Bank of America v. John O'Fallon
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County of St.LouisCounty of St Louis Sct.
The state of MissouriMissouri

To the Sheriff of St.Louis County Greeting

You are hereby commanded to common
Harriett Brady widow, Mary Brady, Eliza Brady
Harriett Brady Jr . and Thomas J. Brady widow &
Heirs at Law of Thomas BradyThomas Brady deceased that
they be and appear before the Judge of our
Circuit CourtCircuit Court at the next term thereof, to be
held at the City of St.LouisCity of St Louis within and for the
County of St.LouisCounty of St Louis on the first Monday in
February next then and there to answer unto
the Petition of the President, Directors and
company of the Bank of MissouriBank of Missouri who sue
to the use of John O'FallonJohn O'Fallon , William ClarkWilliam Clark
Auguste ChouteauAugust Chouteau , Bernard PratteBernard Pratte & RobertRobert Nash
NashRobert Nash , and have you then there this writ.

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Witness Archibald GambleArchibald Gamble Clerk
of our said Court at Office
this thirteenth day of January Eighteen Hundred and Twenty Four

Archibald GambleArchibald Gamble clerk

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State of MissouriMissouri
County of St. LouisCounty of St LouisFebry Term 1824

To the Honorable the judge of the Circuit
Court of the County of St. LouisCounty of St Louis 3rd Judicial
District

The petition of the President Directors
& Company of the Bank of MissouriBank of Missouri who
sue to the use of John O'FallonJohn O'Fallon William ClarkWilliam Clark
Augusto ChoteauChoteau Bernard PratteBernard Pratte & RobertRobert Nash
NashRobert Nash , respectfully [ shewith ] unto your Honor.
that heretofore to writ on the twenty eighth day of September Eighteen hundred and twenty one
at the county aforesaid Thomas BradyThomas Brady on his lifetime made his certain indention
deed Pole or Deed of Mortgage unto the said President
Director and Company of the Bank of MissouriBank of Missouri
aforesaid sealed with the seal of the said Thomas BradyThomas Brady
and now to the Court [ shewn ] by about said indention
Deed Pole or Deed of Mortgage the said Thomas BradyThomas Brady
party of the first part in the said deed of mortgage for the better securing and
payment of the sum of seven Thousand
dollars to the said President Directors and
Company of the Bank of MissouriBank of Missouri party of the
second part to the amount of which said sum
of Money hethe said Thomas BradyThomas Brady by the instru
ment of writing aforesaid acknowledged himself justly
indebted to the said party of the second past and
also for and in consideration of the sum of one
dollar to him in hand will & truly paid by the
said party of the second part at or before the
unsealingand delivery of the said instrument of
writing Indention Deed Pole or Deed of Mortgage
aforesaid, granted bargained sold aliened,

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released and confirmed unto the said party of the
second part, The President Directors and company of the Bank of MissouriBank of Missouri their successors and
assign, forever all that certain lot or parcel
of ground situated lying and being in the town of
St LouisSt Louis continuing the quantity of eighty feet
English measured in front on first main street
by one hundred and forty feet deep like measure
Bounded in front and eastwardly by first main
street which separates it from the lot of ThomasThomas Hanly
HanlyThomas Hanly North by the lot of said BradyBrady on which
the MissouriMissouri Hotel is situated South by the lot
of said BradyBrady & west by a twenty feet alley
the said lot them described as to commence in
front at a picket which runs between the lot of
the MissouriMissouriHotel and the lot above desceribed
running thence south eighty feet on Main
street to another picketfence which devide
the yard from the garden thence west to the
alley and by parallel lines to the beginning
on which said lot is the dwelling house of & other
bulidingslately therefore occupied by said
Thomas BradyThomas Brady then by General HenryHenry
now which lot thus designated is part and parcel of the square purchased by said ThomasThomas
from I argue by deed dated
April 23 rd 1812. And all all that certain
square & parcel of ground except the part
sold situated in said town & in the rear of the lot & square
above described containing the quantity of two

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hundred and forty feet french measure in front
on second main street by three hundred feet like
measure in depth. Bounded in front by second
main or church street north & south by cross streets
& west by third or Burn street being the same
which was on the 23 rd day of april 1812 purchased
by said Thomas BradyThomas Brady of Jaquel blamorgan
all which incomen fully appear by reference
to the said Indention Deed pole or Deed of mortgage
out of which said square the said ThomasThomas Brady
BradyThomas Brady had sold to the north western
corner them of being thirty seven and a half feet
front on third street by two hundred and forty
feet deep. And by the said indention deed pole
or deed of mortgage the said Thomas BradyThomas Brady
granted bargained sold aliened released
and confirmed into the said President Directors
and Company of the Bank of MissouriBank of Missouri and
thensucessors and assign forever own there
certain lot or parcelpiece of ground situated
lying and being in said town of St LouisSt Louis
containing the quantity of thirty three feet
English measure in front on the river MissouriMissouri
by five hundred feet like measure on depth
westwardly Bounded in front by on said river
southwardly by the ware house & lot there occupied
by John Brady north by the lot of LimonBlock and west by the lot of Madame being
front and parcel of a certain lot
purchased by said Thomas BradyThomas Brady &John McKnight
from one SamuelSamuel BradyBrady being one of the lots devided
between the said McKnight & Brady by & conveyed

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to the said BradyBrady by deed of partition dated Sept 23 rd 1818. All which into more fully affirm by
reference had to the indicationdeedpole or
deed of mortgaged aforesaid and the records therein
refered to. The said President Directors
and company of the Bank of Masouri
to have and hold the therein before mentioned
granted premises which all and singular the rights
members and
ces thousand belonging into the said President Directors
and company of the Bank of MissouriBank of Missouri their
successors and assigned to the only use
benefit and behalf of the said President Directors
and company of the Bank of MissouriBank of Missouri
theirheirssuccessors and assignedforeseen
provided and upon this condition that
as the said Thomas BradyThomas Brady was then justlyindebted
to the said President Directors and company
of the Bank of MissouriBank of Missouri or order in the said
sum of seven thousand dollars for which sum
the said BradyBrady did on the day and
(28th Sept 1821) to the said party of the
past negotiable payable at said Bank
in days from that date. A to the said President Directors and company Bank of MissouriBank of Missouri on order if that of the
said Thomas BradyThomas Brady or his legal representation
should will and truly pay the said seven thous
and dollars or such part thereof from time
until the whole is paid as shall be demanded
by said Board of President & Directors of said

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Bank and their successors in office according to
the trie intent and meaning of said indention
deedpole ordeed of mortgaging or instrument
of writing which the companyaforesaid and of the
premises aforsaid to be null and void otherwise
to remain in full force and .

And the said Thomas BradyThomas Brady for himself his heirs
and did by the said of
mortgage or instrument of working aforesaid
covenant grant and agree to & with the said
party of the second bank and their successors
& assigns among other things that the said Thomas BradyThomas Brady should
&would will & Truly pay to the said party of the
second part of their successors and assigns the said
sum of seven Thousand Dollars in whole or
in partwith all interest as shall be
required of him from time to time by said
Board of President & Directors aforesaid on
their successors in office according to the rules
and by laws of said Bank and the true intent
and meaning of the parties to the said that instrument
of writing in the and furthermore thereby mutually
covenanted and agreed by and between the said
parties that of default shall be made in the
payment of said principle debt & interest or in
any part of said debt by the said Thomas BradyThomas Brady
when required to pay by the said Board or their successors
or assigns that then the said mortgaged premises shall
be foreclosed & property mentioned in said indentation
in be sold to partydischarge the said debt. It is
further shown by your petition that on the
day of Eighteen hundred and twenty one at the county aforesaid the said ThomasThomas Brady

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BradyThomas Brady departed this life without having paid to
the said President directors and Company of
the Bank of MissouriBank of Missouri of said or any person
for them the said sum of seven thousand dollars
with interest thereon or any past thereof
the said sum of money had long before that
time been due and had been duly defended by the
said President & director device and Company of the Bank afore
said and by the Board aforesaid. And your petition further states that the said Thomas BradyThomas Brady
at the time of his decease left Harriet Brady his
widow and MaryMary Brady. Eliza Brady, Harriet
Brady Jr. & of Thomas J. Brady his children
and heirs. That afterwards to and on the tenth day of November Eighteen hundred and twenty one John Rice
obtained letters of administration on
of the said Thomas BradyThomas Brady deceased, but
the said widow nor the heirs aforesaid nor the said
Administrator nor either of them nor any
person or persons for them has paid to the said
President Directors and Company of the BankBank of Missouri
of MissouriBank of Missouri or to the Board of President & Directors
of said Bank or to any person or persons for them
the paid sum of seven thousand Dollars with
interestthereon or any part thereof according
to the of paid or according to
the agreement of the said parties to the indenture
deedpoledeed of Mortgage or instrument of
writing aforesaid but the sum to the said President
Director and Company of the Bank of MissouriBank of Missouri

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and to the Board of the President & Directory of the
Bank aforesaid to pay ( after requested to
and payment of the same has been after duly demanded)
the said Thomas BradyThomas Brady in his life and the said widow and heirs and Administrator aforesaid have
wholly refused and have made default and the said
sum of money unpaid. Your petitioner
thereforeprays that the Mortgage aforesaid
may be foreclosed and the property thereinmentioned
said by order of this Court to satisfy the debt aforesaid
due the said plaintiff, and that the said widow
and heirs may be summoned and required to
appear at the next term of this Court to show
cause why the Mortgage property shall not be
for closed and the property in said mortgage men-
tioned, sold for the payment of the debt due
your petitioners

Mash & PittyAttns for Pltffs

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Executed on

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No. 62.

February Term 1824

Bank of MissouriBank of Missouri
to the term of JohnJohn O'Fallon
O FallonJohn O'Fallon & Stone
vs
Harriett Brady
widow &
MaryMary Brady
Eliza Brady
Brady Jr.
& Thomas J. Brady
heirs of ThomasThomas Brady
BradyThomas Brady

Mash & Pitty
Atys


St. Louis Countyfiled13th January 1824

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Executed this writ on Harriet Brady January 13 1824 in
the City St.LouisSt Louis by reading the same to her the heirs of
Thomas BradyThomas Brady named in this writ not found in my county Jany 17th 1824

Shff fees $3.00

See Book 3 - 331, 267, 274

JohnJohn K Walker K. WalkerJohn K Walker Sheriff