Benjamin O'Fallon and William Clark vs. William Chambers and James Sawyer
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Country of St. LouisSt Louis
The State of MissouriMissouri

To the Sheriff of said County
Greeting

We command and you to attach William & Chambers and
James SawyerJames Sawyer by all and Singular their goods and
chattles Lands and tenements moniescredits and
effects or so much thereof as shall be sufficient to
secure the sum of Twenty five hundred and ten
dollars with interest and costs of said in whose
hands or possession soever the same may be found
in your county that they the said Willian Chambers
and James SawyerJames Sawyer be and appear at the next Term
of our Circuit court before our Judge there of to
be hold at the town of St LouisSt Louis within and for the
county of St LouisSt Louis on the first monday of April
next there and there to answer unto Benjamin O FallonBenjamin O'Fallon
and William ClarkWilliam Clark of a plea of Breach of Covenant
to the damage of the said Plaintiffs of Three-
Thousand dollars - and also that you summon
all and every persons in whose hands or possessions
soever Lands tenements goods chattles monies
credits and effects shall be found and particu-
larly William ChristyWilliam Christy and Thomas Wright that
they be and appear on the first day of the Term
aforesaid before our Judge thereof then and there
to answer what may be objected against them
and have you then there this writ.

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Witness Archibald GambleArchibald Gamble clerk of
and said court at office this Fifteenth day of February Eighteen Hundred and twenty one and of the Indepan-
dence of the United StatesUnited States the forty
fifth

Archilald GambleArchibald Gamble clerk
by Ewel Baker D Clerk

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Executed this writ by attac-
hing all the right title
interest and claim of
Wm Chambers in & to a tract
of Loved on which WmWilliam Christy
ChristyWilliam Christy Lives & summond
him as garnishedon
the 22 Feb 1821 in the pres
ence of E. Baker
and attached a lotsituated
on the hill bounded on the
south, by a Lot of Talmon
Gedding on the 26th Feb. 1821in the presence of JohnJohn K Walker B

John K. WalkerJohn K Walker Dlf

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No. 55
BenjBenjamin O FallonO Fallon &
Wm. ClarkWilliam Clark
vs Wm. Chambers &
James SawyerJames Sawyer

narrow Covenant

This is an action of Covenant
under on foreign attach
with affidavit endorsed - set
a writ of foreign attachment
issue according to Larr-Summon
May vs Wm. Christy & Ihs. WrightWright
as garnished - Dams $ 3000

HempsteadHempstead Ps
Clk C C Slc

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Service $1.00
travel .40
$1.40

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In the Circuit CourtCircuit Court
in the 3d Judicial District
april Term 1821

County of Saint LouisCounty of Saint Louistown: Benjamin O'FallonBenjamin O'Fallon
and WilliamWilliam Clark ClarkWilliam Clark complain by HempsteadHempstead
their attorney of William Chambers and JamesJames Sawyer
SawyerJames Sawyer of a plea of breach of Covenant -
for that whereas, by a certain article of agreement
made concluded and agreed upon the termsNinth day of May in the year of our lord. One thousand eighth hundred sixteen,town at the
County of Saint LouisCounty of Saint Louisaforesaid, between the
the said Plaintiffs of the one Part, and the said
Defendant's of the other Part, (which said article,
of agreements State of much the respective seals
of said Defendant, and bearing date the Pay and
last aforesaid, the said plaintiffs now
bring here into Court) the said William
Chambers and JamesJames Sawyer SawyerJames Sawyer did covenant
grant promise & agree to and with said
Plaintiffs in names following that is to say

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that they send William Chambers & JamesJames Sawyer SawyerJames Sawyer
would on the First day of February in theyear Eighteen hundred and seventeen take up
an obligation given by said BenjaminBenjamin O'Fallon O'FallonBenjamin O'Fallon
andWilliam ClarkWilliam Clark to JohnJohn Sullivan SullivanJohn Sullivan as
Executor and a administrator of SamuelSamuel Means. For
the sum of twenty five hundred and Ten dollars-
as by paid article of agreement reference being
thereto had, will amongst other things appearâ

Yet protesting that the said Defendants
have not noreither of them performed and
fulfilled any thing in said article of agreement
contained on their respective parts and behalves
to be performed; said they said plaintiffs do in fact
over, that the said William Chambers and JamesJames Sawyer
SawyerJames Sawyer did not, nor did either of them on the
said first day of February in the years One thousand Eight hundred twenty.take up the said
obligation given by said Benjamin O FallonBenjamin O'Fallon &
William ClarkWilliam Clark to said John SullivanJohn Sullivan as Executor
and administrator of SamuelSamuel Meansfor the sum of

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twenty five hundred and tendollars, according
to the , true meaning article of
agreement: but on the contrarythere of said
Defendants thentherefailed & made default
in the performance of said agreement in the particular
last above mentioned, contrary to the and effect
of the said agreement, and of thesaid Covenant of the
said Defendants therein for that purpose in that
behalf contained as aforesaid; and in breach, and
in violationthere of town at the county afore
said:

And where as by a certain otherdeed
made concluded & agreed upon the saidtwenty
ninth of May in the year Eighteen hundred sixteen
town at Saint LouisSt Louis County aforesaid, between the
said plaintiffs of the one part, and thesaid Defendents
(which said deeds sealed with the respective seals
of them the said Defendants, & bearingboth the
day and year last aforesaid, the two plaintiffs now
bringhereintocourt ) the said Defendants
did covenant promise& agree to and withsaid
plaintiffs in the mannerfollowingthat is to
say the on the first day of February Eighteen hundred and seventy they said WilliamWilliam chambers

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and JamesJames Sawyer SawyerJames Sawyer promised & obligedthemselves
totake up an obligationgiven by saidBenjaminBenjamin O'Fallon
O'FallonBenjamin O'Fallon and WilliamWilliam to JohnJohn Sullivan SullivanJohn Sullivan as
Executor and administrator of SamuelSamuel Means for the
sum of twenty five hundred & tendollars
as by saiddeed, referencebeingtherein had
will appear

And the said plaintiffs in fact say
and over that they said William
Chambers & JamesJames Sawyer SawyerJames Sawyer have not nor either of
them performed or fulfilled the said last mentioned
covenant and agreement ontheir part and behalf
to be performedâ in this, that is to sayâ
that they said William Chambers and JamesJames Sawyer SawyerJames Sawyer did
not nordid either of themon the said last mentioned
first day of February in the year Eighteth hundred & twentyâ take up the said obligation given by
saidBenjaminBenjamin O'Fallon O'FallonBenjamin O'Fallon and WilliamWilliam Clark ClarkWilliam Clark to
said JohnJohn Sullivan SullivanJohn Sullivan as Executor & administrator of
said SamuelSamuel Meansfor the lastmentionedsum
of twenty five hundred & ten dollars according to
the tenor and effect of said last mentioneddeedâ
but on the contrarythere of said Defendants

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State of MissouriMissouri
County of Saint LouisCounty of Saint Louis

Personally appeared before me
the undersigned one of the Justices of the peace
in the County JohnO'Fallon
of lawful age, who being duly sworn according
to Law Says that he is agent for the above
named plaintiffs Benjamin O FallonBenjamin O'Fallon WilliamWilliam Clark
ClarkWilliam Clark ; that the above & foregoing mentioned
Defendants William Chambers & JamesJames Sawyer SawyerJames Sawyer
are justly in debted to said plaintiffs in the sum
at least of twenty five hundred & Ten Dollars & which
is the sum Debt, & sum mentioned & stated in the
foregoing declaration to recover& secure which the
foregoing statement & declaration is about to be filed according to law
and the said affidavitfurther saith, that he verily
believes that said Defendants William Chambers &
JamesJames Sawyer SawyerJames Sawyer nor each of them, are residents of, or
residing in this aforesaidstate â further this saith not

Sworn to before
me this thirteenth day of February 1821

Thomas M. Giare J. P.

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then & there wholly failed and made defaulted
in the performance of said last mentioned covenant
in the particular last above mentioned contrary to
the tenor and effect of said Deed & of the said covenant
ofthe said Defendants their for that purpose
in that behalf contained as aforesaid & in breach
and violation thereof - town at the County
aforesaid

And so the said plaintiffs say that
that said Defendants (although often requested
have not, nor hath either of them Kept their
said covenant, so by them in form aforesaid made
with them said plaintiffs, But have, and each
of them hath broken the same, trust to keep the
same with said plaintiffs have neither to wholly
refused other do refuse to the Damages of said
plaintiffs three Dollars & three
five they bringsuit

HempsteadHempstead Ps

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On the first day of Febry. Eighteen hundred and
twenty we promise and oblige ourselves to
take up our obligation given by BenjBenjamin . OO Fallon
FallonO Fallon and William ClarkWilliam Clark To John a SullivanSullivan as Executor & admit.d of SamuelSamuel Means for the
sum of twenty five hundred and ten Dollar
and to pay to him the said BenjBenjamin .nO'Fallon the
Sum of three hundred and Ninety Dollars
Current money for rec this twenty ninth Day of May 1816.witness our hands & seals
Attest PeterPeter Bowler

Wm Chambers
James Samyer

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Saint LouisSt Louis M. J. July2 1816rec in
next payment of the within obligation
Two hundred Dollars paid by William
Chambers for which adequate receipt
is now given to him

Benj A. O Fallon

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OO Fallon . FallonO Fallon
vs
Chambers &
Sawyer

Deed

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O'Fallon H
vsChambers H.

Interogatories to
Maj. WilliamWilliam Christy ChristyWilliam Christy
Garnishee

filed 18th april 1821

A GambleArchibald Gamble . Clerk

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In the Circuit CourtCircuit Court St Louis County
April Term 1821

Benjamin O FallonBenjamin O'Fallon & William ClarkWilliam Clark
vs William Chambers of
James SawyerJames Sawyer

Foreign attachment

Interrogatories by Plaintiffs attorney to
Maj. WilliamWilliam Christy ChristyWilliam Christy . Garnishee

1 Have you in your possession or can any land or tenaments
belonging to said ChambersChambers or SawyerSawyer or either if So state their
a situation quantity &value

2. To the track of Land or any part thereof on which
you non inside the property of William Chambers
if so please state its situation quantity & value
if it is not the exclusive property of said ChambersChambers
Please state the & the quantity of his title & interest
thereinâ

3. Have you not in your care the undividedtrack of Land
purchased by Said ChambersChambers of Louis Labeaumi? if not please
state all you know respecting

4 Have you in your Care possession or control any goods. Chattels affects monies or credits of said
ChambersChambers or SawyerSawyer if. So Please State thereinrespective
amounts value

5 Have you in your Care control or possession any
evidences of Claims monies or credits am Said
Defendants if so state from whom over other amount
and when pay

6 you are Said ChambersChambers and SawyerSawyer if so state How much
when and Payable?

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7 state all you know of the property
& personal of said Chambers & Sawyer

Signed HempsteadHempstead for Plffs

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O FallonO Fallon & Co. vs Chamber & Co.

Interrogatories to
Maj Wm ChristyWilliam Christy Garnishee

filed 18th April 1824

A Gambler Clerk

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In the Circuit CourtCircuit Court St. Louis County
April Term 1821

BenjaminBenjamin O'Fallon OBenjamin O'Fallon FallonBenjamin O'Fallon William ClarkWilliam Clark vsWilliam Chambers
JamesJames Sawyer SawyerJames Sawyer

Foreign attachments

Interogatories by plaintiffs attorney to
Maj William ChristyWilliam Christy Garnishee

1. Have you in your possession or care any
Lands or tenements belonging to said
ChambersChambers or SawyerSawyer or either ? if so state
their situation, quantity â and values

2. In the tract of land or any part thereof and on which you
now reside the property of William Chambers
if so please state its situation â quantity
& value â if it is not the exclusive property
of said ChambersChambers please state the nature &
quantity title& tract thereonâ

3. Have you not in your care the
Tract of land purchased by said ChambersChambers
of Louis Sabeame, if not please
state all you know respecting it

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4. Have you in your care, possesion, or
control any Goods, chattles, rights credits
effects monies or credits of said ChambersChambers
or SawyerSawyer â if so please state their
respective amounts, value,

5. Have you any debts in your care or control
or possesion any evidence of claims, monies
or credits due said Defendants â if so
state from whom due â their amount &
when payable

6. Doyouowe said ChambersChambers or SawyerSawyer
if so state how much â when due and
payable?

7 State all you know otherwiseof the
property real & personal of said Chambers & Sawyer

Hampstead for Plffs