. Hempstread

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County of St. LouisCounty of St Louis, sct.
The State Of MissouriMissouri,

To The Sheriff Of Saint LouisSt Louis CountyâGreeting:

You are hereby commanded to Summon Thomas HempsteadThomas Hempstead

that setting aside all manner of excuse and delay he be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the 30th day of July at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein DavidDavid Stone & Co our plaintiffs,
and The Execution of M. Lisa our defendant,
on the part of the Defendant and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
city of St. LouisSt Louis, this 14th day of June in the year of our Lord, one thousand eight hundred and twenty five

Archd. GambleArchibald Gamble

Clerk, C.C.
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[missing figure]

July Term 1825

D Stone & Co.
vs
Lisa's Extro

for Tho. HempsteadHempstead

for Defdt30th July

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[missing figure]

Thos HempsteadThomas Hempstead not found in any County
nonest 12

J. R. Walker

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[missing figure]

County of St. LouisCounty of St Louis, sct.
The State Of MissouriMissouri,

To The Sheriff Of Saint LouisSt Louis County-Greeting:

You are hereby commanded to Summon Charles WahrendorffCharles Wahrendorff -PhilipPhilip Gray-
WilliamWilliam Hempstead- Thomas F Riddick- Louis BompartLouis Bompart and
John KerrJohn Kerr .
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge
of our Circuit CourtCircuit Court on the 30th day of July at the city of St. LouisSt Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein Stone Bostwick & Co our plaintiffs,
and ManuelManuel Lisa's Executors are defendants,
on the part of the plaintiffs and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
city of St. LouisSt Louis, this 14th day of June in the year of our Lord, one thousand eight hundred and twenty five

Archd. GambleArchibald Gamble

Clerk, C.C.
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[missing figure]

Executed on Thom
F. Riddick & Char Wahrendorf
on
14th July 1825,
P. Grayon 12th
L. Bompart
on 16th July on Wm. Hempstead
on
19th J Kerr
on 20th July 1825 all
in the city of
St LouisSt Louis

Jna K WalkerK Walker
sheriff fees $3.00

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[missing figure]

July term 1825

Stone Bostwick & Co.
vs.
M. Lisa's Excy

for C. Wahrendorff
Philip Gray
Wm. Hempstead
J F. Riddick
Louis BompartLouis Bompart
John Kerr
for Plaintiffs

30th July

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[missing figure]

answer to the first

As Manuel LisaManuel Lisa
in his will refered to an agreement that
had been previously entered into between
him & Mr Bostwich- it was necessary to
what the agreement was & without
such proof the mortgage itself is not to be
taken as evidence that the mortgage
was in conformity with the contact
of there he other evidence of what the
the consideration 4.18 was was
differing from that set out in the
deed â

2 my If the Execution in the mortgage
deed exceeded the power given to
them the mortgage is void 464 & the
at law & the Plaintiff 4676 cannot
recover in this action â

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[missing figure]

the time of the delivery of the Furs but
not afterwards