John P. Cabanne, Pierre Chouteau, Barthole Benthold, Bernard Pratte, and Michael Smuel vs. Charles Hempstead, Theodore Hunt, and Manuel Lisa
View original image: Page  001
[missing figure]

To the Honorable the Chancellor of the State of mipouri

HumblyHumbly complaining show unto you Honor
you orator John PJohn P babauni,
Barthola, PierrePierre bhoutean juniorBeruard
PrattePratte & michael E. Immeela

That some time about the twelth day of July in the year one thousand eight hundred and seventeen your orator together
with manuel LisaLisa and The dore Aunt
intered into written
articles of capartneship for tho the purposes
of trading with tho inorder up the missouri river
and its Tributory streanes. It was amongest then
things stipulated and agreed between the
parties in and by the said written agreements
that tho said copartnership shared continus in
the space of five year next anouncing the date of the
agreement subject however to be a
sooner by the majority of the partnerners. That
the profits and lap if the business should be
divided and come in equal portinus by the partis; that in case if difficulties either in
the deliberations of the firm or in the transactions
of the company the same should be

View original image: Page  002
[missing figure]
settled amicably by a reference to friends and that
the said Imunell should be interested in and
one third part of TheodoreTheodore Aunti sixth part of
the concern thereby making the said `Hunt and ' Immelle together have an interest equal to
that if one of the other partness acc which
will more facty appear by a reference to the
said articles if coportnership a copy of which
is herewith exhibited marked me /- and prayed
to the taken as a part of this bill.

And your further State that
they together with the said Lian and
Theodore HuntTheodore Hunt in furnance of the said
articles of partnership purchased large quantities
of merchandise and other articles suited to
the indian trade and carried on the triumph of
said concern in trading with theindians up the river MissouriMissouri and its holiday streamed
until some time about the fifteenth day of april in the year one thousand eight hundred and ninetten. That some time about the day last aforesaid at a meeting of the
said company at which a majority of the partners
were present. That is John Pbahanni. BernardBernard
Prathe PierrePierre bhoutene manancel
and The o dore HuntHunt and to the proceedings of
which meeting the said Barthatomen Barthola
and michael E Immeela apented and agreed

View original image: Page  003
[missing figure]

it was agreed by the said parties. by a certain instrument
in writing under the land and seals of the
parties present. that the said company should
abandon to manuel his a one of the partner
thereaf the whole of his property then in the use
of the company in the upper MissouriMissouri of
block with shop and . horses. hoys
with the establishment of Forts sisa and and all other things received by the said
company from the said manuel lia it
was provided that the above artich should
not take effect until after the complete and
entire of the affairs of the company
in the appear missouri and until after the fun
tallow and all the things belonging to
the company should have bear samoved cahich
is a to he done with all comonteil speed and
without any delay. and if for wasnt
of sufficient mean of transportationany part
of the property should and effects of the company
might not be brought away the same should
he depositea safely and secerely on accoorent
of said comapny and subject to their or our
is some part of the above mentcoied forth. then
to remain free of charge until the same world
he brongth away. And it wad further agreed
that if the said manuel his should amine

View original image: Page  004
[missing figure]
at most lia hefore the affaeis af the company
should he enterely settled and closed. he should
not enter into trade with the indans opon his
own accurent nor inter into the
at use on management of any part of
the property of the company other of that
which the company might yet have to sell
nor of the proccor of sale therefore made
the company. and whatever fun
and other article remained on hand should
he stree the property of the company. and
the said manuel in and by the last aforaid
agreement agreed to pay the said then
partner in consideration of the aforesaid above
donment. lestain sum of money in that agrement
mentioned. all which together with there-
planatory stipulations more fully appear
from the said agreement. And the said
part is by another agreement agained by
a may majority of them entered into on
the sixteenth day of april refereaid in order
micre fully to explain the first artich of the
last mentined agreement it was further agreed
that the said manuel was to take and that the
said company cold and aband oned unto him
the establishments known by the name of most
his a and most valeans with all their dependencies

View original image: Page  005
[missing figure]

on the upper Missousi together in th the negro, blacksmith
shap, tools, homes mules and hago - and in like manner
ace the effects merchandine and stock in trade of sade
company that should remain unsold and undisposed
of on the upper missouri after the spring trade
should have been concluded in the manner
therein after mentioned - and it was further agreed
that the time to he allowed for the finishing of
the spring Trade by Barthalomen Berthold or any
of the agents of said company there on the
missouri should he the first day of June then
next that is that whatever contracts on Trade
to the arrival of him that should be
made and done should befor the benefit
of said company. are which cover fully
appear by the said two agreements her with
exhibitted marked no 2. and prayed to he
taken as a past of this bill.

And your braton state that the
true intent and meaning of the said two last
mentioned agreements were that the said company
should see to the said manuel the said trading
establishments and such property as the company
had originally received from manuel and HuntHunt
but that the goods and other articles hear
by the company forwarded for that springs trade
still remained the property of the company and
were to he sold for their benefit, or brought away.

View original image: Page  006
[missing figure]

and that the suplementat agreement explainings
the first article of the first agreement, was intended
to fix a time within in which the company should
cease Trading at the said establishments and not
to give to manuel the property of the company on
the contingency of its nut happening to he then
sold. Your oraton think this the fair construetion
of the whole of thesiad two agreements taken
together and expreply allege that if they
hear any other meaning it was a mistake
in drawing them up and nut the and on landing
at the parties.

And your oratons further state that shortly
after the execution of the siad text mentioned agreemets
the said TheodoreTheodore Hunt HuntTheodore Hunt sold to the
said John labanne one of the complainants are
his interest and claim in and to the property and
effects of said company for a valuable consideration
paid to him by siad .

And your braton further state that on
or about the thirteeth day of april in the
year cast aforeoaid and before the agents of
the company had any notice of the above
agreements a large quantity of the good and
merchandise belonging to the paid company
and forwarded for that springs trade were
from to michael immel at the Ree village to be traded with the morans
and

View original image: Page  007
[missing figure]

and in like manner a large quantity of the same
goods was by said immel about the fourteenth
of May of the same year with paul Poimean
at the month of the river park. and the
said immel with the aforesaid goods purchased
of the indians in the course of the ensuing summer
three hundred and twelve six
park containing five hundred and ninety one
pounds he and twenty nine pair of
garnished which he delivered to
manuel LisaLisa as appears by said ManuelManuel
. and the said PaulPaul Pominean bought
with the goods delivered to him as aforesaid about
one hundred and fifty summer heaven skins
forty two good heaven, forty good other skins and
twenty summer other skins ten parks
skins. Sixty skins & one hundred and
fifty skins. all which the said Pominean delivered to said manuel.

And your frators further state that
in the spring of the year one thousand eight hundred and twenty the said manuel brought down to St LouisSt Louis the and aforesaid. and your applied to him
an amount and delivery to them of their
part of said which said manuel
refused to render and deliver to them

View original image: Page  008
[missing figure]
alleging that the whole of said fun and
belonged to him as being the proceed of the
sales made of the company goods after the first day of June one thousand eight hundred and nineteen And before your fracton and the said manuel could settle the
having made his last will and in in our form
matter. The said manuel did will
at St LouisSt Louis - and therefore some time in
the summer of the year one thousand eight
hundred and twenty CharlesCharles s. Hemp
stead and many LisaLisa the executor and
named in the said last will and
upon themselves, The execution and
caused The said will to he July proved and
touk out letters thereon. and as such executor and execution themselves
of the aforesaid and and
of are the god nights credits and effects
of the said manuel.

And your fraton further state that
on an about the twenty fifth day of August
in the year last aforesaid by a certain
agreement under the hand and seals of
the said charles S. Hempstead executor as
aforesaid and your oraton
Berlhald. Premi ChoteauChoteau when P.
and Bamara Prati

View original image: Page  009
[missing figure]

that whereas difficulties existed between the
late Mur company of mcpr. cacami to
and the late manner Les a deceased
nelatini to a quantity of Murs and traded
for by m. michacle Lminece on the
missouri river as would appear by the
of the said Lia Therclo anneced
and also as to some received by m.
privance in order to adjust and Aelter the
same according to the Seventh article of
The article of spoination of said balance
dated july 12th 1877. tho said
therely submitted the paid malten in
to the final arbitration and award of
premie menard and HenryHenry to
decide the sarne according to the said
Seventh article. and in case the paid asbtration
could not agree they were to
cace in an unpire whose award
was to he final - as mine fully appear
by the said submission hered armeced
marked. no 3. and preyed to he taken
as a part of their wic.

And your fraton further state
that the paid premie menard and HenryHenry bonphul

View original image: Page  010
[missing figure]
having taken upon themselves the burther of paid
asbitramene and not Lecing able to agree on
in about the twenty fifth of argent our there
and eight hundred and twenty. chose
JamesJames blemem gr. as an unfire to decide the
parne and the said JamesJames blemem jr. having
taken upon himself the further chereque
on in about the day last aforesaid made
his decesicion and award in unting and therely
determined that the laclow received by michacl during his
agency for until his return to
just Lia helonged to the fenin of
Leo-and that his agency for that company
only ceased on his return to most Lia
which said award signed by the said
menard as wece as by th esaid
blemens in herewith exhibited marked
and prayed to he taken as a part of
this lie -

And your aratin further state that
the fun taceous so determined
to belong to the company. are the same
herein before stated to have been brought
down by and delivered
to said mannel in his life time and by

View original image: Page  011
[missing figure]

are to may at please your honor
to grant your orator the of
to came the said Charles J. Hempstead executor
and the said Many his a executedand the said hunt to appear before
your honor to answer the premis
And m

Barton Bates loli

View original image: Page  011
[missing figure]

No 8. Feb 9 Term 1822
No

John P.

B. Poath &


bhaler hempstead
man lia
Mheadon hunt

a
BocB.

filed July 14th 1822

View original image: Page  011
[missing figure]

My feestn there
& 5.20

View original image: Page  011
[missing figure]
View original image: Page  012
[missing figure]

him brought to louis - and your orator
here oc that she said excutur and excutor
of his a after the said award would Rane
delivered to your oraton their portions of the
said and tallow are paid them there
But know so may it please your
Honor The said CharlesCharles Hempstead HempsteadCharles Hempstead lead and
many have refused to price the
same with your oraton or sender them
any amount thereof. but on the coutrary
thereof have sold the same and received
the price Thereof to the sale use of said
estate. and refuse to account with
on oratin therefor. all which reley
and doing are against equity and good
to the end therefore that the
and may and execulor
and the o dore HuntHunt may free
and perfect answer make to and
the premuses aferes acil, and particularly that
the said HuntHunt many also he his
not his inter to said behaine as
aforermer ; and that the said parei executive
excuter may set forth how much they
have received on the sales of the aforesaid and
and that your orater may have
such relief in the premises as in equity may are

View original image: Page  013
[missing figure]

State ofMissouri MissouriMissouri In the Court (Superior)
Judicial District
March Term 1822

The joint and several of may Executrex and
March S. executive of the last mill and testment of
Manurm lisa deceased of the dependants to the Bill of
complaint of John p Buchold
Pune ChouteauChouteau Jimen. BernardBernard Halte and Michail ImmellImmell

Dependents norr and at all times June after saving and referring
to themselves sincerely and respectively all and all manner of benefit and
advantage of exception, that can, or may be had to the many errors and
uncertainties insufficiences and otherimperfections in the said complaints
said Bill of conplaint contained, for , or unto so much
there of as there Dependents are adviced in mannual and necessary
for them to make , and and say

What they have been informed that a partnership was formed
between said complainants and said and Manurl LisaLisa
deceased, at the time, and in the stated in said Bill of complaint
and that the exhibeted ranked no. 1 of said complaints as part
of then Bill is a copy of said articles of -

That said partners purchesed goods- handed the same
until the time stated in said Bill, and that at that period
a majority of said partners did sell and abandoned to said Manurl
LisaLisa deceased the property maintain in said artecles of
and in the , on the terms, and for the consideration stated in
said artecles all which may more fully appear by reference to said
two articles of agreement mentioned as exhibed No 2 in said complainants
Bill of complaint -

These said Dependents among, say, that they are
ignorant of any meaning intent of said to articles of agreement

View original image: Page  014
[missing figure]
make of exhibet No 2. then as mentioned, and sit
forth in said articles - to which these dependents again refer for
the true meaning, and intent of said contracting pointes - that whether
ther is any mistake in arranging the said artlecles this dependents cannnot
of then knowledge say - but they must that if any
mistake occured, that said complainants shall fully and satisfactorly
prove the same according to the street rules of evidence in such cases-
these dependents whom themselves that said complainants pretented
in various conversations between said HempsteadHempstead and own
of said complainants relatives to the articles of agreement above refused
to, that there was a mistake in arranging up said articles, it
the construction of the effect of the said explanatory article that a
difference of opinion existed- this said dependents
that constraction of said articles only said complainants in there
said Bill of complainants- and shall on the trial of
that said articles be constructed by the known and fixed rules in
and equity, upon the whole tenor of said articles and
according to the meaning and intent of said contracting parties as
therein-

There Dependents function, say, that they have
bring informed and beleave it true, that said Micharl
after that first day of June 1819 treated at the fred villago
a quantity of merchandize recived by him from the original company
of Cabame & Co, and that in the month of November following
he delivered the processof the same to said memurl LisaLisa deceased
bring the same mentioned in said receiptmarked do exhibit No
3. attached to said complainants Bill- these Dependents further
state that they have no knowledge of the go
said peirre , but missing that the complainants from then
said allgation in that behalf- and if it shall have after

View original image: Page  015
[missing figure]

appear that said preview, or any open agenda of said
original company of CabanneCabanne then good &
after the said first day of June 1819 these dependantsnill elam
the value of any such sales where the same can be ascertained

These said Dependants further day, they do not know whether
said brought the said fun of veined from elliehall
immrel to a not nor whether said complainants
applied to sum for the same; they have been reformed it
line that the equipment of goods sent by said alliecharl immalls
to one of the long established and well knows dependencies on
the establishments of said company of CabanneCabanne of on the ellipoemi
view, at a place called the village which was the usual
trading place of the agents of said cabanne of, for the prees r
of indians that said immeld arrived at that village much
his said agreement after the first day of June 1819 and
traded the same to the indians by himself, a clerk after that time -- and that
the proceeds mentioned in said also & the articles received
in trade for said equipment; that after said immrlo aforesaid,
he sined as a clark to said expedition, the trade arrony said goods,
one e thtoini eitelrace del sansevan, to nehom he was to pay $ 400
upon his services; that the trade much the said press indiner
of the said equipment mentioned as agree and articles not finished metel
the fall of 1819. where saidMichaelMichael immeld ser descended the
MissouriMissouri with said cargo of fun loctun mentioned in said
accept exhibit also & --, and armed much the Jame at council
and the MissouriMissouri -- there said llanueb claimed the same
by virtue of said articles of purchase ( alo 2), who
to give thumbs up, because he said immell nor not paid for his
in the said expedition to said Press village-- and because
said citrcrau nor not paid, thereupon said immeld and said
ellanced agrred to upon the nehole matter in depute so

View original image: Page  016
[missing figure]
the anbitement and final ananod of captions ellathen i allage
and chanles penttonedof the States Armey and slay Benjamain Hallen
who after hearring the proofs and allegation of the said
and MichalMichael & Immill anoncled and de erred that in peserll and
of the of sale dated april 15th 1819 teno said eabami
so said alloneed said - (being the same exhibit also 2) the said
fens speetner mentioned in said veupt (exhibit 3,)
so said ManuelManuel , as been fracled after the said 1. day of June 1819 -- much also said ManuelManuel ehorlob pray to said Asertone Citelean the subm of &400 the promised to him by
siad alleehael i innell -- (which said $400 upon said Dependents
here been imposed of beleine it there accordingly paid and further
said arbetretors amonded that said manuel sela should pery to said
immell fer his sences in that expedition at the rate of $1000 pression
which was done as the said defendants are informed of belceve it tree
-- beat for what time, a hon much was then paid, the said dependents
not knowing, edm of say -- the said defendants further say
that they have been informed that the above nor in
treating, and depeteates furnished the vepecton preteer, that furnished
said ellechael, said dependents commot find, when deseormed
they pray may from of this then answer--in the
mean time belonging from nifomatein that she said complements home
in then popepen the duplicate amond furnished said the said
Dependants approche some being to the
inspection of this honorable courtâ

The said Dependents further day, that then from
informed and brlcive it , that it the time of the
of siad on at the Prees village after said. sonet after the
said first day of June 1819 the said immell nor shall a
of said company of of and so until the ambtrement a

View original image: Page  017
[missing figure]

and as one of athe problem after and had a , full ponn and
much only to upon the same math as repair aid-

The said Defin clouds fenchon amusing Sarp, that it is true
that said allan she did at St LouisSt Louis in the month of august 1820
made his last nill md appointed the said defence only
executons thus of as in Billof complaild - also for the
the said says that they have taken themselves the
only of said appointment and have apopch themselves
of all the properly and mixed of row Victor, which
they coulod final - tret an said goods they did not find
said Sins palbour so as changed in said Bill of complaint-

He said Dependent am
that at the time mentioned in said Bill of complaning about
25th . day of August 1820 the said Michale Smmells ,
Sum of Louis - and also who was at che arbehaleon
afenced at Council Bluffs, being in P Louis, the said Complain with
preped the said to agree to haved said matter arbitrate
in much as said more then present
would some St LouisSt Louis for the appex ellipoeni, the said
to have said despate settled (be said complaments shall
claiming said options) method having execution
of the execution who was then lying
sick did consent to the copy often of is annexed to saw Bill of complained
submit also &, he because he said Hemprirued are you concerned himself
by the Bill of said to do so;

The said that said HenryHenry lb/> and sum took the appointment
the proofs and allegations & each side, that they
and called in and that said
made a copy saud Bill of Complaint
at 4

View original image: Page  018
[missing figure]
but he said Defendent Charles SCharles S Hempstead hampstead denis, that
the whole matter of the evidence subscribed by said pictures to said
and submitted to said on the
contrary she said Hampstead change the fact to be that said
elements did not sum the evidence of said of picture
He said Dependent HempsteadHempstead further states, that he was not
of the difference of opinion between said
nor that they had called in said ColemanColeman until after his (said
elemen's) decision â that he was informed of that decision and at
the same time informed that the evidence appeared had not not been heard by him
for which reasons he said HempsteadHempstead did not believe said an
legal and was delimined to said elemens to the said elemens taken
informed him, that all that free submitted to him was the
articles of agreement of April 1819between said Cabame M. Haid
for the go of the stock go up the MissouriMissouri river
the for the sum
and the receipt of said allowed in question
that he had not heard the statement not the
plicher - that her opinion judgement was formed
from the face of the paper submitted :he further said, department that
after he had made his arrounds-- he had a connection and the
subject with W. I. who had not free befire aoorused
of, and which if he had sombody before his decision neglect
have been different from what is was - or words to that amount-
as it was he concerned he had decided the only may be he could decide as he had alone
judged from the proper, submitted and from the should can ju;dge so-
that he had nothing to do much off . and
therefore the month from his - the said Dependent
further - that the first time some he saw one of the complimants
p[ became which was they after they also afater the above
conversation with James Clemons the Dependents informed

View original image: Page  019
[missing figure]

him, that Mr. harriy been called in as Umpire by
shal fellmmd had made on armed much out hearing the whole of the
facts and evidence, what under those circumstances, could count
to it, and denid that is the pehepes mne then premt he should lose
no time is smny the month aojurted by all clamens if he could do
hem the whole order t v investeyate the sabyeeh a by my olhn
honest and and eompatent man to be maduedly o holm - Mr. Cabame
for himself t smidentood fn his poeale instontly eompleisd mech
the propoicteon, dejelaiming any mlenlia of enjoying any asrando not
property obtained - mad that if was night t first that Mr. Clombns
ought should hem the shose evidence the saw Depndent father states
that he immidiatly mmt to said demon and infomed him of the commata much Mr. Cabome

and earnestly requested said blemm to hen the whole evidence
to investigate the matter, and vense his around - he would
not do so, allegy that he did not wish to have any further
trouble with it the said Dependent further states, that he
infomed the said complaiments, B. pathe - p. bubame &
P. bhouteam ts of this determination of Mr. Clemom, and also of his
said Dependant hath wer since properped his nellingnep tis dtell siclnig
to have the whole matter arbitrated whom the evidence of said
hmmelb t peleher - could be obtained - the said Dependent further
states that said afenaud, and said remained in St. LouisSt Louis some after
did not nor would agree that any other shane saux blemm should
act as ampri -

The said dependant MaryMary Suci executive asforesaid and, sanp
that she knows nothing of the matter above in repect to said
arbitration only as she has since been informed by said Hampstead
that if said Hemplend had thought proper to hare eatipud and
aeccded to said arround she should home joined in that raticicaten

View original image: Page  020
[missing figure]
that he him aoh Hhnefue she han you done aimp thing in reepcet
there to -

The said Defendants fanithn anemms day that for the
umens above stated, they do not conceive the above amand
legal, non just - and shall therfore insist in she Honorable
Court that said amard and ought not to be informed against
them as exceed on in afnuad

The said Defendants suneth amrnning - say that at
the date of the last mentioned tebmipion as aforesaid - neither
of said Defendants the qualified to act in execution for one time, and
owing to the illness of the she entrox for some time and the
change of the probate poing. mne sathe s granted to the said
Defendants into about as 6th of febuary 1821

Without that sc

S Hempstrad himself & sal
sarellyelmary leise

View original image: Page  020
[missing figure]

State of MissouriMissouri
County of St LouisCounty of St Louis

Persanalhg appeanced before me the undroesaid
are of the justices of the Prace in made for the county aforesaid
Marry Sisa of Cs. Hempstrad the above defendants who being severally
mom, any that she faots mated is the above ammen, as of ofchin
sn oxledyo, those are true - those from this imformation of other
thay believe true - sworn to before
in this 14th day of aug 1822
I.P,

M. S. Hemprstrad
MaryMary Sisa

View original image: Page  021
[missing figure]

Cabanne
vs
Petitioner

Filed a June 23rd 1824

A GambleArchibald Gamble Clk

View original image: Page  022
[missing figure]
John PJohn P
vs
Sisa's execution

In

And the said complainants saving to
themselves are exception to the said answer of the
defendants say the there said he and the matter
and things therein alleged one true certain and
sufficient and this they will prove in such manner
as shall be directed without this that the
matter allyed in the answer of the defendants
are true certain and sufficient as therein alleged all which they are ready to certify.

Barton H Batrs
for

View original image: Page  023
[missing figure]

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

To any Judge or Justice of the peace of the State of MissouriMissouri
Greeting.

We reposing special trust and confidence in your integrity and circumspection do require and command
you that you cause to come before you such person or persons as shall be named to you by ManuelManuel
Lisas attorney or agent and her or them examine upon his her or their corporal
oath (to be by you administered) touching their knowledge of any thing that may relate to a certain
matter of controversy. Now pending in our Circuit CourtCircuit Court , for the county of St. LouisSt Louis, wherein JeanJean P Cabanne
PJean P Cabanne .CabanneJean P Cabanne and other are plaintiff and Manuo Lisa's are defendant
on the part of the said Defendant- and having reduced the said depositions so taken by you as aforesaid into writing you are required to send the same together with this commission enclosed
under your seal to our said circuit court, with all convenient speed.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the town of St. LouisSt Louis, thei Tenth day of December in the year of our Lord, one thousand eight hundred and twenty three

Archibald GambleArchibald Gamble Clerk

View original image: Page  023
[missing figure]

S LouisS LouisCircuit CourtCircuit Court
In Vacaton
December 10th, 1823

Jean P.CabannePierre
Brothertomen Berthord, Bernard PratteBernard Pratte
and Micheal Immel
vs.
Chales s. HempsteadHempstead Executor and
mary LisaLisa Executing of Mannel LisaLisa died
and TheodoreTheodore Hunt HuntTheodore Hunt - .

On motion of the attorney for the Defendants
it is ruled that a issue to any Judge or Justice
of the peace of the state of MissouriMissouri to take
the Deposition of witnesses to be read on the
trial of the above cause on the part of the
Defendants.

Archibald GambleArchibald Gamble Clerk

A True copy of the rule
tested A true copy the rule

Archibald GambleArchibald Gamble Clerk

View original image: Page  024
[missing figure]

Served a Copy of the within notice & Rule on Berthohmuse
Berthold Decr 20th 1823. none of the other Plffs found in
my County

Service $0.50

Fr Simonds Jr. Dsff

View original image: Page  024
[missing figure]

Cabaune Lothers
vs. M. Sisa's Exe.

Dif

View original image: Page  024
[missing figure]

To above named plaintiff - and then

Take notice that on the unlimit
instant between the house of six of the clock in the
morning, abd six of the clock in the evening of that day
at the office of Joseph V.James in the city of
St. LouisSt Louis by virtue of the above rule and for
that purpose obtained, one shall take the deposition of
witnesses before some competent authority to be read in evidence
in our behalf on the trial of said suit=

S. LouisS LouisFeb 6. 1824


Mary LisaMary Lisa &
. S Hempstead
M. Lisa

View original image: Page  025
[missing figure]

Depositions of witnessesproduced sworn and examined in
wedneday the tenth day of December in the year of our Lord one thousand eight hundred and twenty three. between the hours
of nine of the clock in the forenoon and ix of the clock
in the afternoon of that day at the Office of Thompson Douglass
in the city of St. LouisSt Louis and County of St. LouisCounty of St Louis in the state of
missouri before me Thompson Douglass a Justice of the
Peace within and for the county aforesaid by virtue of
a directed to any Judge or Justice of the Peace
for the state of MissouriMissouri. for the examination of
in a certain caue name depending in the Circuit CourtCircuit Court
for the county of St. LouisSt Louis in the state of MissouriMissouri between
Jean PJean P Cabanne CabanneJean P Cabanne & plaintiffs and Lisas executors
and I HuntHunt Defendants an the part of said Defendants.

JoshuaJoshua of lawfull age being produceed sworn
and examined and the pad of the Defendants
and saith that same time in the spring of eighteen
hundred and nineteen Moment LisaLisa are of the firm
of I P Cabanne all the stack in trade
of the said company an the upper missouri, that this
purchase and sale was to take effect an the first day of
same of the same year our which said first day of time
all the stack in trade of whatever discription soever at
the several trading establishments and dependencies
includings said establishments, were to be by said
Company turned over to the said LisaLisa as will wore
particularly appear by a reference to the Bill of sale
which bus beenmadean exhibit as deponent is informed
in this caue that in the month of July of the same year
a company was former in St. LouisSt Louis of which Manuel LisaManuel Lisa
was one and principal which was called the MissouriMissouri

View original image: Page  026
[missing figure]

For Company this company purchased from LisaLisa
individually every thing which be LisaLisa bad previously
purchased from CabanneCabanne In the fall of that year
to 1819 be deponent for the first time visited the
upper MissouriMissouri that an his arrival at Fort Lisa
be. Deponent, was informed by LisaLisa that he LisaLisa
expected or anticipated same differently with a
relative to same and which were
at the , for which he LisaLisa , bad sent ,
on inquiry into the nature of the business. Deponent found
that had been sent as the agent of CabanneCabanne
to the Riccora Village in the spring. some time previous
to the sale from CabanneCabanne & Co. to LisaLisa being
known and the upper misouri with instructions, a Deponent
understood to dipoed of a quantity of good which they
CabanneCabanne ball at the Riceara' that la Immuell had disposed
of the goods to a man by he name of who
remained at the Riccara Village with them for the purpose
of trading them with the indians, the sale having been
made by to subsequent to the saidfirst day of June Lia Claimed the proceeds of these goods under
his purchased from cabanne same difficulties had taken
place between and CabanneCabanne as deponent undertood
had said that CabanneCabanne were asking him that
those goods had been disposed of by him as their agent
and that it was his determination when he could get
the proceeds into his hands, to keep them, with a view
of securing himself. LisaLisa in order to try the or
get the proceeds of these goods into his own hands requested
the Commanding Officer at the camp above the Counsel bluffs

View original image: Page  027
[missing figure]

to stop the Boat as the missouri, that
came down same time in the month of November following
and was stop at the camp that LisaLisa was sent for
that he Deponent accompanied LisaLisa to the Cantonment
some conversation took placed between LisaLisa and
when it was proposed to refer the difficulty to disinterested
persons and the parties entered into penal bonds binding
themselves to abide by the decision of those persons they
decided in favour of LisaLisa , to whom the and
were delivered, He, LisaLisa , being by said decision to
pay the sum of five hundred dollars, which the
said had promised said an the receipt
of said and from him and which said
sum of five hundred dollars has been paid by said LisaLisa
to said He citolaux having given up the said and
that in the summer of eighteen hundred & twenty
be Deponent and thomashempstead as agents of the
MissouriMissouri Fur Company FurMissouri Fur Company company were upon by
some of the all partners of . who Claimed
those and Pettries or the valued thereof they were
by deponent to the executor of LisaLisa who had
died a short time previous to the said application
Deponent understood that CabanneCabanne had proposed to
refer the matter to arbitration and advised CharlesCharles Hempstead
HempsteadCharles Hempstead Executor of LisaLisa to do so It was so agreed
upon we of St. LouisSt Louis was chosen an the pant
of HempsteadHempstead Executor of LisaLisa and kaskaskia
the part of CabanneCabanne . To whom the case was refered
and Deponent were both called upon by the

View original image: Page  028
[missing figure]

parties for a statement to be made before those Gentlemen
selected as asbitrators Deponent afterwards understood
that they could not agree and called in JamesJames
as ampires and that he decided in favour of
CabanneCabanne & Co. - Deponent never was called upon by the
asbitrators after was called in nor by
himself an the day after the award was made
he Deponent called and asked him if
he thought be had fully understood the case before
he decided to which replied that he thought
he had Deponent there for the first time event into
same explanations of the matter to where
replied as well as deponent cannow recollect that be
would probably consider the matter again
said an the day following this explanation Deponent
either understood from we himself or from
some other person who had conversed with Clemens
on the subject that if the case had been as wall understood
by him Clemens at the time be made his decision as it
was after Deponents explanations, he, thought
be should have decided differently but whether it come from some
told Deponent so himself or whether it came from some
other person who said he heard say so Deponent
cannot at this time positively say

examined by complainants. question are you our of the furthers of the MissouriMissouri
far company.

answer I am

View original image: Page  029
[missing figure]

ques. Was the decision of the arbitrators and umpire made
before your above mentioned application to

ans. It was-

ques. How have the proceeds of the and in
dispute been applied and in whose hands.

answer. They were turned over by LisaLisa after the decision
of the arbitrators on the upper to the
missouri for Company having been sold by him
to that company.-

Re-examined by Defendants.

ques. May the Missouri Fur CompanyMissouri Fur Company at the time of either
of the arbitrations, interested directly or indirectly
in the event of the awards. or is said company
now interested in the event of this suit.

ans. No. because the Missouri Fur CompanyMissouri Fur Company are still owing
the estate of LisaLisa for those Furs and Pettries
and are bound to pay the estate of LisaLisa for the
same let this suit eventuate as it may

ques. Was MichaelMichael at the time of the sale of
said goods at the and at the time of the
said several arbitrations a number of the said
firm of CabanneCabanne & Co.

ans. I do not know of my own knowledge. but understood
both from himself and LisaLisa that he had
a small insterest in that company

ques. Is said now dead or living and where
did be die-

ans. He was killed by the Blackfoot indians are
the yellow stone river some time in the month of May last

View original image: Page  030
[missing figure]

question. was was said were yourself both examined
before the arbitrations and bypierre
Choutan Laws and BernardBernard Prathe two parties of the
firm of CabanneCabanne & Co. and who represented said
Furs Pettries.

ans. and myself were both examined in
the mentioned and the question. and the statements I
there made in relation to the transactions are the
upper missouri were so far as I can recallect
much the same as I have made to day.-

Sworn to subscribed
before on the day and
and between the hours first
above written


Justice of the Peace

Joshan

View original image: Page  031
[missing figure]

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

To any Judge or Justice of the peace of the state of MissouriMissouri
Greeting.

We reposing special trust and confidence in your integrity and circumspection do require and command
you that you cause to come before you such person or persons as shall be named to you by ManuelManuel
Lisa's Executors attorney or agent and him her or them examine upon his her or their corporal
oath (to be by you administered) touching their knowledge of any thing that may relate to a certain
matter of controversy. Now pending in our Circuit CourtCircuit Court , for the county of St. LouisSt Louis, wherein
is plaintiff and Lisa'sexecutor anis defendant
on the part of the said Defendant, and having reduced the said depositions so taken
by you as aforesaid into writing you are required to send to same together with this commission enclosed
under your seal to our said circuit court, with all convenient speed.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the town of St. LouisSt Louis, this 2nd day of December in the year of our Lord, one thousand eight hundred and twenty three

Archibald GambleArchibald Gamble Clerk

View original image: Page  031
[missing figure]
P Choutian Jr.
,
and michal
vs
S Hempstead Executor &
MaryMary lisa of
Lisa & Theodore
In
in the Clerks Office
Dec. 2nd 1828 In

On motion of the
attorney for the said defendants it is ruled that a
few to any or justice of the
peace in the state of MissouriMissouri to take the
depositions of to be read on the trial of
the above cause on the part of the said
defendants,

Archibald GambleArchibald Gamble Clerk

copy of the

A. GambleArchibald Gamble

View original image: Page  032
[missing figure]

To the above named Plaintiffs

Take notice that in of
the above , Wednesday next
hour of nine of the clock in the morning of six in the evening
at the office of ThompsonThompson in the City of St. LouisCity of St Louis
I shall take the deposition of Joshna before some
authority to be read in behalf
of the defendants.

Dec 7. 1823


of

View original image: Page  032
[missing figure]

126

CabanneCabanne
vs
Lisa's Execution &
:
The Execution of this
appears by he
schedule hereuntoannexed
given at St. LouisSt Louis this

10th of December 1823

J. P.

Fees - $ 2.50

View original image: Page  032
[missing figure]

Served a Copy of the within rule & notice on
Bertholol Decm. 6th 1823 in the City ofCity of St Louis
St. LouisCity of St Louis, - none of the other Plffs found in my
County

Jn. A. D. Shff

Service $ 0.50
View original image: Page  033
[missing figure]

BernardBernard
Take notice that the between the
hours of light of the clock in the morning six of the
clock in the evening of that day, at the office of
douglas in the City of St LouisCity of St Louis
take the acpositions of missouri to be taken before me proper
an thereby to be read in behalf the defendants in a certain
sent in non pending in the St Louis Circuit CourtCircuit Court
whereyou are plaintiff of manuel
TheodoreTheodore Hunt HuntTheodore Hunt defendants

(signed) of
for self other
Defendants

St LouisSt LouisJan 15 1821

View original image: Page  034
[missing figure]

Served this
notice by
copy
to

15th Janury 1824
in the city of
St LouisSt Louis


$50/100

View original image: Page  034
[missing figure]

Copy Notice


View original image: Page  035
[missing figure]

Deposition taken at the office of JosephJoseph in the city
of St.LouisSt Louis on monday the ninth day of Febuary in the your
and one thousand eight hundred and twenty four, between
the hour of six in the forenoon and six in the afternoon of the
sameday and continued from day to any to the fourtenth
of the same same between the hours aforesaid the same
taken by virtue of value notice and to be readin
evidence on the of a certain suit pendingwith in the
circuit court of the county of St.LouisSt Louis thing as a court ofchances
and in which JeanCabanne and others are complaints and
charles HempsteadHempstead and
but are or
the part of the respondents

JamesJames being duly soon
That or the twenty fifth day of august in the year eighteen hundred and twenty at the request of
by the parties aforesaid
he acted as umpire on an award to be renewed by the said
That the matter subscribed to then for arbitrators were
as follows whether the followandreceived
in Mr.MichaelMichael (who was sent out from
) after
the first day of June 1819 to be considered as beloing
to CabanneCabanne or to the late the original of that
in the bill of and as he belives some other
there with but the contents of which he does not
recollect as also certain more to him by PierrePierre
one of the arbitrators were the only evidence to
him on which to form is award the deponent further
saith that word evidence was advanced neither were the
parties aforesaid or any one as their agents heard before
the said arbitrators he further that he does not

View original image: Page  036
[missing figure]

that any of the parties were made acquanted with his
appointment by the arbitrators as their

The deponent further saith that after the making of the awardabove
to some person to him on the
subject and required of him whether certain evidence which
was to had been furnished him answered it
had not observed to the person whom he being was
HempsteadHempstead that he could not tell what infulence
it might have had on his decision but that from the
evidence on which his opinion was formed the same opinion
or award would also and have been given- That
some that time after he was applied to by one of the parties
side, to but again which he refused to
and stated as a reason that other evidence might be added
which might infulence him to give a different award
account he decline so to do notwilling to have
it and that he had of mentioned
different award in the same
the additional evidence which might be added would justify
a different award from the me given

JamesJames

Sworn to
on the
had let the hoursfirst
above mentioned before we

View original image: Page  037
[missing figure]

P her

Deposition

filed June 23rd 1824

A GambleArchibald Gamble Clk

Circuit and
Opened June 23rd-1824

A GambleArchibald Gamble Clk St. LouisSt Louis

View original image: Page  038
[missing figure]
View original image: Page  039
[missing figure]

In the year One thousand eight hundred
and eight, on the Thirteenth day of January - were
present EdwardEdward hempstead Nature of New LondonLondon
In the State of Connecticut, second son of Stephan
HempsteadHempstead , and MaryMary LewisLewis his wife. stipulates
for himself & in his name of the one part; and
Dame Susanne widow of Louis
stipulates for Clarice
her daughter here present, andwith her
Consent stipulates likewise for herself, and in her name
of the other part: which said parties in presence
of, and with the consent of their relations ââ,
and friends herein named, on the part of the said
Hempstead, . Alexander -
Thomas Riddick and WilliamWilliam C Carro, and on
the part of the said clarice
StSt Vrain . VrainSt Vrain , and Louis
hare voluntarily acknowledged and confessed
to here made and agreed con themselves.
The treaty contract and convention of Marriage
which follows, to writ -

âThat the said Susanne Saintone
. of dubriel has promised, and
promises to give the said Clarice
Dubriel of her own consent- in marriage to he said
hempstead who promises to take her, for his
Lawful wife- & to celebrate the marriage in the

View original image: Page  040
[missing figure]

face of thechurch so soons as it may be practically
and when with of the parties requests it of the ochor:

"The future HusbandHusband and Wife shall be in
partnership, or society (communicate) of the properly real and personal -
acquired (âacquetâ)and to be acquired (â)
which partnership shall be regulated according
to the laws. .

"The said future HusbandHusband and Wife shall not
in any manner be held liable for the debts of the one
of the ochor, made and contractor before the
celebration of the said marriage: They shall be
acquitted and paid by him or her who had
Contracters it. upon then proper estate, michael
the other party - or then estate being in any manner
liable.

âThe portion which the said future Wife brings
into marriage, is the same of six hundred and eighty three dollars
coming from the estate of Louis
her father, which said sums is here internally
counted to the said EdwardEdward Hempstead HempsteadEdward Hempstead , who
acknowledges to have recored the same - and for
which he gives full and entire acquillance to the
said Dame Susanne widow of Louis
-

"The said future HusbandHusband has and (domaine)
the said future wife of the sum after hundred Dollars

View original image: Page  041
[missing figure]

to have, and to take the said "Douaine"
so soon as she may meet, and to have the
preference upon all the estate of the said future husband;
which said , or shall never help
properly belong to the children which may be born
of he said marriage; and it shall be permitted
to the said future wife, and to the children which may
be born of the said marriage by renouncing all right to the
said Patnership to retake all which, she may
bring into the said marriage, and which shall or
may be coming to them, or face to them as well
personal as real estate by inheritence suspicion
donation, or gift- legacy, or othewise:
In like manner the said future wife may retake her
such as above mentioned, and the Dower
as herein after mentioned according to law
et que de " free, acquitted
and clear of all debts of said Partnership

"The said future HusbandHusband by reason of the tender
friendship which he bears towards the said his future wife
and in lien, and place of "" , .. transports and abandons
to the said future wife. The of all his
estate which may be found at the time of his death,
that is to say- the of the property
read during her life- and the third of the
personal property forever; and in the case- or the

View original image: Page  042
[missing figure]
at the chock at the court death of the said future HusbandHusband
and ther shall not be any child born, or to be born
of said marriage, he gives- releases, transports, and
abandons to the said wife, his future wife, the
use and enjoyment ââ of the or half
of all his real property for and during her Life-
and he gives, and abondans forever, and in full
property to the said future wife the or half
of all the personal property which shall be found
at the time of his death...

And for as much as it has been
and agreed upon between, and for the execution of
these presents they have chosen then residence in
the Town of S Luios of IllinoisIllinois, which place
promising- Obligations - reoving -
each one for themselves, and in their own hames, make
and exicute at S LouisS Louis. the the day and year above is
have also signed -

Thomas F
Amonair
L
Charrel
Femon .
Veune

The above translation was made by me, and
belive the same to be et..

A

View original image: Page  043
[missing figure]


marriage Contract
E Hrmprleado &

View original image: Page  044
[missing figure]
View original image: Page  045
[missing figure]

A List of the Real Estate of the Late EdwardEdward Hempstead HempsteadEdward Hempstead
at the time of his Month August 10 1817

In St CharlesSt Charles County. Confirmed of Indisputable

No 288 Town of St. CharlesSt Charles John Cook Original Claimant
-2- 1411 undirected part than on Jos Bauchmin a. a.
-3- 100 ,, ,, 4111 ,, on DennyDenny a. a.
-4- 40 Common St. Charles Charles Jos. Robedoux a. a.
-5- 811 ,, ,, ,, Louis Barada a. a.
-6- 40 ,, ,, ,, a. a.
7- ,, ,, ,, Bochamp a. a.
-8- 411 ,, ,, ,, JosephJoseph Girard a. a.
-9- 80 ,, ,, ,, a. a.
10- 120 part 2 a. a. a. a.
-11- 107 a. 430 a. a. a. a.
12 800 Maters of mississipi Joseph BrazeauJoseph Brazeau a. a.
13 800 ,, ,, Purse a. a.
14 800 ,, ,, a. PaulPaul Bremean a. a.
15 800 ,, ,, a. CharlesCharles Biponetti a. a.
16 400 ,, ,, a. undesided Jos Biponette a. a.
17- 1400 ,, ,, a. Jos Marie a. a.
18- 2000 ,, ,, A undesided part Landerville a. a.
19 800 Bay Are Roy James Puchran a. a.
9.325
-20- St CharlesSt Charles 120 ly 150 fat. J. B a. a.
-21- ,, ,, ,, ,, 120 by 150 Jas Cooper a. a.
Confirmed Claims oterwise Circumstances
22 1947 Ramsay's Crude Mrs. a. a.
This is in undecided
23 1044 Near St CharlesSt Charles JacquesJacques Dr Egles a. a.
3013 good but disputed

View original image: Page  046
[missing figure]

No. 2

Unconfirmed Claims on old St CharlesSt Charles County of
the Indian Boundary

no 24-
Arpens
800 Marters of Cuivro Origl Claimant
-25- 800 ,, ,, ,, Baptist Marion ,, ,,
-26- 800 Mouth Bay an RoyRoy Peose Lord ,, ,,
-27- 400 Near Saint Charles John ,, ,,
-28- 750 ,, ,, ,, JamesJames ,, ,,
29 4 000 Mines mississipi Tuleen Dubuques ,, ,,
30 4 347 ,, ,, ,, undl. part ,, a. ,, ,,
31 2332 misissippi opposite Mrs Caichol ,, ,,
44. 249 1/2

Real Estate in St Louis County indisperable

no 32.
arp
471 MississippiMississippi John GrahamJohn Graham Original Claimant
-33- 85 MissouriMissouri Baptist ,, ,,
-34- 120 Near St LouisSt Louis ,, ,,
-35- 100 Same Jos. Horbez ,, ,,
-36- 160 misissippi Ant. Morin ,, ,,
-37- 80 Near St LouisSt Louis Tavarre ,, ,,
-38- 40 Aleixis ,, ,,
-39- 411 Same Jos Hortey ,, ,,
-40- 40 Grand Near St LouisSt Louis Ant Morin ,, ,,
41+ 3411 misissippi Ant Roy ,, ,,
the use of this is diversed to parents of
-42- 320 misissippi Jos Hortez ,, ,,
1.836 Main Street St LouisSt Louis 41 feet front by 1511
no 43 withHouse St Theron now occupied by
2 on Church street Each 1211 front by 150
no. 44 House H Theron
no 45 Main near St LouisSt Louis

View original image: Page  047
[missing figure]

No 3
Unconfermed Land in & Louis County

No. 44 300 MissouriMissouri And Marercatt St A Ange
-47- 400 Same Gen.
700

Confermed Land Claims in St Genereive County

48- 22g arpens Mississippi Alexander Murdock original Claiment

Unconfermed Titles in Same County

49- 375 arpens MississippiMississippi underced pars JamesJames Gormon Oroge Claiment
411 ,, ,, Same Pay sum
-57- 311 ,, John MJohn M . ArthurArthur
4011

In Washington CountyWashington County

No 52 Sets No 54. 18 & 104 in Posori
No 53 Unconfermed in ArkansasArkansas
20.000 arps. & ArkansasArkansas Reser ElishaElisha Members Arg. Claiment

In the State of IllinoisIllinois
State good

- 64 undividedpart County
4 Sets in Harrisonnille
56 500 arpens St Clais Co Gregorri SarpySarpy original Claimant

View original image: Page  048
[missing figure]

No
A Lest of Real Estate of
Corro Hempstead

A true Copy
Lest WilliamWilliam Armpshans

Exhibit C. No 3.

View original image: Page  049
[missing figure]

To the Honorable WilliamWilliam Harper Chancellor
in over the State of MissouriMissouri - as a
Count of Chancery in & for the third Judicial
District of said State -

Respectfully complaining
your Honor - your Orator Chester Honding of the
and County of Saint LouisCounty of Saint Louis. state aforesaid-
That on the sixteenth day of April in the year One thousand eight hundred & fourteen at the form of
Saint LouisSt Louis aforesaid - One
then living but since executed-Salo to one
- by the name and description of
a certain Lot of Ground bying and being
in the upper end of saidforms of Saint LouisSt Louis-
bounded on the North by the Lot of the
Catherine- Nest & east by the ground of said
Jacque - by a crop leading
from the Mipipippi which the
from the mississipi of ground (norr)owned by whom
BradyBrady - Containing the quantity of
( for french ) front going North South-
by twentyfirst ( to he like measure) deep. east
west-

View original image: Page  050
[missing figure]

which aforesaid Lot is situable between the second
streets upon the hill them the
by rains - to begin at the of one hundred feet
(intended to be like measure) from said second main street
for and in consideration of the price of
fifty Dollars payable in fifty work
meaning work on the
of him said Jacque Clamorgan to be done at all
such times when said should have need
during the course of the then present years, and said
Jacque Clamorgan then made & executed
a certain writingsigned with his hand - by
him, expressive of the above sale & which said
papers signed as aforesaid said
in the presence of one JosephJoseph is hereunto
attached marked A & which your Orator praysbe be taken
as part and panelafter in Bill)-by which
aforesaid wiling-it was also further agreed stipulated by &
between said and Clamorgan that until
the final payment by said

of theaforesaid
fifty Dollars in work as aforesaid the said
bargainedand soldthe lot should remain Mortgaged
and hypothecated to said Clamagon

View original image: Page  051
[missing figure]

having executed, or paper any other miling or Deed
whatsoever relative to said or having given
any acquiltance and discharged for the fulfillmoney
of the bargain mentioned in the aforesaid
and leaving as heir & the following named children
- P. , Apoline, ,
and having previously madce of duly executed his last
will & whereby he devised all his
estate to the aforesaid persons P.
non of apoline his daughter, an infant and
, partial. & maximum infants - fall of whom
your Orator prays may be made Defendants to this
his bill of complaint, and said infants be compelled
by to - & also by said
appointed P. C Touland
of and whom - your orator also
may be made Defendants to this Bill -

And your orator further states that
afterwards on the thirteenth day of February in the One thousand Eight hundred & eighteenth
the said by duly executed
and recorded, granted. bargainedsolo of said
Lot (he said even his purchase
there of remained in quest undisturbeddisputed

View original image: Page  052
[missing figure]

power in him said to align
or mortgage said - and it was also
further agreed stipulated by & between said
parties that for the more effectual security of the
performance of the aforesaid bargain of contract -
One Braconia then of there agreed to do
& performs conjointly the promise & engagement of
said so as aforeaid set faith and agrees upon
that is to say to pay to said
the said of fifty Dollars in workas aforesaid
and he said Braconia then his name
to said writing by his Ordinary - mark

Orator further States that said writing
man not of delivered as a Did in due form of
Law but only in the manner above state - &
hefurther States represents to your that
the aforesaid work non for the said
recording to the meaning , of
said contract longain as expresed mentioned
in said wiling - And your Orator further
States that about the most of November in the year One thousand eight hundred & fourteen the said
Jacqueclamorgan, unexpectedly, died, without

View original image: Page  053
[missing figure]

of the same) to one PeterPeter auguster
for and in consideration of the form of two hundred dollars
in which aforesaid the said braconia
alsojoined & duly executed to said his assignment
& conveyance of his to said Lot - a copy of - which
aforesaid marked B is here to
post and parcel of this bill of complaint - and the
said PeterPeter augustus afterwards, that is to say
on the day and years last aforesaid - at Saint LouisSt Louis aforesaid
found in consideration of the sum of three hundred
Dollars Sold & conveyed the above mentioned &
described Lot of ground to one charles I. hempstead
which conveyance won duly executed record for copy
where of is here unto annexedmarked C & which your
Orator prays may be taken as part and parcelof this
his Bill:- and he further states - that afterwards
on the day in the years
eighteen hundred and twenty the saidCharlesCharles I HempsteadHempstead

View original image: Page  054
[missing figure]

bargainedand soldsaid described lot to your orator
afor and in consideration of the Terms of four hundred & ninety
Dollars: & said hempstead & his wife at the last
mentioned by duly executed JacksonJackson led conveyed
said lot of ground to your Orator - as will appear by
reference to a Copy of said deed marked D.
annexed - which your Orators praysmaybe made
as part and parcel here of -

But is - may it please your honor
that said Jacquehaving meet out
making of conveyance to said
in said granted & bargained Lot - and the said executor
nor the said them & deceased
JacquesJacques not having the legal and
authority so to do, your Orator is to suffer
much lop singing forwantof such &
conveyance: In tender consideration whereof

View original image: Page  055
[missing figure]

and for as much as your Orator cannot a
conveyance of said granted and described premises, non obtain
due executor or any specific performance of the
contract and articles aforesaid, or be otherwise
in the premises than by the and apistance
Honorable Court: To the end therefore, that the
said John Q Cabame, soulard Executors as
aforesaid: the said. . said the said . , Martial Maximin - by there
upon their corporaltrue and
perfect make to all and singular the mallers
aforesaid, and that as fully and as particularly
as if the same were herein againrepeated and
particularly interrogated to be answered unto, and more
Especially that the send Defendants many
according to the best of then respective knowledge
information and belief : whether
1st. The said jacque did not tell to
the aforesaid in manner above stated?
2. whether the said Lot as above described were not
Solo an aforesaid & for the price stated in said ?
3. whether the writing above described & hereto all attached
is not the proper writing with the proper
of thereto attached? -

View original image: Page  056
[missing figure]

and was it not executed in the presence ? -

4. whether the obligation & promise on the part
of said this security braconia was not
fulfilled according to the terms, true meaning
of said contract and article between said &
clam organ - ?

5. whether the article of writing above said is not
the only one ever executed by said
to said touching the sale ofsaid ?

6 did the said Clam organ ever execute on willings
any acquittance or discharge to said -

7 Did not she said Clam organ at the time
above stated? & did he not make execute his
nice aforesaid, leaving the aforesaid Executors
& & - as above stated & set forth ?
if not. state what others will (if any) he executed
what him & representatives aboves did he leave ? -

8. are not the above named
infants be and is not the said of age?

9. Did not said braconiansell and convey
the aforesaid Lot to saidpeter

View original image: Page  057
[missing figure]

in manner above stated ? if not

10 Did not said HempsteadHempstead sell and convey and sot
to said hempstead in manner if otherwise
please state -

11 Did not said sell of said
to your orator in manner and form above sel forth ?

And that send Defendant may by the
Decrue of this Horonable Court be compelled to a
performance of the contract and agreement of said
jacqueclamorgon deceared with said - and may
excute proper and sufficient of
conveyance to join as of said
for the aforesaid Lot according to the line intext
morning of said article of agreement-and
according to the stated in such made and
provided-and that your orator may have such
other and further recept in the premier as the native of
his case requires and as shall be agreeable to equity
good conscience-may it please your honorto
your

HempsteadHempstead solicitor

View original image: Page  058
[missing figure]
View original image: Page  059
[missing figure]

State of MissouriMissouriin the Chancury Court (Superior) Judicial District March Term 1822

The joint and several answer of Mary LisaMary Lisa executed and
CharlesCharles S Hempstead SCharles S Hempstead . Hermpstead executer of the last will and test amount of
Manual LisaManuel Lisa declared Gro of Dependents, to the Bill of
comptant of John PJohn P . Cabame. Bacholom on Buchold
Pure Chorteau Junior. Bern and halre, and MichalMichael Simell

These Depondants non and at all times someafter saring, and worring
to theme his siverally and uspectively all and all manuo of benefit and
advantage of exception, that can, or may be had to the many error and
unextamtish incefficin is and other imperfection in the said complainants
said Bill of complaint contained, for answer thereto; or unto so much
thereof as then Defendants the advised is matiual and necessary
for them to make arrive unto, and nor sad and say

That thy have from informed, that a partnership was formed
behrssa said complainants and said throdore HuntHunt , and Manual LisaManuel Lisa
declared, at the time, and in the manner stated in said Bill of complaint
and that the exhibited marked No 1 of said complainants as part
of their Bill is a Copy of said articles of association â

That said partners purchased goods â haded the some
until the time stated in said Bill, and thats at that period
a majorily of said partners did sell and abandoner to said ManuelManuel Lisa
LisaManuel Lisa deceased the property mentioned in said articles of agrreeming
and in the manner, on the terms, and for the consideration stated in
said Artecles all which may more fully appears by referer to said
two articles of agreement marked as exhibited No 2 in said complainants
Bill of complaint â

These said Deferdants further ammoring, say, that they are
ignorant of any meaning and intext of said two articles of agreement

View original image: Page  060
[missing figure]
marked exhibit No 2. than as mentioned, expreped, and sit
forth in said articles â to which these Depondants again refer for
thi here meaning, and instant of said constructing ponties â that whether
there is any mistake in oraning the said articles these Depodants cannot
of thin knowledge say â but they must that if any out
mistake occurred, that said complainants shall fully and satisfactorily
prove the same according to the sheet rules of evidence in such cases â
these Defendants know themeselves that said complainants never trutended
to shown in verious comonatems before said C S Hompitrad and own as
of said complainants ulatiri to the articles of agrreming above refused
to, that there was a mistake in oraning up said articles, it was on
the construction of the effect of the said explanatory article that a
defference of opinion existed â These said Dependants expreply thems
the construction of said articles only said complainants inged in then
said Bill of eomplains â and shall insist one the trial of its causes
that said articles be construced by the known and fixed rules in
law and equity, torrect, upon the whole fevor of said anticles and
according to the meaning and intent of said contracting pointies as expreped
therein â

These Depondants further arroring, say, that they have
here informed and beleaved it true, that said Michail Immarll
asin the first day of June 1819 traded at the Rred villago
a quantity of recieved by him from the original company
of Cabanse' & 1. and that in the month of November following
he delivered the provereds of the same to said mamurss LisaLisa declared
bring the same mentioned on said receipts marked exhibit No
3. attached to said complainants Bill â These Depondants forther
state that this have no knowledge of the form petitions of had ed
by said pierre promeaw, but imming that the complainants prove their
said allegation in that behalf â and is it shall hereafter

View original image: Page  061
[missing figure]

appear that said pierre premiour, or any other regards of said
original company of calamme&Co, traded then goods&much
after the said first day of since 1819. these Difendants will claim
the value of any such sales which the same can be as entainedâ

These said Defendants further say, they do not know whether
said Manurs LisaLisa brought the said forms fer received from Michail
ImmellImmell down to St. LouisSt Louis, a not no whether said complainants
applied to him for the same; they, have been informed therein it
time that the equiponent of goods sent by said Michail ImmellImmell
was so one of the long established and will known depondencies or
the establishments of said company of Calamne'&Co. on the MissouriMissouri
river, at a place called the Rres Village which was the usual
trading place of the agents of said Calamne'&Co. for the Rres nation
of Indians That said ImmellImmell arrived at that village with
this said equipment a after the first day of some
traded the Same to the Indians by , a Clark after that time â and that
the proceeds mentioned in said exhibit No 3. was the articles received
in trade for said equipment; That after said ImmellImmell arrived as a foresaid,
the tired as a Clark to said expedition, hade among said goods,
one citelrau det Sangeran, to whom he was to pay $ 400
for his services; that the hade with the said Rres Indians
of the said equipment mentioned as aforesaid was not finished until
the fall of 1819. Where said Michail ImmellImmell descended the
MissouriMissouri with said cargo of form articles mentioned in said
receipt exhibit No 3 â, and armed much the same at Council
on the MissouriMissouri where said Manurs LisaLisa claimed the same
by virtue of said articles of purchase (exhibit No 2), who referes
to give them up. because he said ImmellImmell was not paid for his
services in the said expedition to said Rres Village â and because
said Citrtion was not paid, thereupon said ImmellImmell and said
Manurs agrred to refer the whole matter in despite to

View original image: Page  062
[missing figure]
the orbitrement and final awards of Captains Matthen I Magee
and CharlesCharles Penttend of the U states Armags, and May Bexjomon J Stallon
who after hearing the proofs and alligation of the said Manurl LisaLisa
and Michal R. Immell, an orded and decrred that in perses and
of the articles of sale dated april 15th 1819 form said Cabamne&Co
so said Manual LisaManuel Lisa (being the same exhibit No 2) the said
forms&pettnes on extioned in said receipt (exhibit No 3.) belonged
so said ManuelManuel , as having been traded after the said 1st. day of June 1819 and also, that said Manual Shorldpoy to said
Antone Cetilian the sum of $ 400 the wages promised to him by
said MichalMichael I ImmellImmell (which said $ 400 upon said Depondants
here been informed of beleive it was accordingly paid) and further
said arbitrants an orded that said Manul LisaLisa should pay to said
Immull for his Services in that expediction, at the rate of $ 1000 preyeon
which was done as the said Dependants are informed of believe it trem â
bat for what time, a much thers paid, the said Dependants
not knowing, extrodinary â the said further say
that they have been informed that the above award was
writing, and defitieates fernished the upon , that formes had
said Manual, said Dependants cannot find, whose deserved
they pray may informs forms part and parcel of this them answer â in the
mean time beleving from information that she said complainants here
in then popepeon the deflicate arround furnished said Immull the said
Dependants until upon the same being submitted to the
inspection and judgement of this honourable Court â

The said Dependants forther say, that the have been
informed and believe it true, that at the time of the trading
of said Mischaindere at the Rers village aforesaid. after the
said first day of June 1819 the Immull was still a partner
of said complaint of Calamen'&Co. and continued so until the orbitrement a foresaid

View original image: Page  063
[missing figure]

and as one of the partner aforesaid had a right and full form and
auctiorety to upon the same matter as aforesaid â

The said Dependants further arrowing sarp, that it is true
that said Manual LisaManuel Lisa died at St. LouisSt Louis in the month of august 1820
having made his last still will testament and appointed the said Dependants
exceutors there of as stated in said Bill of Complaint â and
the said Dependants say. that hey have taken upon themselves the
fonders of said appointment and have received popapad themselves
of all the property real personal and mixed of said which
they could and â but among said goods , they did not find
said pettioner of as haged in said Bill of Complaint â

The said Dependant CharlesCharles Hempstead HempsteadCharles Hempstead arrowing, says
that at the time mentioned in said Bill of Complaint about
the 25th day of August 1820, the said MichalMichael Immull being at the
Term of St. LouisSt Louis and also to a filcher who was permit at the orbihation
aforesaid at Council Bleffs, being, in St. LouisSt Louis, the Said complainants
preped the said Humpilend to to have said matter arbiotrated
was much as said Immulls of pilchon was then present
and world same leave St. LouisSt Louis for the apporch MissouriMissouri, the said
Humplind wishing to leave said despute settled, before the depondant of said ImmellImmell &pilcha (the said complainants still
clamining said forms of petitions) without having, been qualified said as executor
and without the knowledge of the executive aforesaid who was then bying
said, did consent to the copy of is annexed to said Bill of complaints
marked exhibit No 3, because he said Hemprtrad concernd himself
ortribed by the still of said and LisaLisa is do so;

The said Charles, S. Hempstead, admets that said HenryHenry Shal
and PierrePierre Mencrrd took upon themselves the appointments aforesaid, &
hend the proof and alligate and each side, that they desagerd
and called in James Clemens as umpire, and that said Clemons
made a copy whereas is exhibited in said Bill 8 complaint
exhibit No 4.

View original image: Page  064
[missing figure]

but the said Dependant Charles SCharles S Hempstead . Hemprlead exfreply denies, that
the whole month of the evidence established by said parties he said
No planel and menand was establishmented he said claims. one the
eoxtrary, the said Hemprlead charge, the fact to be. that said
clemons did not true the evidence of said Immull&pelchon;
The said Dependant A Hemplead forther states, that he was not
apprised of the difference of opinion between said that&men and â
nor that they had called in said clemons until after his (said
clemons) decesion â that he was informed of that decission and set
the same time informed that the evidences aforesaid had not been he and by him â
for which various he said Hamprtiad did not believe said an and
legal and was determined not to abide by it â that he said Dependant
immediately applied to said Clemons to knorr the facts, said Clemons then
informed them, that all that true defnietted to him was the
articles of agreement of April 1918 between said calamne&Co&said
manurl LisaLisa for the sale of the stock of up the Messouri river
and the receipt of said manual for the form in question â
of Immanul
what he said not he and the station
nor pilcher â that his opinion&judgment was formed extruely
afore the face of the papers submitted â: he further said he said Depondent that
after he had made his arround â he had a commation and the
subject trith M. I. Pelcha, who had stated to him things
in relation to that affair which he had not true before apprised
of, and which is he had known before, his decision might
have been different from what is was â or word so that amount â
is it was, he concerned he had decided the only he could decide as he â had alone
judged from the papers submitted and from there he should judge so â
that he find nothing to do M. Pelchrer statements, and
therefore dismissed the matter from his â the said Dependant
forther states â that the first some he saw one of the complainants
vig . Calamne' which was a day after the above
conversation withJamesJames Colomons, the Dependants informs&informed

View original image: Page  065
[missing figure]

him, that M. Calmens having, been called in as umpire by Missry.
shall followed had made an assined with out hearring, the whole of the
facts and evidence, that under those inconstances, I never could consent
to it, and desired that as the was then petent we should lose
no time in having the matter adjusted by M. Clemans if he would do
hen the whole evidence&re investigate the subject, a by any other
honest and competent man to be matually those M. Calame
for himself&I understoodfor her apoecates, instantly compleid with
the proposition, disclaiming, any intention of exforeing any arrond not
properly obtained and that it was right&just that M Clamans
ought&should her the whole evidence the said Depondant forther states
that he immediately went to said Clamons and informed him of the
commation M Calome

and earnestly requested said Clemons to the whole evidence
re investigate the matter, and untill his arron â he should
not do so, alleging, that he did not with no time any further
trouble with it the said Dependant forther states. that he
informed the said complainants, B. PratteB Pratte Op. Cralame &
P. Choutean ss of this determention of M. Clamon, and also of his
said Dependant that ever since propossed his &is still saillnig
to have the whole matter orbitisted where the evidence of said
Immell&Plicher could be obtained the said Depondant forther
states that said Immunel&Plech. renamed in St. LouisSt Louis some days after
the arrand aforesaid, and said complainants during that time
did not, nor would agree that any other than said Clemons should
act as umprie â

The said Depondant MaryMary executed as aforesaid, says
that the Snony nothing of the matter above in respect to said
orbitiation only as she has since been informed by said C S Hempstead
that if, said Hemprlend had thought proper to have satisfied and
acceded to said arrond she should have joined in that ratification

View original image: Page  066
[missing figure]
that he has not, therefore she has your done any thing on respect
thereto â

the said Depondants forther arrowing say that for the
reasons above stated, they do most concern the above arrevel
legal, nor just â and shall therefore must in the honerable
count that said arrond right not to be informed against
them as execution as aforesaid.

The said Depondants forther arriving â say that at
the date of the last mentioned Submission as aforesaid â neither
of said Dependants the qualified to act in execution, and
owing, to the illness of the executions for some time. and the
change of the probate posing. was selfer granted to the said
Depondants until about 6th of February 1821.

Without that

S. for himself
for Mary LisaMary Lisa

View original image: Page  066
[missing figure]

Fieled June 4 1823

A Gamled

View original image: Page  066
[missing figure]

State of MissouriMissouri
County of St. LouisCounty of St Louis

appendaned before me the undersigned
one of the sixtiees of the Prace in side for the County aforesaid:

Mary LisaMary Lisa of S. Homprlend the above depondants who being severally
sworn, any that the facts stated for the above answer, as of oftheir
knowledge, those are true â those frome the information of ahived
they believe true â

Sworn to before
me this 14th day of aug 1822

Dauglays G.P.

M. S.

Mary LisaMary Lisa