Sally v. Henry Chouteau
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To the Honorable Luke E. LawlessLuke E Lawless Judge of the
Circuit Count of St Louis County.

SallySally an infant mulatto girl of the age of
thirteen years by her next friend Samuel WilliSamuel Willi
respectfully represents, that on the fourteenth day of February eighteen hundred and eighteen, a certain
agreement in writing was made signed sealed and
executed by and between Marie Thereze Brazeau
widow of Joseph BrazeauJoseph Brazeau deceased of the one part
and BaptisteBaptiste Duchouquette and Marie ThereseMarie Therese his
wife of the other part, in which among other things
it is stated as follows, to wit; ``Whereas Joseph BrazeauJoseph Brazeau
by testamentary act, dated the fifth of May, one thousand seven hundred and ninety eight, proved and
approved the twenty sixth of November last and
deposited in the office of the Clerk of the Circuit CourtCircuit Court
of St Louis County MissouriMissouri Territory, it is said & declared
by the ninth article of the said Testament as follows,
to wit; ``Ninthly, as to the surplus of all the property
which he will leave on the day of his decease, the
present testament fulfilled, he gives them to MarieMarie Brazeau
BrazeauMarie Brazeau his niece, in consideration of the attachment
which he has for her, and of that which she has always
shown him & of her good conduct, he gives & bequeaths
them to her in been gift, naming her to that effect
his universal legatee, to be disposed of by her as of
things to her properly belonging, after the
decease however of Marie Therese Brazeau my wife
to whom I have abandoned the enjoyment thereof
during her life time.'' And whereas the said MarieMarie Therese
ThereseMarie Therese widow of Joseph BrazeauJoseph Brazeau deceased does not
feel herself in a condition to render available the
property abandoned by the said Joseph BrazeauJoseph Brazeau
deceased, and is content to abandon the care & direction

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of the same to BaptisteBaptiste Duchouquette and to the said
Marie Thereze Brazeau niece of the said deceased &
wife of the said Bapstite Duchouquette, the universal
legatee named in the said ninth article of the said
testament the said Baptiste & Marie here present &
accepting, know all those who shall see these
presents that the said Marie ThereseMarie Therese widow of
Joseph BrazeauJoseph Brazeau deceased of the one part & the said
BaptisteBaptiste Duchouquette & Marie ThereseMarie Therese his wife of
the other part, have contracted and agreed as follows,
to wit: That the said Marie ThereseMarie Therese widow of the
said Joseph BrazeauJoseph Brazeau deceased, for and in consideration
of the sum of three hundred and fifty dollars, lawful
money of the United StatesUnited States which the said Baptiste &
Marie his wife, [ oligate ], promise & engage themselves
to pay each year to the said widow BrazeauBrazeau , during
her lifetime, the first payment of which shall commence
in one year from the date of these presents, and
also for and in consideration of the promises, claims
conventions & conditions hereinafter stipulated
and mentioned, which the said Baptiste & Marie
his wife promise, obligate & engage themselves to
fulfill, in all their extent, force & tenor, the said
widow of Joseph BrazeauJoseph Brazeau deceased, has
sold, ceded, quitclaimed relinquished, abandoned
& transferred, as in fact and by these presents, she
sells, cedes, quitclaims relinquishes, abandons &
transfers to the said BaptisteBaptiste Duchouquette and
Marie ThereseMarie Therese his wife, all the rights, titles, actions
pretensions properties which she has and
may have to the property left by the laid JosephJoseph Brazeau
BrazeauJoseph Brazeau deceased, and to the enjoyment of the said
property left to her by the said testament, during her
lifetime, with the exception of the reservation herein
after made, so that the said Baptiste & Marie

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his wife their heirs & assigns may do with enjoy & dispose of the
above mentioned rights as of things to them proper
& belonging from this time & forever. And the said
BaptisteBaptiste Duchouquette & MarieMarie his wife for and in
consideration of the clauses conventions & abandonment
herein above made to them by the above named
widow of of JosephJoseph Brazeau BrazeauJoseph Brazeau deceased , they promise,
obligate & engage themselves well & truly to pay to
the said widow BrazeauBrazeau at the expiration of each
year from the day of the date of these presents during
her life time, the above mentioned sum of three hundred
and fifty dollars lawful money of the UnitedUnited States
StatesUnited States, moreover to fulfill in all its extent, the clauses
conventions & legacies mentioned in the said testament
conformably with their force & tenor, moreover to leave
to the said widow BrazeauBrazeau during her lifetime the
enjoyment of a negro named BaptisteBaptiste aged about
thirty years, who after the decease of the said widow
shall revert as the property of the said BaptisteBaptiste and
his wife, conformably with the letter of the said
testament; and moreover, for & in consideration of
the above abandonment & of the attachment which
the said Joseph BrazeauJoseph Brazeau deceased during his life-time
has manifested towards the said MariaMaria Thereze
Duchouquette, & of the love, tenderness & affection
which the said MarieMarie Duchouquette has for the said
Joseph BrazeauJoseph Brazeau deceased her uncle & of the love,
friendship & attachment which she has vowed
& vows to the said widow of Joseph BrazeauJoseph Brazeau deceased
the said BaptisteBaptiste Duchouquette & MarieMarie his wife
promise, obligate & engage themselves, that when the
happening of the decease of the said widow of the said JosephJoseph Brazeau
BrazeauJoseph Brazeau deceased , they will recognize, declare &
set free and will give deed of freedom to the mulatto
PeterPeter aged about fifty years as well as to the

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mulatto woman MarianneMarianne and to the children
whom she may have, that they may enjoy their
freedom and act and contract as free and independent
persons.'' All which will appear by the
said agreement in writing reference being thereto
had, or to the record thereof in the office of the
Recorder of St Louis County book page one hundred
and seventy two and following.''

Your petitioner further states that she is the
daughter of the said MarianneMarianne , and as such she is
advised is legally & equitably entitled to her freedom
She further states that BaptisteBaptiste Duchouquette
died on the twenty second day of July eighteen hundred & thirty three that his wife the said
Marie ThereseMarie Therese Duchouquette died on the eighth day of July eighteen eighteen hundred and eighteen, and that the said MarieTherese Brazeau
died on the second day of February - eighteen hundred and thirty four.

The said BaptisteBaptiste Duchouquette & MarieMarie Therese
ThereseMarie Therese his wife after their death left the following
named heirs each entitled to a distributed portion
of their estate, to wit;

JeanJean Baptiste BaptisteJean Baptiste Duchouquette,JosephJoseph Duchouquette,
ThereseTherese Duchouquette who intermarried
with Honore , ElizabethElizabeth Duchouquette,
commonly called Ritta Duchouquette, who intermarried
with JeanJean Baptiste BaptisteJean Baptiste L'Esperance, BrazeauBrazeau
Duchouquette who died without issue prior to the
death of his father BaptisteBaptiste Duchouquette, and
MelaniealiasCelesteCeleste Duchouquette who intermarried
with TheodorePapin and died on the twenty third of November eighteen hundred and thirty three,
leaving four children, to with MaryMary ,
Coralie & TheodorePapin.

On the thirteen day of Julyâeighteen hundred and thirty four,

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nonwithstanding your
petitioner protected against such a course, the
said heirs of BaptisteBaptiste Duchouquette & Marie Thereze
his wife hold your petitioner as a slave for life
to Henry ChouteauHenry Chouteau of the City of St LouisCity of St Louis, who by
virtue of his purchase holds your petitioner in his
service & custody as his slave and deprives her of
her liberty contrary to the intent and meaning of
the agreement in writing above recited and
against the laws of this state.

She therefore prays that she may be
permitted to bring suit as a poor person against the said HenryHenry Chouteau ChouteauHenry Chouteau to establish her
freedom and that your honor will make such
order as will ensure to her
the rights & privileges which under the circumstances
of the case the law allows her.

St LouisSt LouisJune 26th 1835

SallySally by her next friend

Saml Willi

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County of St. LouisCounty of St Louis to wit;

Samuel WilliSamuel Willi being sworn on his oath says that the facts stated in the foregoing
affidavit as far as they depend upon his own knowledge
are true, and as far as they are derived from the information
of others he believes to be true.

Saml Willi

Sworn to & subscribed before me
this 26th day of June 1835

D HoughD Hough

Justice of the Peace
St Louis County
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County of St LouisSt Louis, to wit,

The within named petitioner
SallySally is permitted to bring suit as a poor person
against HenryHenry Chouteau ChouteauHenry Chouteau to recover her freedom
It is further ordered that she have reasonable
liberty to attend her counsel and the CircuitCircuit Court
CourtCircuit Court when occasion may require, and she
shall not be taken or removed out of the jurisdiction of the said Court nor be subject to
any severity because of her application for
freedom.

Given under my hand at St LouisSt Louis this
26th day of June 1835

Judge of the CircuitCircuit Court CourtCircuit Court 3rd Judicial Circuit
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In the Circuit CourtCircuit Court Third Judicial Circuit July Term 1835

County of St LouisCounty of St Louis, to wit.

SallySally a girl of color by her
next friend, complains of HenryHenry Chouteau ChouteauHenry Chouteau of a plea
of trespass; for that the said defendant on the
thirtieth - day of July - eighteen hundred and thirty four with force & arms assaulted the
said Plaintiff, to wit, at the County aforesaid and
then & there beat & ill-heated her the said plaintiff &
then & there imprisoned her the said plaintiff
& kept & detained her in prison then & there without any
reasonable or probable cause whatsoever for a
long time, to wit, for the space of twenty four hours
then next following, contrary to the law of the
land & against the will of the said plaintiff; and
other wrongs to the said Plaintiff then & there did
against the peace & dignity of the State of MissouriMissouri
and to the damage of the said Plaintiff of five
hundred dollars & therefore she brings her suit

And the said plaintiff avers that before &
at the time of the committing the grievances
aforesaid, she was & still is a free person & that
the defendant held & detained her & still holds &
detains her in slavery.

PrimmandDrakeDrake
attys for pltff

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County of St LouisCounty of St Louis to wit

The within named petitioner SallySally is permitted to bring
suit as a poor person against Henry ChouteauHenry Chouteau to recover her freedom. It is
further ordered that she have reasonable liberty to attend her counsel and
the circuit court when occasion may require; and she shall not be taken or
removed out of the jurisdiction of said court nor be subject to any severity
because of her application for freedom.

Given under my hand at StSt Louis
LouisSt Louis this 26th day of June 1835

A true copy of the order of the Judge
Archibald GambleArchibald Gamble Clerk

L E LawlessL E Lawless Judge of the circuit court 3d Judicial Circuit
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The State of MissouriMissouri

County of Saint LouisCounty of Saint Louis Ss
To the Sheriff of the County of Saint LouisCounty of Saint Louis Greeting

We command you to summon Henry ChouteauHenry Chouteau
that he be and appear before the judge of our CircuitCircuit Court
CourtCircuit Court at the next term thereof to be held at the city of St LouisSt Louis
within and for the county of Saint LouisSt Louis on the second [ monday ]
of July next then and there to answer unto SallySally a girl
of color of a plea of trespass to the damage of the said
plaintiff of five hundred dollars and have you then
there this writ.

Witness Archibald GambleArchibald Gamble clerk of our
said circuit court at office this twentysixth day of June in the year of our Lord one thousand eight hundred and thirty five

Archibald GambleArchibald Gamble Clerk

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No 101

Saint Louis Circuit CourtCircuit Court
July Term 1835

SallySally

v Narr.

Henry ChouteauHenry Chouteau

Suit for Freedom

Damages
$ 500.00

The Clerk will issuesummons
on the within declaration.

Primm & DrakeDrake
Attys for Pltff

Filed 26th June 1835

Archibald GambleArchibald Gamble Clerk

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Executed this writ by offering to Read it and
the declaration and petition and also the order
made by the honorableJudge to HenryHenry Chouteau
ChouteauHenry Chouteau and his Refusing to hear
Same and acknowledging the service thereof in the county of St LouisSt Louis on the 26th day of June 1835JamesJames Brotherton BrothertonJames Brotherton Shff
Service $ 1.00

By MM Brotherton BrothertonM Brotherton D Shff

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SallySally
vs
Henry ChouteauHenry Chouteau

July Term AD 1835

And the said deft by his attorney
comes & defends the force & injury when &c&
says that he is not guilty of the said such
trespasses above laid to his charge, in
manner& form as the said plaintiff hath
above thereof complained against him & of
this he puts himself upon the county &c

Beverly AllenAllen
Atty for deft

And the plaintiff doth the like.

filed July 16 1835

Primm & DrakeDrake
Attys for plff

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No 107
July Term 1835

SallySally vs
Henry ChouteauHenry Chouteau

plea gen: ipsa

filed July 16 1835

A GambleArchibald Gamble
clk

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Judgment for plff book 9-p 223 bill of exceptions filed fee book 222

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County of St. LouisCounty of St Louis, sct.

State of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting

You are hereby commanded to summon
LouisLouis Brazeau Junior BrazeauLouis Brazeau Junior Hypolete PapinPapin WilsonWilson Primm
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the first of April next at the city of St. LouisSt Louis, then and there to Testify
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein SallySally , (a person of Color) is -
- plaintiff and Henry ChouteauHenry Chouteau is
- defendant on the part of the
plaintiff and have you then and there this writ.

Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis this ninth day of March in the year of our Lord one thousand eight hundred and thirty six,

Jn. RulandJohn Ruland

Clerk, C.C.
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Served this writ by reading it to the within
named persons on the 12th day of March 1836
in the county of St LouisSt LouisJ BrothertonJames Brotherton Shff

Service 1.50

by G HammondG Hammond Depty

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March Term 1836

Sally (Person of color)
vs
Henry ChouteauHenry Chouteau ,

For Plff

Louis BrazeauLouis Brazeau Junior
Hypolete PapinPapin
WilsonWilson Primm

1st Apl 36.
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County of St. LouisCounty of St Louis, sct.
State of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon
LouisLouis Brazeau Junior BrazeauLouis Brazeau Junior , Hypolite PapinPapin & WilsonWilson Primm
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 20th day of Julynext,
at the city of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein SallySally (a person of Color) is plaintiff and HenryHenry Chouteau ChouteauHenry Chouteau ,
is defendant on the part of the
Plaintiff and have you then and there this writ.

Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 29th day of June in the year of our Lord one thousand eight hundred and thirty six.

Jn. RulandJohn Ruland Clerk, C.C.

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July Term 1836

SallySally (person of color)
vs
Henry ChouteauHenry Chouteau

Louis BrazeauLouis Brazeau Junior
Hypolite PapinPapin &
WilsonWilson Primm.

20th July

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Executed this writ by reading it to
Louis BrazeauLouis Brazeau Junior , Hypolite PapinPapin & WilsonWilson
Primm on the 1st day of July 1836 in the
County of St LouisCounty of St Louis

Service $2.00./

JamesJames Brotherton BrothertonJames Brotherton Sheriff
by Louis DubreuilDubreuil
Depty Sheriff

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

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon
Louis BrazeauLouis Brazeau Junior , Hypolite PapinPapin & WilsonWilson
Primm,
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 23rd MarchNext
at the city of St. LouisSt Louis, then and there to testify,
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein SallySally (a person of Color)
is plaintiff and Henry ChouteauHenry Chouteau
is defendant on the part of Plff
and have you then and there this writ.

Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 9th day of Feby in the year of our Lord one thousand eight hundred and thirty-seven

Jn. RulandJohn Ruland Clerk, C. C.

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Executed this writ[ By ] reading it to
the within named witnesses 23rd February 1837 in the CountyCounty of St Louis ofCounty of St Louis St LouisCounty of St Louis

Service $ 1.50

JamesJames Brotherton BrothertonJames Brotherton Sheriff
By J GordonJ Gordon Depty Shff

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Cut
March T. 1837.

SallySally (a person of color)
vs
Henry ChouteauHenry Chouteau

Plff

Louis BrazeauLouis Brazeau Junior
Hypolite PapinPapin &
WilsonWilson Primm

23 March

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

To the Sheriff of St. Louis CountyâGreeting.

You are hereby command to summon Pascal L Cerre
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on theforthwith
at the city of St. LouisSt Louis, then and there to Testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein SallySally is
plaintiff and Henry ChouteauHenry Chouteau is
defendant on the part of pltff
and have you then and there this writ.

Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 24th day of March in the year of our Lord one thousand, eight hundred and thirty seven.

John RulandJohn Ruland Clerk, C.C.

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March Term 1837

SallySally
vs
Henry ChouteauHenry Chouteau

for Pltff

Pascal L Cerre
forthwith

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Executed this writ by reading it to
Pascal L Cerre in the County ofCounty of St Louis St LouisCounty of St Louis
March 24th 1837James BrothertonJames Brotherton Sheriff

By J GordonJ Gordon D DJ Gordon D Shff

Service $ .50
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SallySally
vsChouteauChouteau

Be it remembered that on the trial of this
cause by the court, neitherpart requiring a jury, it was found
- that JosephJoseph Brazeau BrazeauJoseph Brazeau departed this life on the 22nd day of November in the year 1826at St LouisSt Louis in the Territory of MissouriMissouri
having previously made his last will, that subsequent
to his death, to wit, on the 26th of June
by said will was duly bound, that the said his taken
by said will bequeathed a female slave named MarianneMarianne
to his widow ThereseTherese Delisle for & during her
life & after her death to Marie BrazeauMarie Brazeau his niece, that
the said Marie BrazeauMarie Brazeau niece & Jean BJean B . Duchouquette
intermarried on the 3d July in year 1798at
in the then province of LouisianaLouisiana that a marriage contract
was executed between the said Jean BJean B . Duchouquette
MarieMarie Brazeau BrazeauMarie Brazeau his wife previous to their intermarriage
, to wit, on the 2d July in year 1798 at
St LouisSt Louisaforesaid that in said contract it was
provided that the said Jean BJean B . Duchouquette&
MarieMarie Brazeau BrazeauMarie Brazeau have promised to take one another
in the name & law of marriage &; to have the same
made & rightsoon here after to marry her or
as soon as one of the partiesshall require it of the
other, the said future husband & wife to be committed
& common in all estate real or personal & acquisitions
according to their &without power to change
any thing from this disposition the said future
husband & wife take each other with all their rights-
& estates each as have come& fallen to them or may
fall to them from the succession of their father
& mother to whatever sum they may amount, of whatever nature they may be & whatever place
situated even from this present time with there
which they may have of their own within by donation

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or otherwise; it shall & may be lawful to the said
Miss the future wife & to the children which may
issue from the said marriage a the
present community to retake freelyclearly &
by all & whatever she may have bought or what
may have happened &befallen to her during said marriage
either by inheritancelifebequest or otherwise - that
the said MarieMarie wife of the said Jean BJean B . Duchouquette
departed this life on the 8th July in year 1818 at StSt Louis.
LouisSt Louis in the Territory of MissouriMissouri& the said Jean BJean B .
Duchouquette on the 23d March in year 1833, at same
place & the said ThereseTherese Delisle widow of JosephJoseph Brazeau BrazeauJoseph Brazeau
departed this life on 3d day of February in year 1834 at same place, that on the 14th February in the year 1817 St LouisSt Louis aforesaid the said ThereseTherese Delisle
widow of Joseph BrazeauJoseph Brazeau & the saidJean BJean B .
Duchouquette & MarieMarie his wife executed under
their hands, & each & without other formality other
than acknowledgment of same before clerk
of circuitcourt of county of StSt Louis LouisSt Louis in said territory
an agreement in writing, whereby for certain
good causes & considerations they the said Duchouquette
& wifepromiseoblige & engage themselves
that at the decease of the said ThereseTherese Delisle widow
of said Joseph BrazeauJoseph Brazeau they will acknowledge declare
& cause to be free & give an act of freedom to the
said mulatto woman MarianneMarianne & the children
she may have so that they may enjoy of their
freedom, that the plaintiff is a child of the saidMarianneMarianne
& wasborn on the tenth day of July in the year 1823, at St LouisSt Louis aforesaid. that the defendant
claims the plaintiff by purchase for a good & considerable
consideration from the heirs of said JeanJean B BJean B . Duchouquette
& MarieMarie his wife made on the 30th day of July - in the year 1834 - & nowholds her in possession

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undersuchpurchase at the time of the commencement
of this suit & now holds her under same
title. Upon whichevidence, no otherbeinggiven the
Court decided on motion of plaintiff that the plaintiff was entitled to recover her freedom to
which decision the deft by his counsel excepts & prays that
the same may be signed &sealed & made a part of the
record which is done accordingly.

Seal

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SallySally
vs
Chouteau

Bill of Exceptions

Filed 10th April 1837

John RulandJohn Ruland Clerk