John N. Lavillebeuvre and William D. Walton v. Peter Powell and Joseph Powell
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No 92

November Term 1835
St. Louis Circuit CourtCircuit Court

JohnJohn N Lavillebeuvre NJohn N Lavillebeuvre . LavillebeuvreJohn N Lavillebeuvre &
WmWilliam D Walton D. WaltonWilliam D Walton
vs.
PeterPeter Powell Powell &
Joseph PowellPeter Powell

.

$ 3000.
Issue

J. SpaldingJ Spalding
atty

filed 24th October 1835

Archibald GambleArchibald Gamble Clerk

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County of Saint LouisCounty of Saint Louis ss
The state of MissouriMissouri

To the sheriff of the county of Saint LouisSt Louis greeting

We command you to summon Peter PowellPeter Powell and JosephJoseph Powell
PowellJoseph Powell that they be and appear before the Judge of our circuit
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
November next then and there to answer unto John N. Lavillebeure
and William D WaltonWilliam D Walton doing business & partners under the
name & Style of Lavillebeuvre & Walton of a plea of trespass on
the case upon promises to the damage of the said plaintiffs
of Three thousand Dollars. And have you then there this
writ

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WitnessArchibald GambleArchibald Gamble Clerk of our
said Circuit CourtCircuit Court at office this twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty five

Archibatd Gamble Clark

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Served this writ in the cityof StLouisSt Louis on the
24th day of October 1835 by offering
read it of the declaration which they
refuse to hear the said defendants JosephJoseph Powell
PowellJoseph Powell & Peter PowellPeter Powell & acknowledged the
of the same

JamesJames Brotherton BrothertonJames Brotherton
Sheriff

Service $2.00
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St. LouisSt Louis Cirucit Court for November Term 1835

County of St. LouisCounty of St LouisSs John N Labillebeuvre & Wil
liam D. Walton doingbusiness &partnets under the name
&style of Lavillebeuvre & Walton by J. SpaldingJ Spalding their attomey
complain of Peter Powell & Joseph Powell of a plea of tre
spass the sameuponpromises. For that the said
defendants heretofore to wit on the twenty second day of March in
this year of ourLord one thousand eight hundred thirty four at
the mouth White RiverWhite River to wit at said County, than dealing
as partners under the name of John Boates made their certain promissory note in writing
dated the day and year aforesaid, now hre to the Court
shown and thereby then and there promised thirty days
from the date thereof to pay Lorenzo N. Clark by the
name and description of L N. Clark or three
thousand five hundred and ninety five dollars and
eleven cents for value received : & then and there de
livered said note to the said Clark : who then and
there assigned made over and endorsed the same
note to the plaintiffs : by whereof the defen-
dants the, and there becuase to pay the
said sum of money in said note specified
to the tenor & effect thereof and of said endorsment
and being so liable, the defendants in considera-
tion thereof afterwards to wit on said day & year
at said place undertook & then there promised
said plaintiffs to pay said sum of money to them according to the tenor &
effect of said note & of said endorsement.

and for that whereas also said defendants heretofore to wit
on the twenty second day of march in the year of our Lord one thousand eight hundred thirty four at the mouth white River
to wit at said county, there together with he doing business as partners
, made their certain other promissory
note in writing in the name of JohnJohn Coates CoatesJohn Coates , dated the
day and your aforesaid, which is now here to the Court
shown, & thereby then & there promised thirty days from
the date thereof to pay N. Clarke or
three thousand five hundred and ninety five dollars and

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said note to ,
made over and endorsed the same to the plaintiffs
by means whereof the defendants then and there be
came liable to pay said plaintiffs said sum of money
according to the tenor& effect of said note & of saiden-
dorsement : I being so liable,, the defendants in
consideration thereof afterwards to wit on said day
and year and at said place undertook & then
and there & there promised said plaintiffs to pay
them said sum of money according to the tenor & ef-
fect of said note and ofsaid endorsement.

and for that whereas also heretorfore to witon the twenty second day of march in the year of our Lord one thousand eighty hundred thirty four at said mouth White RiverWhite River
to wit at said County, one JohnJohn Coates CoatesJohn Coates , was indebted
unto one Lorenzo Clark in the amount of a promise
made in writing his promissory note of that date whereby he
promised thirty days from the date thereof to pay LorenzoN.
Clark or order three thousand five hundred and ninety
five dollars & elevencents for valvue reserved : which note said
CoatesCoates then and there delivered to said Clark who then & there
made over and endorsed the same note to the plaintiffs : whereby
the said CoatesCoates became & was indebted to the plaintiffs in
the amount ofsaid note of which he afterwards to wit then & there had notice : and the plaintiffs further say that, after
wards to wit then & there the said defendants became and
were indebted unto the said CoatesCoates for & goods
wares & merchandise by him sold & delivered to them
before them, in the sum of three thousand five hundred
and ninety five dollars eleven cents : and that afterwards
and before any portions of either of the debts in this court
metioned had been paid, to wit on the twenty fourth day
of may in the year of our Lord one thousand eight
hundred thirty four at saidcounty,, it was mutually
agreed by & between the said plaintiffs and the said de-
fendants and the said CoatesCoates each with the others,
that the said defendants should pay to said plaintiffs
the said said amount above mentioned in which they
wereindebted to said CoatesCoates as aforesaid, in satisfaction
of the said debt due from saidCoatesCoates to said plain
tiffs as aforesaid, they the said defendants well know-

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St. Louis Circuit CourtCircuit Court for November Term 1838
County of St. LouisCounty of St Louis Ss: John N. Lavillebeuvre & William D. Wal-
ton partners doing business and in the style and form of Lavillebeuvre
& Walton by J SpaldingJ Spalding their attorny complain of PeterPeter Powell Powell
& Joseph PowellPeter Powell reading having & doing business under the style and
firm of P J. Powell of a plea of trespass on the case
upon promises for that

ing that said CoatesCoates was indebted to the plaintiffs as afore-
said: in consideration of which agreement and assent of the
said defendants CoatesCoates and said plaintiffs thereto, they the said defendants
then and there undertook and promised the said plaintiffs
that they said defendants would meant to the plaintiffs the
amount of said note by the michigan or Boousbik then
bying at St. LouisSt Louis: which Michigan & Boonslick were steam
Boats: then soon to leave St. LouisSt Louis for New OrleansOrleans
where the plaintiffs resided. And the plaintiffs in part say
that the said defendants did not remit said amount
of money specified in said note nor any money to the
plaintiffs by said steam Boats or in any other man-
ner: at through said Boats afterwards to wit on the twen-tieth day of June in the year aforesaid made their
voyage from St LouisSt Louis to New OrleansOrleans: nor have
said defendants paid to said plaintiffs said sum of money
or any part thereof though often requested to
do so to wit at said county, or otherwise satis-
fied or dicharged then said assumpsets & agreement,

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and For that, whereas, the said defendants heretofore, to wit: on the
first day of october in the year of our Lord one thousand eight hundred and thirty five at said county were indebted unto said plaintiffs in the
sum of three thousand
dollars, for the work and labor, care and diligence of the said plaintiffs by the said plaintiffs before that time done,
performed, and bestowed in and about the business of the said defendants and for the said defendants and at their
special instance and request: And Also, in the further sum of three thousand
dollars, of like lawful money, for divers goods, wares and merchandise, by the said
plaintiffs before that time sold and delivered to the said defendants and at their like special instance and request:
And Also, in the further sum of three thousand
dollars, of like lawful money, for money by the said plaintiffs before that time lent
and advanced to, and paid, laid out and expended, for the said defendants and at their like special instance and
request: And Also, in the further sum of three thousand
dollars, of like lawful money, for other money by the said defendants before that time had and received to and for the use
of the said plaintiffs; and being so indebted, the said defendants, in consideration thereof, afterwards, to-wit: on the
day aforesaid, at the place aforesaid, undertook, and then and there faithfully promised the said plaintiffs to pay them
the said several sums of money, in this count mentioned, when the said defendants should be thereunto afterwards requested.

And whereas, also, said defendant afterwards, to-wit: on the day and year, and at the county last afore-
said, accounted with said plaintiffs of, and concerning divers other sums of money from the said defendants to the said
plaintiffs before that time due and owing, and then in arrear and unpaid, and upon such accounting the said defendants were
then and there found in arrear and indebted to the said plaintiffs in the further sum of three thousand
dollars, like lawful money, and being
so found in arrear and indebted, said defendants in consideration thereof, afterwards, to-wit, on the day and year last
aforesaid, at said county, undertook, and then and there promised said plaintiffs to pay them said last mentioned
sum of money, when they said defendants should be thereto afterwards requested.

Nevertheless, said defendants, although often requested to do so, have not as yet paid said several sums of
money above mentioned, or either or any part of either of them; or kept their said agreements but to do so have refused, and still refuse: to the damage
of said plaintiffs of three thousand
dollars, and therefore they bring their suit &c

J. SpaldingJ Spalding
atty for plffs

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I agree to pay all costs that may accrue
in the wit commenced by above declarations, wit-
ness my hand and seal.

Wm A

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No 92

St Louis Circuit CourtCircuit Court
November Term 1835

PeterPeter Joseph PowellJoseph Powell
ats
JohnJohn N Lavillebeuvre NJohn N Lavillebeuvre . LavillebeuvreJohn N Lavillebeuvre &
WmWilliam D Walton D. WaltonWilliam D Walton

Pleageneral issue

J. Polkatty for Defts

filed Nov 14 1835

AG Clk

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clerk Gambles fees $1-13

fee book - 229

Verdict for plaintiffs book 8 page 325 & motion to set aside verdict & continued 412
verdict for defts book 9 page 460 motion for new trial overruled 475

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St Louis Circuit CourtCircuit Court
March Term AD 1835

State of MissouriMissouri
County of St LouisCounty of St Louis ss

Powell
Lavillebeuvre
WillianD Walton

And the paid defendants by
T. PolkT Polk their attorney come & defend the
wrong & injury when &candsaith that
they did not undertake promise in manner and form
as the said plaintiffs have above thereof complained against these
and of this they putthemselvesupon the county &c

TT Polk . PolkT Polk atty for Defts

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Lavillebeuvre & Walton
vs
P.&.J. Powell

notice

Recd a copy of within
this 19th February 1836
from J. SpaldingJ Spalding

JosJos Powell PowellJos Powell

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John NJohn N Lavillebeuvre . LavillebeuvreJohn N Lavillebeuvre &
William D WaltonWilliam D Walton
vs.
PeterPeter Powell Powell &
Joseph PowellPeter Powell

St. Louis Circuit CourtCircuit Court.

Take notice that on the 1st day of April in the year of our Lord one thousand eight hundred and thirty six between the
hours of eight in the forenoon and six in the afternoon, of
that day, at the counting house of Lavillebeuvre &
Walton in the City of New OrleansOrleans in the state of
LouisianaLouisiana
depositions will be taken by the undersigned, to be read on the trail of the
above entiled case, on behalf of the plaintiffs; and that the taking
of said depositions, if not completed on that day, will be continued from day to
day at the same place and between the same hours, until completed.

To the above named defen
dants

15 Febry 1836

JohnJohn N Lavillebeuvre NJohn N Lavillebeuvre .LavillebeuvreJohn N Lavillebeuvre &
Wm D Walton

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Countyof Saint LouisSt Louis, Sct.
The State of MissouriMissouri,

To any Judge or Justice of the Peace or other Judicial officer of the State of LouisianaLouisiana
Greeting:

We, reposing special trust and cofidence in your integrity and circumspection, do authorize and require you that
you cause to come before you such person or persons as shall be named to you by JohnJohn N Lavillebeuvre NJohn N Lavillebeuvre .. LavillebeuvreJohn N Lavillebeuvre
& William D. WaltonWilliam D Walton , their
Attorney or Agent, and him or them ezamine 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. LouisCounty of St Louis, wherein said Lavillebeuvre & Walton
are plaintiffs and PeterPeter Powell Powell & Joseph
PowellPeter Powell are defendants on the part of the plaintiffs and having
so reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, to-
gether with this commission, enclosed under your seal, to our said Circuit CourtCircuit Court , with all convenient speed.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 19th day of Febraury in the year of our Lord one thousand eighty hundred and thirty-six.

Jn. RulandJohn Ruland

Clerk C.C.
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Served by reading to ESBeebe on the 1st March 1836 in St Louis County

JJames Brotherton BrothertonJames Brotherton Shff
by G HammondG Hammond Depty

service 50 cts
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March Term 1836.

John NJohn N Lavillebeuvre . LavillebeuvreJohn N Lavillebeuvre &
William D. WaltonWilliam D Walton
vs.
PeterPeter & Joseph Powel

ForPltfs
EdwdS. Beebe

8th Aprl. 1836

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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
Edward S. Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the eighth day 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 John NJohn N Lavillebeuvre . LavillebeuvreJohn N Lavillebeuvre & William D. WaltonWilliam D Walton are
plaintiffs and PeterPeter and Joseph PowellJoseph Powell
are defendants on the part of the
plaintiffs and have you then and there this writ.

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

Jn. RulandJohn Ruland Clerk, C. C.

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10 m

St Louis Circuit CourtCircuit Court
March Term 1836

Lavillebeuvre & Walton
vs

PeterPeter & Joseph PowellJoseph Powell

summon
Thomas J. StuartThomas J Stuart

Dfts
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Executed this writ by reading it to
ThomasJSteward, in the CountyCounty of St Louis ofCounty of St Louis StCounty of St Louis
LouisCounty of St Louis on the 25th day of March 1836

James BrothertonJames Brotherton Shff
By MM Brotherton BrothertonM Brotherton D Shff

service 50
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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
Thomas J. StuartThomas J Stuart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the Eighty day 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 John N. Lavillebeuvre and William D. WaltonWilliam D Walton are
plaintiffs and PeterPeter and Joseph PowellJoseph Powell are
defendants on the part of the
defendants and have you then and then and there this writ.

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Witness,John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this Tenth 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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Depositions of Witness produced from and
examined at the County house of
Lavillebeuvre and WaltonWalton in the City of
New OrleansOrleans and State of LouisianaLouisiana
before me EdwardEdward Rawls, Associate
Judge of the City Court of New OrleansOrleans
in a certain cause now pending in the
St. Louis Circuit CourtCircuit Court in the StateMissouri
ofMissouri MissouriMissouri between John NJohn N Lavillebeuvre .LavillebeuvreJohn N Lavillebeuvre
and William D.Walton, Plaintiffs and
Peter PowellPeter Powell and Joseph PowellJoseph Powell
defendants on the part of the
Plaintiffs

T. P. Lavillebeuvre, of lawfull age, being produced
from and examined on the part of the
Plaintiff deposeth and saith
that the firm of LavillebeuvreLavillebeuvre and WaltonWalton
is composed J. N. Lavillebeuvre and
William D. WaltonWilliam D Walton -- that the said
firm has existed previous to the year
one thousand eight hundred and thirty
three and since.

That the annexed copy of letter
marked AB is [ truely ] made from the letter
book of said LavillebeuvreLavillebeuvre and WaltonWalton
and that the original letter letter

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to P. & J. Powell, St. LouisSt Louis, from said
firm was copied by this deponent into
the letter book aforesaid.- that said
letter was put aboard a steamboat
for St. LouisSt Louis deponent beleives, the
Boonslick- and deponent has no intrest
in this cause.

Thomas P LavillebeuvreLavillebeuvre

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I EdwardEdward Rawls Associate Judge of the City
Court of New OrleansOrleans, do hereby certify
that Thomas P.LavillebeuvreLavillebeuvre , the deponent,
whose pleace of Residence in New OrleansOrleans
in the State of LouisianaLouisiana was by me
sworn to testify the whole truth of his
knowledge touching the matter in
controversey in the cause aforesaid,-
that deponent was examined and his
examination reduced to writing by me
and subscribed by said deponent in my
presence on the third day of May in the year eighteen hundred and thirty six, between
the hours of eight in the forenoon and
six in the afternoon at the Counting house
of Lavillebeuvre & Walton in the City of
New OrleansOrleans in the State of LouisianaLouisiana.

Given and certified this third day of April 1836

EdwardEdward Rowls
Judge

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(copy)

15th May 1834

P & J Powell
St LouisSt Louis

Some time in March
last Mr.CoatesCoates at the mouth of white River
purchased a lot of skins for your
and wrote us under date of 18th April that you
would remit us the amount by first
which we have heard no they further
on the subject

We are much disappointed by not receiving
the money, as we have heavy payment to make
on of the owner of the skins one a you
remit the amount as soon as possible

respectifully

Your
Lavillebeuvre & Walton

AB
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(Copy)

St LouisSt LouisMay 24th 1834

WitnessLavillebeuvre& Walton

Gentlemen

We are in receipt of
your letter of 15th just,apprising us of your having
a note of Mr.CoatesCoates which we to settle

In regard to the note we should make the
by the MichiganMichigan or Boonslick nowhere
which will be within the time named to MrCoatesCoates
and we would make the the facts of
the case are that MrCoatesCoates made a purchase
of deerskins on our tho in doing so he
>supplied>transcended his instuctions as to price and
assortmnet he gave his note for the purchase
at 30 days on the fact we apprised
him, that the skins might be shipped to us on
Certain Conditions, and one of than was, that the
payment would be made within to days from
reciept the persons of whom the purchase was
made, would be well paid of paid within
one year, as the price obtained was 20 percentmore
than they could have been sold for at
or any other market yet sue dispersed to
Mr Coats from a responsibility
had committed an error, in purchasing at the
price he did by one of the

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Boats we thought the above explanation due,
as you might have concluded that we were
behind our Engagements

Signed Respectfully Yours
P & J Powell

Signed
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(copy)

St. LouisSt LouisMay 31 1834

Lavillebeuvre& Walton

Gentlemen

We contemplated when
Mr. Coat wrote you to remit you by this
the of note in your hands, made by Mr
Jn Coats The non receipt of government funds
which had been onfidently expected to arrive
here this week on which we held claims-has
prevented us from making the remittance,
we hope Eve the leaves, she is now her
we may be able to remit the amount by her,
we hope this delay of a few days willnot
much against your interest

Yours
P & J Powell

signed
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Depositions of witnesses prodiced
sworn and examined at the counting
House of Lavillebeuvre & Walton
in the City of New OrleansOrleans and
State of Louisisiana before me, C
W. one of theassociate
Judges of the City Court of New Or-
leans State of LouisianaLouisiana in a
certain cause now depending in
the Saint Louis Circuit CourtCircuit Court in
the state of MissouriMissouri between JohnJohn N Lavillebeuvre
NJohn N Lavillebeuvre LavillebeuvreJohn N Lavillebeuvre and William. D Walton
Plaintiffs and Peter PowellPeter Powell and JosephJoseph Powell
PowellJoseph Powell Defendants on the part of the
Plaintiffs.

T. ClaudeLavillebeuvre of lawful age,
being produced, sworn and examined,
on the parts of the Plaintiff deposeth
and saith that he is well a acquaint-
ed with the hand writing of Lo-
renzo N Clarke that the assignment
on the back of the note, drawn by
JohnJohn Coates CoatesJohn Coates in favor of Lorenzo N.
Clarke, dated WhiteWhite River RiverWhite River,March 22d 1834 for the sum of $3595 payable

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at thirty days after date, and
the said assignement law to
Lavillebeuvre&Walton
of the City of New OrleansOrleans the
said note marked A C.W.S, being
exhibited to the witness and be
examined said note in the hand
writing of the said Lorenzo N. Clark
and that the said signature to said
assingnments and said note of Lo-
renzo N. Clarke is the genuine sig-
nature of Lorenze. N. Clarke.

Thomas P LavillebeuvreLavillebeuvre

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I, Chas W.Schaumburgh, associate Judge
of the city Court of New OrleansOrleans do
hereby certify ThosThomas Placide La-
villebeuvre, the deponents whose
place of residence is the City of New
OrleansOrleans in the State of LouisianaLouisiana
was by me sworn to testify the whole
truth of his knowledge touching the
matter in controversy in the cause
aforesaid, that deponant was ex-
amined, and his examination redu-
ced to writing, and subscribed by

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said deponant in my presence on
the 15th day of April in the years eighteen hundred and thirty six, be-
tween the hours of Eight in the
forenoon and six of the afternoon,
at the counting house of Laville
beuvre & WaltonWalton in the city of
New Orleans, State of LouisianaLouisiana

Given and certified, the fifteenth day of April 1836.

C WSchaumburgh

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Young Stephenson of lawful age
being produced sworn and exami-
ined on the part of the plain
tiffs deposeth and saith that he
was well acquainted with John
Coats that he also was well ac
quainted with the hand writing
of said John CoatesJohn Coates from holding
Bills and receipts in his possession
written and signed by said JohnJohn Coates
CoatesJohn Coates and that this witness does
verily belive the signature to
the

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to the note descri-
bed in the testimoney of the first
witness and which is exhibited
to the witness is the genuine
signature of the said JohnJohn Coates
CoatesJohn Coates , further that the witness
has heard that said John CoatesJohn Coates
is dead and has every reason to
believe that he is really deseased

YoungStephenson

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I ChasW. Stephenson one of the
associate Judges of the City Court of
New OrleansOrleans do hereby certify that
Young Stephenson, the deponent
whose place of residence is New
OrleansOrleans in the state of Louiscaua
sowrn to testify the whole
truth of his knowledge touching the mat-
ter in controversy in the cause afore-
said that deponant was examined, and
his examination reduced to writing and
subscribed by said deponants in my pre-
sence on the 18th day of april 1836, between
the hours of 8 in the forenoon and 6
of the afternoon at the country house of
Lavillebeuvre & Walton in the City of New OrleansOrleans
state of Louisana.

Given and certified, the
15 April 1836

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I Chas. W. Schaumburgh, one of the
associate Judges of the City Court
of New Orleans,, State of LouisianaLouisiana
do certify, that in pursuance of
the commission and
notice, cause before me at the
Counting House of Lavillebeuvre
& Walton in the city of New OrleansOrleans
and State of LouisianaLouisiana. Thomas
P.Lavillebeuvre and Young StephenStephen
son, who where there by me sworn
and examined and examination
reduced to writing and subscribed
by them respectively in my pre-
sence, and their said depostitions
are now herewith returned.

Given at the City of New OrleansOrleans
in the Parish of Orleans State
of LouisianaLouisiana this 15th April 1836

C W Schaumburgh
Judge

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E 7 June

July Term 1836

Lavillebeuvre & Walton
vs
P. & J. Powell

Dfts

Tho. J. Stuart (of the
firm of McKee Stuart & Lind)

25 July
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Served this writ by Reading it
to Thomas J StewartThomas J Stewart on the 15th day of July 1836 in the county
of St LouisSt Louis

James BrothertonJames Brotherton Shff
By M BrothertonM Brotherton D Shff

Service 50
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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
Thomas &. Stewart
that setting aside all manner of excuse and delay, he be and appear in proper person.
before the Judge of our Circuit CourtCircuit Court , on the 25th July 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 Lavillebeuvre & Walton
and plaintiffs and P. & J. Powell
and defendants on the part of the
defendants and have you then and there this writ.

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Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 7th 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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Thomas J StewartThomas J Stewart not found
in my county

James BrothertonJames Brotherton Shff
By M BrothertonM Brotherton Dshff

ononest 12 1/2
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E.

Nov. T. 1836

Lavillebeuvre & Walton
vs
P. & J. Powell

Dft.-

Thos. G. Stewart

29 Nov.
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon
Thos. J. Stewart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 29 Nov. inst.
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 Lavillebeuvre & Walton
and defendants on the part of Deft
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 18th day of Nov. in the year of our Lord, one thousand eight hundred and thirty- six.

Jn. RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Thomas J StewartThomas J Stewart not found
in my County

James BrothertonJames Brotherton Shff
By M BrothertonM Brotherton D Shff

ononest 12 1/2
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[missing figure]
E.

Nov: Term 1836

Lavillebeuvre & Walton
vs
P. & J. Powel

Defts:

Thos. J Stewart

7th Dec.
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon Thos. J. Stewart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 7th Dec. inst.
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 Laveillebeuvre & Walton
are plaintiffs and P. & J. Powel
are defendants on the part of the Defts.
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 3d. day of Dec. in the year of our Lord one thousand, eight hundred and thirty six.

Jn. RulandJohn Ruland

Clerk, C.C.
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[missing figure]
ant

March Term ant adjd 1838

Lavillebeuvre & Walton
vs
P & J Powell

Deft

Thos J Stewart

12th April
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[missing figure]

Served this writ on Thomas J StewartThomas J Stewart
on the 22nd March 1838 in the county of
St LouisSt Louis

James BrothertonJames Brotherton Sheriff
By J Gordon DJ Gordon D shff

Service $.50
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[missing figure]

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

To the Sheriff of St. LouisSt Louis county---Greeting.

You are hereby commanded to summon Thomas J StewartThomas J Stewart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 12th 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 J U Lavillebeuvre & W D WaltonW D Walton are
plaintiffs and PeterPeter & Jos PowellJos Powell are
defendants on the part of deft
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 19th day of March in the year of our Lord, eighteen hundred and thirty- seven

Clerk, C. C.

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[missing figure]
ant

March Term 1837

Lavillebeuvre & Walton
vs
P. & J. Powell

Defendants
Summon

Thomas J. Stewart

1st May
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[missing figure]

Thos J Stewart not found

James BrothertonJames Brotherton Sheriff

non est $.12
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon Thomas J. StuartThomas J Stuart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 1st day of May 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 Lavillebeuvre & Walton are
plaintiffs and PeterPeter & Joseph PowellJoseph Powell are
defendants on the part of the defendants
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 27 day of April in the year of our Lord, one thousand eight hundred and thirty- 7.

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]
ant

March Term 1837

Laveillebeuvre & Walton
vs
P & J. Powell

for plaintiffs sum

Edward H. Beebe
James BJames B . Hill

1st May
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[missing figure]

Served this writ by Reading it
to the within named witnesses
in the county of St LouisSt Louis

James BrothertonJames Brotherton Shff
By M BrothertonM Brotherton Dshff

Serv $ 1.00
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon. Edward H. Beebe, James BJames B . Hill
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 1st day of May 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 Laveillebeuvre & Walton are
plaintiffs and PeterPeter & Joseph PowellJoseph Powell are defendants, on the part of the plaintiffs
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 27 day of April in the year of our Lord one thousand, eight hundred and thirty 7

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]
ant

March Term 1837

Lavillebeuvre & Walton
vs
P. & J. Powell

Plff

Edwd. S. Beebe

24 March
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[missing figure]

Executed this writ By reading it to
Edward H Bebee 23rd February 1837
in the County of St LouisCounty of St Louis

James BrothertonJames Brotherton Sheriff
By L Gordon Depty Shff

Service $.50
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon
Edward S. Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 24th day of March 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 John N. Laveillebeuvre & WmWilliam D Walton D. WaltonWilliam D Walton
are plaintiffs and PeterPeter & Joseph PowellJoseph Powell
are defendants on the part of the plain-
tiffs and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit court, at the
City of St. LouisCity of St Louis, this 8th 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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[missing figure]

Thomas J StewartThomas J Stewart not found in
my County

James BrothertonJames Brotherton Sheriff

nonest $12.00
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[missing figure]
ant

March T. 1837

Lavillebeuvre & Walton
vs
P. & J. Powell

Deft.

Thos. J. Stewart

24 March
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting

You are hereby commanded to summon
Thomas J. StuartThomas J Stuart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 24th of March 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 John N. Laveillebeuvre & WmWilliam D Walton D. WaltonWilliam D Walton
are plaintiffs and PeterPeter & Jos. Powell
are defendants on the part of the
defendants and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 8th 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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[missing figure]

James BJames B Hill not found
in my county

James BrothertonJames Brotherton
Sheriff

nonest $-12
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[missing figure]

March Term 1837

Lavilleboure WaltonWalton
vs
P & J Powell

James BJames B . Hill

27th March
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded summon HenryHenry Bell
James BJames B . Hill
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit court, on the forthis present
day 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 Lavellebeuvre & Walton are
plaintiffs and P. & J. Powell are
defendants on the part of
plaintiffs and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 27th 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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[missing figure]

served this

Thomas J StewartThomas J Stewart not found in my
County

James BrothertonJames Brotherton Sheriff
By Joseph WJoseph W McClung Dshff

Non Est $.12 1/2
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[missing figure]

July Term 1837

Laveillebeuvre & Walton
vs
P. & J. Powell

defendants

Thomas J StewartThomas J Stewart

21st July
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thomas J. StuartThomas J Stuart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 21st July 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 John N. Laveillebeuvre & William D WaltonWilliam D Walton are
plaintiffs and PeterPeter & Joseph PowellJoseph Powell are
defendants on the part of the defendants
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 19 day of June in the year of our Lord, eighteen hundred and thirty- 7

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Served this writ on Edward H
Behee June 27th 1837 in the county of
St LouisSt Louis

James BrothertonJames Brotherton Sheriff
By J Gordon DJ Gordon D Shff

Service $ .50
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[missing figure]
ent

July Term 1837

Laveillebeuvre & Walton
vs
P. & J. Powell

plaintiff

Edward H. Beehe

21 July
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Edward H. Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 21st July next
at the city of St. LouisSt Louis, then and thre to Testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein John N. Laveillebeuvre & William D. WaltonWilliam D Walton are
plaintiffs and PeterPeter & Joseph PowellJoseph Powell are
defendants on the part of the plaintiffs
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 19 day of June in the year of our Lord, eighteen hundred and thirty- 7

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Lavillebouvre & Walton
vs
P & J Powell

attach

E H Behee

27th July
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[missing figure]

Execused by the
court

J BrothertonJames Brotherton
Sheriff

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[missing figure]

Served & have the Body of
E H Behee in open court

July 27th 1837

James BrothertonJames Brotherton Sheriff
By G Gordon D Shff

service $1.00
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

We command you to attach Edward H Bebee
by his body and him safely keep, so that you have his body before
the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for the County ofCounty of St Louis
St. LouisCounty of St Louis, on the 27th day of July instruct 1837 then and there to testify
and the truth to say in a certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between
Lavillebouvre & Walton are plaintiffs and P & J Powell
are defendants wherein the said Edward H Behee
has heretofore been summoned on the part of the said

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 26th day of July in the year of our Lord one thousand eight hundred and thirty seven

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

ent

Lavillbouvre & WaltonWalton
vs
P & J Powell

not for deft

John HJohn H WilsonWilson

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[missing figure]

Served this writ on John
WilsonWilson on the 28th day of July 1837 in the county of St LouisSt Louis

James BrothertonJames Brotherton
Shff

Serv 50ct
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon John HJohn H WilsonWilson
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the Twenty sixth day of July AD 1837 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 John Lavillebeuvre & William D WaltonWilliam D Walton are
plaintiffs and PeterPeter Powell Powell & Joseph PowellPeter Powell are
defendants on the part of the defendants
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this Twenty sixth day of July in the year of our Lord, eighteen hundred and thirty- seven

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Served this writ on EdwardEdward H Beebe
H BeebeEdward H Beebe on the 12th day of Augt 1837 in the county of St LouisSt Louis

James BrothertonJames Brotherton
Shff
By M BrothertonM Brotherton
Dshff

Service 50 cts
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[missing figure]
ant

July Term 1837

J N Laveillebeuvre & W D WaltonW D Walton
vs
P & J Powell

plff

E H BeebeEdward H Beebe

1st Septr
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Edw H BeebeEdward H Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 1st day of Septnext
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 J N Laveillebeuvre & W D WaltonW D Walton are
plaintiff and P & J Powell
defendant on the part of Plffs 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 fifth day of August in the year of our Lord, eighteen hundred and thirty- 7

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Served this writ on JohnJohn H
HJohn H WilsonWilson on the 30th day of July 1837 in the county of
St LouisSt Louis

James BrothertonJames Brotherton
By M BrothertonM Brotherton
D Shff

Serv 50 cts
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[missing figure]
ent

July Term 1837

J Laivellabeuvre & W D WaltonW D Walton
vs
P & J Powell

Deft

Jn: H WilsonWilson

1st Sept
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon John HJohn H WilsonWilson
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 1st day of Sept
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 J Laveillebeuvre & W D WaltonW D Walton are
plaintiff and P & J Powell are
defendant on the part of deft
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 fifth day of Augt in the year of our Lord, eighteen hundred and thirty- Seven

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Served this writ on Thos
J Stewart on the 12th day of August 1837 in the county
of St LouisSt Louis

James BrothertonJames Brotherton
Shff
By M. BrothertonM Brotherton
Dshff

serv 50 cts
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[missing figure]
Ent

July Term 1837

J U Laveillebeuvre &
W D WaltonW D Walton
vs
P & J Powell

Deft

Thos J Stewart

1st Sept
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thos J Stewart
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 1st day of sept 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 J U Laveillebeuvre & W D WaltonW D Walton are
plaintiff and P & J Powell are
defendant on the part of deft
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this fifth day of Augt in the year of our Lord, eighteen hundred and thirty-seven

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Ent

Lavellebeuvre & Walton
vs
P & J Powell

summon

Thos J Stewart

for deft
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[missing figure]

Executed this writ on Thos. J Stewart on the
4th day of September, 1837

James BrothertonJames Brotherton Sheriff
By Joseph W W Dshff

Service 50s
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thomas J StewartThomas J Stewart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the fourth day of September
Inst 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 Lavillebeuvre & Walton are
plaintiffs and PeterPeter & Jos. Powell are
defendants on the part of the defendants
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 4th day of September in the year of our Lord, eighteen hundred and thirty-seven

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Lavillebeuvre & Walton
vs
P & J Powell

Summon

Thos. J Suart

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[missing figure]

Served this writ on Thos J Stewart
Septs 6th 1837 in the county of St LouisSt Louis

James BrothertonJames Brotherton Sheriff
By J GordonJ Gordon Dsheriff

Service $ 50
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thos. J. Stuart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the Sixth day of September Inst 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 Lavillebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of the defendants
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 6th day of September in the year of our Lord, eighteen hundred and thirty-seven

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Ent

Lavellebeuvre& Walton
vs
Powell & Powell

Subpoerna for

E HEdward H Beebe & BeebeEdward H Beebe for
Plff

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[missing figure]

Served this writ on E H BeebeEdward H Beebe
7th Septer 1837 in the County ofCounty of St Louis
St LouisCounty of St Louis

James BrothertonJames Brotherton Sheriff
By J Gordon DJ Gordon D Shff

Service $0.50
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon Edward H Beehe
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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of Plaintiffs
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 7th day of September in the year of our Lord one thousand, eight hundred and thirty seven

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

served this writ on Thomas J. Stewart
Novr 16th 1837 in St LouisSt Louis county

James BrothertonJames Brotherton Sheriff
By. J Gordon DJ Gordon D Shff

Service $ 50
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[missing figure]

Novr. Term 1837

Lavillebeuvre & Walton
vs
P & J Powell

Deft

Thos. J. Stewart

23d Novr
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Thos J Stewart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 23d Novr 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 J U Lavellebeuvre & W D WaltonW D Walton are
plaintiffs and P & J Powell are
defendants on the part of Defts
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 7th day of Octr in the year of our Lord, eighteen hundred and thirty-seven

Jn. RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Served this writ on the within named
witness 22nd Novr 1837 in the county of
St LouisSt Louis

James BrothertonJames Brotherton sheriff
By J GordonJ Gordon Dshff

Service $.50
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[missing figure]
Ent

Novr. Term 1837

J U Lavellebeuvre & W D WaltonW D Walton
vs
P & J Powell

Plff

E H BeebeEdward H Beebe

22 23d Novr
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting:

You are hereby commanded to summon Edw: H Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 23d November 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 J U Lavellebeuvre & Wm D Walton are
plaintiffs and P & J Powell are
defendants 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 17th day of Octr in the year of our Lord, eighteen hundred and thirty-seven

Jn. RulandJohn Ruland

Clerk, C.C.
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[missing figure]

not found on account of the Adjournment of
Court

James BrothertonJames Brotherton Sheriff

View original image: Page  071
[missing figure]

March 7 1837

Lavillebeuvre & Walton
vs
P & J Powell

22d March Plff

Thos. J Stuart

View original image: Page  072
[missing figure]

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

To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Thomas J. StuartThomas J Stuart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 22 March next
at the City of St. LouisCity of St Louis, then and there to Testify,
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein Lavillebeuvre & Walton are
plaintiff and P & J Powell are
defendants on the part of the defendants,
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this >9 day of February in the year of our Lord, eighteen hundred and thirty-8

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Executed this writ by reading the same to E HEdward H Beebe
BeebeEdward H Beebe on the 28th day of February, 1838, in
the County of St. LouisCounty of St Louis

James BrothertonJames Brotherton Sheriff
By Joseph W M Clurg Dshff

Service 50 cts
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[missing figure]

March T. 1838

Lavillebeuvre & Walton
vs
P. & J. Powell

22d March plff

E. H. Beebe

28
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Edward H BeebeEdward H Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 22 day of March 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 Lavillebeuvre & Walton are
plaintiff and PeterPeter & Joseph PowellJoseph Powell are
defendant on the part of the plaintiffs
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 9 day of February in the year of our Lord, eighteen hundred and thirty-8

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

March Term Adj 1838

Lavellebeuvre & Walton
vs
P & J Powell

Plff.

E H BeebeEdward H Beebe

12th April
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[missing figure]

Served this writ on Edward H Bebee
on the 21st day of March 1838 in the county of St LouisSt Louis

James BrothertonJames Brotherton Sheriff
By J Gordon DJ Gordon D Sheriff

service $ .50
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Edw H BeebeEdward H Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 12th 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 J M Lavillebeuvre & W D WaltonW D Walton are
plaintiffs and PeterPeter & Jos PowellJos Powell are
defendants on the part of Plff
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 19th day of March in the year of our Lord, eighteen hundred and thirty-

Jn. RulandJohn Ruland Clerk, C.C.
by
Geo A HydeGeo A Hyde Depty

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[missing figure]

Executed this writ & have now the body
of Thomas J StewartThomas J Stewart in open court
April 18th 1838

James BrothertonJames Brotherton Sheriff
By J GordonJ Gordon Depty

Service $ 1.00
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[missing figure]

Lavillebeuvre & Walton
vs
P & J. Powell

Attach Thos J Stewart

for Defts
View original image: Page  077
[missing figure]

Execured by the court

J BrothertonJames Brotherton

View original image: Page  078
[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

We command you to attach Edward H BeebeEdward H Beebe Thomas J. Stewart
by his body and him safely keep, so that you have his body before
the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for the County of StCounty of St Louis.
LouisCounty of St Louis, on the 18th instant183 then and there to testify and
the truth to say in a certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between
Laveillebeuvre & Walton are plaintiffs and P & J. Powell
defendants wherein the said StewartStewart
has heretofore been summoned on the part of the said

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this 17th day of April in the year of our Lord one thousand eight hundred and thirty eight

John RulandJohn Ruland

Clerk, C.C.
View original image: Page  079
[missing figure]

July Term 1838

Lavellebeuvre & Walton
vs P & J Powell

Deft

T J Stewart

19th July
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[missing figure]

Thos. J Stewart not found in my County

James BrothertonJames Brotherton Sheriff By

non est 12 1/2
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Thomas J StewartThomas J Stewart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 19th July inst
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 Lavellebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of defts
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 2nd day of July in the year of our Lord, eighteen hundred and thirty-Eight

Jho RulandRuland Clerk, C.C.
by
Geo A HydeGeo A Hyde Depty

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[missing figure]

Executed this writ by reading it to
E H BeebeEdward H Beebe on the 23d day of July, 1838 in the County of St. LouisCounty of St Louis

James BrothertonJames Brotherton Sheriff
By Joseph W M Clurg Dshff

Service $ 1.00 18 1/2 $ 1.12 1/2
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[missing figure]

July Term 1838

Lavellebeuvre & Walton
vsP & J Powell

Plff

E H BeebeEdward H Beebe

23 23d 19th July
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting,

You are hereby commanded to summon E H BeebeEdward H Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 23d 19th July inst
at the city of St. LouisSt Louis, then and there to Testify,
and the truth to say, in a certain matter of countroversy now pending in our said Court,
wherein Lavellebeuvre & Walton are
plaintiff and P & J Powell are
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 Second day of July in the year of our Lord, eighteen hundred and thirty-Eighth

Jho RulandRuland Clerk, C.C.
by
Geo Hyde Depty

View original image: Page  083
[missing figure]

July Term 1838

Lavellebeuvre & Walton
vs
PeterPeter & Joseph PowellJoseph Powell

deft

Thomas J StewartThomas J Stewart

20th August
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[missing figure]

Thos. J Stewart not found in my
County

M BrothertonM Brotherton Shff

Nonest 12 1/2
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[missing figure]

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

To the sheriffM BrothertonM Brotherton Elizor of St. Louis County---Greeting.

You are hereby commanded to summon Thomas J StewartThomas J Stewart
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 20th August inst at the City of St. LouisCity of St Louis, then and there to Testify,
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein Lavellebeuvre & Walton are
plaintiffs and P & J Powell are
defendants on the part of Defdts.
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 2 day of August in the year of our Lord, eighteen hundred and thirty-Eight

Jho RulandRuland Clerk, C.C.
by
Geo A HydeGeo A Hyde Depty

View original image: Page  085
[missing figure]

Served this writ by reading it to Edw HEdward H Beebe
BeebeEdward H Beebe on the 16th day of August 1838 in the
County of St LouisCounty of St Louis

Marshall BrothertonMarshall Brotherton Sheriff
By S Taylor Dshff

Service 50 cents
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[missing figure]

July Term 1838

Lavellebeuvre & Walton
vs
PeterPeter & Joseph PowellJoseph Powell

Plff.

Edw H BeebeEdward H Beebe

16 20th August
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[missing figure]

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

To the SheriffM BrothertonM Brotherton Elizor of St. Louis County---Greeting.

You are hereby commanded to summon Edw H BeebeEdward H Beebe
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit court, on the 20th August inst at the City of St. LouisCity of St Louis, then and there to Testify,
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein Lavellebeuvre & Walton are
plaintiffs and P & J Powell ar
defendants on the part of Plffs
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 2 day of August in the year of our Lord, eighteen hundred and thirty-Eight

Jn RulandJohn Ruland Clerk, C.C.
by
Geo A HydeGeo A Hyde Depts

View original image: Page  087
[missing figure]

John N LavillebeuvreJohn N Lavillebeuvre &
William D WaltonWilliam D Walton
vs
PeterPeter & Joseph PowellJoseph Powell

New-
York

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[missing figure]

County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,

To any Judge of Justice of the Peace or other Judicial Officer of the
State of New YorkYork
Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do au-
thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by PeterPeter & Joseph PowellJoseph Powell their
Attorney or Agent, and him 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. LouisCounty of St Louis,
wherein John U Lavillebeuvre & William D WaltonWilliam D Walton are
plaintiffs and PeterPeter & Joseph PowellJoseph Powell are
defendants on the part of the defendants and having
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
Circuit CourtCircuit Court , with all convenient speed.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this fifteenth day of September in the year of our Lord, one thousand eight hundred and thirty- Eight

Jn. RulandJohn Ruland

Clerk, C.C.
View original image: Page  089
[missing figure]

Lavillebeuvre & Walton
vs
P & J Powell

Notice to take Depo-
sitions

View original image: Page  089
[missing figure]

JackJack now
a copy of the within notice
15th September 1838

J. SpaldingJ Spalding

View original image: Page  090
[missing figure]
John MJohn M LavillebeuvreLavillebeuvre & William D WaltonWilliam D Walton
vs
PeterPeter & Joseph PowellJoseph Powell

St. Louis Circuit CourtCircuit Court.

Take Notice, That on the Third day of November in the year of our Lord one thousand eight hundred and thirty- eight, between the hours of
eight o clock, in the forenoon, of that day, at
the office of Ambrose Kirthand a Justice of the peace in
the City of New YorkYork in the County & State of New YorkYork
depositions will be taken by the undersigned, to be read on the trial of the above endtled case, on
behalf of the Defendants; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place and between the same hours
until completed.

PeterPeter & Joseph PowellJoseph Powell
by J. Polk his ally

To the above named
Plaintiffs
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[missing figure]

Novr Term 1838

Ent

Lavellebeuvre & Walton
vs
P & J Powell

Plffs

Jos B Hill
E H BeebeEdward H Beebe

28th Nov
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[missing figure]

Neither of the within named
witnesses found in my county

M BrothertonM Brotherton
Shff

Nonest, 25
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[missing figure]

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

To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon Jas B Hill, E H BeebeEdward H Beebe
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 28th Novr inst
at the City of St. LouisCity of St Louis, then and there to Testify,
and the truth to say, in a certain matter of controversy now pending in our said
wherein Lavellebeuvre & Walton are
plaintiff 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 1st day of Novr in the year of our Lord, eighteen hundred and thirty- Eight

Jn RulandJohn Ruland Clerk, C.C.
by
Geo A HydeGeo A Hyde Depty

View original image: Page  093
[missing figure]

Executed this writ by reading it to
J not found
in my county

M BrothertonM Brotherton Sheriff

Service non est 62 1/2
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[missing figure]

Novr Term 1838

Ent

Lavellibeuvre & WaltonWalton
vs
P & J Powell

Deff

J H WilsonWilson
Thos J Stewart

28th Nov
View original image: Page  094
[missing figure]

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

To the Sheriff of St. Louis County---Greeting.

You are hereby commanded to summon J H WilsonWilson , Thomas JStewart
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 28th Novr inst
at the City of St. LouisCity of St Louis, then and there to Testify,
and the truth to say, in a certain matter of controversy now pending in our said
wherein Lavellebeuvre & Walton are
plaintiff and P & J Powell are
defendant on the part of Defts
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 1st day of Novr in the year of our Lord, eighteen hundred and thirty-Eight

Jn RulandJohn Ruland Clerk, C.C.
by
Geo A HydeGeo A Hyde Depty

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[missing figure]

State Of New-York,
City And County Of New-YorkYork ,
ss.

I, Joseph Hoxie, Clerk of the City and County of New-YorkYork , and also Clerk of the
Court of Common Pleas for the said City and County, Do Hereby Certify, That
Ambrose KirtlandAmbrose Kirtland , Esq before whom the annexed
deposition was taken, was, at the time of taking the same, a Justice of the
Peace in and for said City and County, duly
commissioned and sworn, and that I believe the signature of said Justice
thereto subscribed is genuine.

[missing figure]
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said
Court and County, the 3d day of Nov 1838.

Joseph Hoxie

Clerk
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[missing figure]
View original image: Page  097
[missing figure]

Deposition of witnesses produced sworn and
examined at the office of Ambrose KirtlandAmbrose Kirtland
in the City of New YorkYork in
the County of New YorkYork and state of New YorkYork
before me Ambrose Kirtand a justice of the
peace in a certain cause now depending in the Circuit CourtCircuit Court to
the County of St LouisCounty of St Louis. State of MissouriMissouri between
John MJohn M LavillebeuvreLavillebeuvre & William D WaltonWilliam D Walton Plain-
tiffs and PeterPeter & Joseph PowellJoseph Powell defendants in
the part of the defendant.

Thomas J StewartThomas J Stewart - of Lawful age being
produced sworn and examined on this part
of the defendants deposeth and saith, that du-
ring a part of the month of March 1834. I
was at the Mouth of White River. Arkansas
on my route to St LouisSt Louis. and while there receiv-
ed directions from the defendants PeterPeter & JosephJoseph Pow-
ell in whose employ I was as Clerk to Make
purchases of certain descriptions of furs and
Peltries for the St LouisSt Louis Market. I bought such
as were there offered and being required to return
to St LouisSt Louis by a certain period. I made an
arrangement with John CoatesJohn Coates , a resident at
that landing to buy certain descriptions and qual-
ities of furs & peltries within a certain range
of prices, for each article and quality of the
same according to a written memorandum which I gave him. & the purchases were
to be made within a certain period of time:
which articles when purchased he was to forward
direct to St LouisSt Louis and in payment for the same
was to on the defendants at St LouisSt Louis Mis-
souri, if he preferred having the payment made
at new orleans, the defendants would place
then with such mercantile house as he
or they should designate on due proper notice
being given to them said defendants by said

View original image: Page  098
[missing figure]
CoatesCoates to that effect but in no other way would
they make payment: the compensation of
said CoatesCoates for his services was to be ten percent
on the amount of the purchase provided he
adhered strictly to the memorandam I gave
him in every respect: early in the month of
april ensuing the defendants received a large
lot of furs and peltries from the said John CoatesJohn Coates
and Letters of advice of the purchase and shipment
on opening and inspecting the same. the articles
varied much from the instructions I gave him
that a great part was such as he was not
authorized to purchase and particularly the
article of Black Bear skin which he was pro-
hibited from buying and in the said lot of furs-
and peltries sent by him they constituted a large
proportion. and the prices paid by him for
certain of said furs and peltries so sent was
greater than was authorized by me. I was not
authorized by the defendants to delegate my
authority to purchase furs and peltries to any
person whatever but I did so for what
I considered the best interests of the defendants
in regard to the payment for said purchases
the defendants received a letter from said
CoatesCoates informing them he had given his
note to a Clark at thirty days from
march 22nd. 1834 for the amount of three
thousand five hundred & ninety five Dollars
and or thereabouts: and that
said Clark had taken said note with him
to New OrleansOrleans & that if they the defendants
would pay the note it would be full satisfac-
tion for said purchases except his commission
of ten per cent the defendants also after that
received a letter from messrs Lavillebeuvre & Walton
of new orleans tho plaintiffs stating they had a certain note

View original image: Page  099
[missing figure]

the note above described and that it was stated
to them it would be paid by the defendants
and requesting them to remit funds forthwith
for payment thereof. which Letter was an-
swered by defendents stating that funds would
he remitted shortly. soon after another letter
was received from the plaintiffs. to the defend-
ants requesting immediate payments a few
days after the receipt of the said last letter by
the defendants from the plaintiffs the said
John CoatesJohn Coates at St LouisSt Louis and called on
the defendants and stated he up expressly
to receive the money for the purchases made by
him as from the tenor of them the defendants
letters to him he judged that if they remitted
to new orleans by any steam Boat to meet
his CoatesCoates note and this money not reaching them that they the defendants
would consider it a payment of dis claim a-
gainst the defenants for said purchases and
to avoid any risk whatever he preferred receiv-
ing it at St LouisSt Louis. and the defendants stated that
they would have have so considered it and were
pleased that he had called to receive the amount
due him. and expressed their dissatisfaction
with of the whole transaction to him as being
unauthorized by them and very badly executed
by him. and that instead of the allowance of
ten percent which I had promised to allow him
they would pay him the amount of the pur-
chases made by him and allow him one half of the profits which they had re-
alized in the transaction to which proposi-
tion the said coates acceded: and the furth-
er defendants forthwith paid him the sum
of three thousand seven hundred and twenty
nine 33/100 Dollars in there abouts

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[missing figure]
and for which payment I wrote a receipt
in the usual receipt book of the defendants
and dated as now I can recollect in the
seventh of June 1834 or thereabouts and
which receipt was signed by the said
John CoatesJohn Coates in my presence and which
money was paid him on the of
the date of said receipt and which money I saw
to CoatesCoates about twelve
or fifteen Months after this and after the
imsolvency of this said John CoatesJohn Coates and
after his which was generally
known the said note of John CoatesJohn Coates was
exhibited to the defendants at St LouisSt Louis by
one of the
of HempsteadHempstead &
& Pay-
ment for a balance said to be due
was demanded of them.
on the back
of the note were three payments
amounting together to about ninteeen hun-
dred dollars and the said was
made for & account of the plaintiffs : Peter PowellPeter Powell
the of the defendants expressed his surprise at
such a demand stating he had paid
said CoatesCoates in full. deponent further
saith I am perfectly familiar with the
whole transaction & was in the habit of
seeing all letters received by the defend-
ants during the period I was in their
employ which was long previous to this
transaction up to the first of September 1835 and during that period the defend-
ants paid or remitted to my knowl-
edge any amount whatever on account of
the said note of John CoatesJohn Coates to the plain-
tiffs nor received any letters or communications on the subject of
said note requesting payment or otherwise
after the payment to said CoatesCoates in June 1834 on there abouts until the said de-

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[missing figure]

Mand made in the payment of the balance of
said note (except that a few days before
said demand Capt John
called on
the defendants. and states there was a balance
due plaintiffs on said note. That he had
not the not with him) and I am
they defendants could not have made any one of
the three payments credited on the note
without my Knowledge or recovered any
within communication from the plaintiff
that he deponent resides at St LouisSt Louis and
further saith not.

Thomas J StewartThomas J Stewart

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[missing figure]

I Ambrose KirtlandAmbrose Kirtland a justice of the peace do hereby
certify that Thomas J StewartThomas J Stewart . The deponent where
place of residence is at St LouisSt Louis on the state of Mis-
souri was by me sworn to testify the whole truth
of his knowledge touching the matter in controversy
in the cause aforesaid, that deponent was
examined and his examination reduced to wai
ting and subscribed by said deponent in my
presence on the third day of november in the
year eighteen hundred and thirty eight between
the hours of Eight O Clock in the forenoon and
six O Clock in the afternoon at My office in
the City of NewYork in the County of New YorkYork
and State of NewYork. Given and certified
the third day of November 1838

Ambrose KirtlandAmbrose Kirtland

a justice of the peace
View original image: Page  101
[missing figure]

I Ambrose KirtlandAmbrose Kirtland a justice of the peace within
and for the City and County of New YorkYork in the
State of New YorkYork do certify that in

View original image: Page  102
[missing figure]
of the commission and notice cause
before me at my office in the City of New YorkYork
in the County and State last aforesaid.
Thomas J StewartThomas J Stewart who was there by me sworn and examined and
such examination reduced to writing and
subscribed by him in my presence and
his said deposition is now herecodh re-
turned

Given at the City of New YorkYork in the
County of New YorkYork and state of New YorkYork
this third day of November 1838

[missing figure]

Justice fees $6.25
Clerk 25
6.50
Deponent 50
$7.00

Ambrose Kirtwell

a Justice of the Peace
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[missing figure]

LavillebeuvreLavillebeuvre
vs
P & J. Powell

Depositions for defendants

Opened & filed Nov: 22nd 1838

John RulandJohn Ruland Clerk

Passage $ 1.25 Pok
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[missing figure]

Lavillebeuvre & Walton
vs
P & J Powell

Notice to take Deposi-
tions

View original image: Page  104
[missing figure]
John MJohn M Lavillebeuvre & Wil-
liam D Walton
vs
PeterPeter & Joseph PowellJoseph Powell

St. Louis Circuit CourtCircuit Court.

Take Notice, That on the Twenty fifth day of February in the year of our Lord one thousand eight hundred and thirty-nine, between the hours of
eight O clock, in the forenoon and six O'clock in the afternoon, of that day, at
the office of Ambrose KirtlandAmbrose Kirtland in the City & County
of New YorkYork and State of New YorkYork
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the Defendants; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place and between the same hours,
until completed.

To the above named
Plaintiffs
Recd copy7th Jany 1839

JJ Spalding SpaldingJ Spalding

PeterPeter & Joseph PowellJoseph Powell
by J. Polk their attorney

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[missing figure]

John MJohn M Lavillebeuvre & Willi-
am D Walton
vs
PeterPeter & Joseph PowellJoseph Powell

to New York

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[missing figure]

County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,

To any Judge or Justice of the Peace or other Judicial Officer of the
State of New YorkYork
Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do au-thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by Peter Powell & Joseph Powell or their
Attorney or Agent, and him 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. LouisCounty of St Louis,
wherein John U Lavillebeuvre & William D WaltonWilliam D Walton are
plaintiffs and Peter Powell & Joseph Powell are
defendants on the part of the defendants and having
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
Circuit CourtCircuit Court , with all convenient speed.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this Twelfth day of January in the year of our Lord, one thousand eight hundred and thirty-nine

Jn. RulandJohn Ruland

Clerk, C.C.
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[missing figure]

I Ambrose KirtlandAmbrose Kirtland a Justice of the Peace with
in and for the City and County of New YorkYork in
the State of New YorkYork do certify that in presence
of the annexed Comission and on the seventh day of March 1839 one thousand eight hundred and thirty nine between the hours mentioned in
the annexed notice cause before me at the office
of Ambrose KirtlandAmbrose Kirtland in the County & State last aforesaid
(the plaintiffs any person one their behalf having
appeared before me on the day mentioned in said
notice since) Thomas J StewartThomas J Stewart who was by
thereby me sworn and examined and such exami-
nation reduced to writing and subscribed by him
in my presence and his said deposition is now
herewith returned

Given at the City of New YorkYork in the County of
New YorkYork and State of New YorkYork this seventh day of March 1839

Justice fees $3.75
Clerk 25
deponents 50
$4.50

Ambrose KirtlandAmbrose Kirtland

a Justice of the Peace
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[missing figure]

Deposition of witnesses produced sworn and
examined at the office of Ambrose KirtlandAmbrose Kirtland
in the city of New YorkYork in the County of New
YorkYork in the state of New YorkYork Before one
Ambrose KirtlandAmbrose Kirtland a justice of the Peace
in a certain cause now depending in the
St Louis Circuit CourtCircuit Court state of MissouriMissouri be-
tween John MJohn M LavillebeuvreLavillebeuvre and WilliamWilliam D Walton
D WaltonWilliam D Walton Plaintiffs and PeterPeter and JosephJoseph Powell
PowellJoseph Powell Defendants on the part of the
Defendants-

Thomas J StewartThomas J Stewart of lawful age, being produced
sworn and examined on the part of the defendants
deposeth and saith that he resides at St LouisSt Louis
Mo: and has lately been in PhiladelphiaPhiladelphia in
the state of PennsylvaniaPennsylvania on business and while
there and on or about the 20th of February last
he received a notice from Peter PowellPeter Powell one of the
Defendants to attend as a witness at the time
and place contained in the assured notice:
and in the cause therein mentioned, that on
or about the 22nd day of February last depo-
nent was taken sick and was unable to at-
tend at the time and place aforesaid that
he on the 25th day of February was confined
to the house and an several days afterwards
and that he by an management with said peter
powell on said 25th day of February at Philada
fixed upon this day the 7th of March as the
earliest period at which he could attend as a
witness in said cause and has now come to the
City of New YorkYork it give testimony therein.

Deponent further saith that the body of the
receipt hereunto annexed markid A, was drawn
by deponent, and the same was signed by JohnJohn Coates
CoatesJohn Coates in the presence of deponent on the day of
the date thereof to wit the 7th of June 1834 in the
country house of said PeterPeter and Joseph PowellJoseph Powell
in St LouisSt Louis who composed the firm of PeterPeter &

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[missing figure]
Joseph PowellJoseph Powell that said receipt was given for
Peltries and furs purchased on account of said
P & J Powell, and forwarded to them at St LouisSt Louis
and it was expressly understood at the time of
payment to be in full for all claims whatever
by note or otherwise existing at the time against
said P & J Powell for any purchases made by
said John CoatesJohn Coates and, that the amount of three
thousand seven hundred and twenty nine dollars
and thirty three cents, was paid said CoatesCoates
in the Counting house of the said P & J Powell
at the time he gave said receipt and in my
presence, and further deponent saith swt.

Thomas J StewartThomas J Stewart

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I Ambrose KirtlandAmbrose Kirtland a Justice of the peace do hereby
certify that Thomas J StewartThomas J Stewart the deponent whose
place of residence in St LouisSt Louis in the State of MissouriMissouri
was by me Sowrn to testify the whole truth of his
Knowledge touching the matter in controversy in the
cause aforesaid; that deponent was examined and
his examination reduced to writing and subscribed
by said deponent in My presence on the seventh day of March in the year eighteen hundred and thirty nine between the hours of eight O Clock in
the forenoon and six O Clock of the afternoon at
the office of Ambrose KirtlandAmbrose Kirtland in the City of NewYork
in the County of New York & State of New YorkYork

Given and certified the 7th day of March 1839

Ambrose KirtlandAmbrose Kirtland

a Justice of the peace
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Received Saint LouisSt LouisJune 7. 1834 of P
&J Powell Three Thousand, seven hundred
& twenty nine 33/100 dollars, being the full
amount of my against them for peltry &etc.
purchased & forward them up to this date, also
including are Hundred and eighty four 22/100
dollars being the half of the net profits
the purchased

John CoatesJohn Coates

$ 3729 33/100
A
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[missing figure]

Received St LouisSt LouisJune 17th 1834 of
P&J Powell eighty three 13/100 Dollars on
account of a of

WWWright

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[missing figure]

Received Saint LouisSt Louis28th December 1833
of P &J Powell four hundred Dollars
also of JamesJames H HJames H
in all have one hundred Dollars marking
in all five hundred Dollars and
accounts of the seetings at fort
Crawford

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[missing figure]

Receivd march 16 1834 of P & J Powell
Seventeen Dollars & fifty cents in full of

IsaacIsaac for JHogg &

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[missing figure]

State of New-York,
City and County of New-YorkYork , ss.

I Joseph Hoxie, Clerk of the City and County of New-YorkYork , and also Clerk of the
Court of Common Pleas for the said City and County, Do Hereby Certify, That
Ambrose Kirttand esq before whom the annexed
deposition was taken, was, at the time of taking the same, and now is a justice
of the peace acting as such in and for said City and County, duly
commissioned and sworn, and that I believe the signature of said Justice
thereto subscribed is genuine.

[missing figure]
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said
Court and County, the 9 day of March 1839.

John Hoxie

Clerk.
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[missing figure]

March 7. 1839

Lavillebeuvre & Walton
vs
P & J Powell

PltfLB Hill
E H BeebeEdward H Beebe

28th March
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[missing figure]

Executed this writ in the County of St LouisCounty of St Louis
by reading it to E. H. Beebe on 26th March 1839. LB hill not found in my County

Service 50
nonest 12
62

Marshall BrothertonMarshall Brotherton Shiff
By W SMcKnight depty

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[missing figure]

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

To the Sheriff of St. Louis County,âGreeting:

You are hereby commanded to summon James BJames B Hill, Edward HEdward H Beebe
BeebeEdward H Beebe
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 28th March 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 Lavillebeuvre & Walton are
plaintiffs and P & J Powell are
defendant on the part of Deff
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 6 day of March in the year of our Lord eighteen hundred and thirty-nine

JnJohn Ruland RulandJohn Ruland Clerk C. C.

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[missing figure]

Executed this writ in the County of St LouisCounty of St Louis by
reading it to J.H. . Stewart not found
in my County

Service 50 nonest 12
62

MM Brotherton BrothertonM Brotherton , Shff
By McKnight

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[missing figure]

March 7. 1839

Lavillebeuvre & Walton
vs
P & J of Powell

Deft..

J. H. WilsonWilson
T. J. Stewart

28th March
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[missing figure]

County of St. LouisCounty of St Louis. Sct.
State of Missour,

To the Sheriff of St. Louis County,âGreeting:

You are hereby commanded to summon J
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 28th March
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 Lavillebeuvre & Walton are
plantiffs and P & J Powell are
defendants on the part of defendants
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 6th day of March in the year of our Lord eighteen hundred and thirty- nine

Jn RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Exceuted this writ in the County of St LouisCounty of St Louis
by reading it to Wm. K Rule 26 March 1839

Service 50 cts

Marshall BrothertonMarshall Brotherton Shff
By W. M Knight depty

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[missing figure]

ext

John Lavillebeuvre &
Wm. D. Walton
vsPeterPeter & JosephJoseph Powell PowellJoseph Powell
Subpeona for Wm. K.
Rule for Depts.
28th March

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[missing figure]

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

To the Sheriff of St. Louis County,âGreeting:

You are hereby commanded to summon William K RuleWilliam K Rule
that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the twenty eighth day of March
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 John U Lavillibeuvre & William D WaltonWilliam D Walton are
plaintiffs and Peter Powell & Joseph Powell
defendant on the part of the defendants
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 20th day of Marchin the year of our Lord eighteen hundred and thrity-nine

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Excuted this writ in the CountyCounty of St Louis
of St LouisCounty of St Louis by reading it to J. H.
WilsonWilson Wm K RuleWilliam K Rule 6th april 39
T J Stewart not found in my County

Service 1.00

nonest 12

1.12

Marshall BrothertonMarshall Brotherton
Shff
By McKnight
Dept

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[missing figure]

March 7 1839

LavillibeuvreLavillibeuvre Walton & WaltonLavillibeuvre Walton
vs
P & J Powell

Deft

J H WilsonWilson
Thos. G Sewart
Wm K RuleWilliam K Rule

15th April

13.50 1.05 1.50 2.00 $18.05 5.25 1.05 629 6.92
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting:

You are hereby commanded to summon J
Wm K RuleWilliam K Rule
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 15th April
at the City of St. LouisCity of St Louis, then and there to testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein LavillibeuvreLavillibeuvre Walton &WaltonLavillibeuvre Walton are
plaintiffs and P & J Powell are
defendant on the part of Defts
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 5th day of April in the year of our Lord eighteen hundred and thirty-nine

JnJohn Ruland RulandJohn Ruland

Clerk, C.C.
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[missing figure]

LavillibeuvreLavillibeuvre Walton &WaltonLavillibeuvre Walton
vs.
Powells

attachment for
E H. Beebe for
Plffs

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[missing figure]

Executed this writ in the County of St LouisCounty of St Louis
by having the body of EEdward H Beebe . HEdward H Beebe , BeebeEdward H Beebe in
open Court 17th April 1839

Marshall BrothertonMarshall Brotherton
Shff

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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

We command you to attach Edward H. Beebe
by their bodies and him safely keep, so that you have their bodies before
the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for the County of StCounty of St Louis.
LouisCounty of St Louis, on theforthwith then and there to testify and
the truth to say in a certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between
LavillibeuvreLavillibeuvre Walton & WaltonLavillibeuvre Walton plaintiffs and PowellPowell
are defendants wherein the said Beche
has heretofore been summoned on the part of the said plaintiffs.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this 16 day of April. in the year of our Lord one thousand eight hundred and thirty nine

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

St. Louis Circuit CourtCircuit Court

& WaltonWalton
vs
Peter Powell & Powell

March Term 1839

Be it remembered
that on the trail of this case the plaintiffs read
in evidance the depositions of JClaudeLavillibeuvre
& of Thomas P. Lavillibeuvre taken
at New Lavillibeuvre in April in the year 1836
in the words & figures following to wit (here
set out the depositions omitting captions of depositions and copy of letter attached to depositions)
The plaintiff then read
in evidance the note mentioned in one of said
depositions together with the assignment thereof
& the several endorsements in the following
words & figures (here copy the note of CoatesCoates &
the several endorsements) The plaintiffs by their
counsel then gave in evidance two letters
of the defendants directed to plaintiffs at New OrleansOrleans having proved that defendants
at their date in briefings at
St. LouisSt Louis, & that said letters were signed by
their name in the handwriting
of Peter PowellPeter Powell one of said defen
dants(here copy the letters, one dated 24th may 1834, the other 31st may 1834,) The plain-
tiffs then EdwardEdward H Beebe HEdward H Beebe .BeebeEdward H Beebe as a wit-
ness who testified that some time before this
suit was brought & in the spring of 1835 the plaintiff sent him the
said note of Coats to present to the defendants
for payment which plaintiff were partners in
New OrleansOrleans & of the names as stated in the
declaration that he called are the said Powells
& demanded payment of it the said note than had the several credits rendered on it as follows (here ) & that they de
clared payment on the ground that they had
paid the amount of it to Coats the maker
:

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and that they said that payments had been
made an account of the note but did
not remember whether they said they had
remitted any thing or any thing about remittance The said Beebe further tes-
tified that the same Boats Michigan &
Boonslick left St LouisSt Louis in a few days after the
24th may 1834 & each a trip
to New OrleansOrleans & returned in the usual
time that the Steam Boat magestic
left St LouisSt Louis on a trip to New OrleansOrleans
directly after the 31st day of the same month
& it & returned to St LouisSt Louis in the usual
time said Beebe further testified that he
KnewJ.H.Graham mentioned in the en
dorsements
an said note: that said GrahamGraham
had formely been enganged in trading in
furs& peltries & had been about St LouisSt Louis

The plaintiffs their read in evidance the depo-
sition of ThomasThomas J Stewart JThomas J Stewart .StewartThomas J Stewart (which depositions
had been taken ex parte on behalf of
the defenants on the third of November
eighteen hundred thirty eight) which is in
the words & figures following (here in-
sert the first deposition of StewartStewart )

Said Beebe also testified that Coats had
due some years since insolvent that he
lived in ArkansasArkansas at, & before the
of his death & that previous to his resi-
dence in ArkansasArkansas the said CoatesCoates had
lived in St. LouisSt Louis as a Clerk & was then
worth nothing & he had never been worth
any thing so far as witness know or be-
lived.

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The plaintiff have closed his case no other
testioney was given by either party.

The Court there by its own motion
instructed the jury as follows (here insert the
instructions which are in the Judge's hand wri-
ting

The defendants counsel then asked
the court to instruct the jury as fol-
lows (here insert the instruction in the
handwriting of gamble attached to the other in-
structions

To the giving which instructions the plain-
tiffs by their cousel objected. The court
gave the said Instructions to the
giving of which & each of them the plaitniff
by their counsel excepted.

after the finding of the & within four
days the plaintifs moved to set aside
the said & grant a new trail
for the following reasons then filed in wri-
ting
(here insert them) which motion
was by the court overruled to which
of the court overuling said motion the
plaintiff by then counsel except & pray
the court to sign & seal this their Bill
of exceptions which is done.

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St LouisSt Louis Circit Court

LavillibeuvreLavillibeuvre Walton & WaltonLavillibeuvre Walton
vs
P.&.J. Powell

Bill of exceptions

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[missing figure]

St Louis Circuit CourtCircuit Court

LavillibeuvreLavillibeuvre Walton & WaltonLavillibeuvre Walton
vs
P.&.J. Powell

Reasons for new
trail

JJ Spalding SpaldingJ Spalding atty
for plff

Filed April 18th 1839

John RulandJohn Ruland Clerk

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St Louis Circuit CourtCircuit Court

LavillibeuvreLavillibeuvre Walton & WaltonLavillibeuvre Walton
vs
P. & J. Powell

Plaintiff
towit to set aside
the in this
case & grant a new trail for the fol-
lowing reasons

1 That the same is against law
& evidence

2 It is against the weight of
evidence

3 It is against instructions

4 The Court instructed the jury
wrong: & refused to give instructors
asked for

JJ Spalding SpaldingJ Spalding
atty for plff

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We the Jury find a verdict in favour
of the Defendants

Foreman

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If the Jury belive from the evidance that after the payment
to CoatesCoates they the Defendants the plaintiffs treated CoatesCoates as
their debtor the Defendants are not liable to the plaintiffs
in this action

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Received

3595
1900
2.695

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[missing figure]

The first general question for the jury is
whether Cotes within the the scope of
his agency or if not have his acts been
adopted and sanctioned by the defendants
If the jury shall be of opinion in the affir
mative this will find for the plaintiff
unless they shall be of opinion that
Cotes was authorized by the plaintiffs
to receive the balance due from
the defendants in which case the jury
will of course find for the defendants

The second general guestion for the jury
is whether, supposing no proven
or any sanction or adoption of Cotes' acts
by the defendants has then been any new
and responsibles by the
defendants

on this point the jury will consider the
whole of the evidance and particularly
will whether anyconsideration
for the plaintiff to
the defendants for such new and
promise if the jury shall be of opinion
that no such consideration they
will find for defendants

It maybe right to observe this if the jury
shall be of opinion that the plaintiffs
continued to hold Cotes as their debtor
after the letter by them for the
Def's they will consider this as evidence
of that no argument was made by
which the of Cotes to plaintiff
was him or to Cotes and
by the defendants

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Thirty days from date I promise to pay
L N Clarke or order three thousand five
Hundred and nienty five Dollers and
elevn cents for value Ricvd.Mouth white

River March 22nd 1834

3595 11/100 Dollars

John CoatesJohn Coates

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[missing figure]

pay to the order of Lavellebeuvre & Walton

S.h.Clark

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[missing figure]

June 15 1834Rcd in a/c
of the within- $ 1000.00

1834 Dec 29= Recd of J H Graham 475.00

1835 July 3 Dr

making together nineteen hundred three
14/100 Dollars in a/c of the within note

Lavellebeuvre & Walton

John Coates
note
$ 3595.11 3595.11
C.W.S.