Page 13

#6638,55
vs
Jno D Wilson

Charles S Hempstead
vs 58
John D Wilson administrator
of the Estate of Thomas Hempstead
and John Biddle

Petition.

Now at this day come the parties, by their respective attorneys,
and waiving a Jury submit this cause to the Court upon the
pleadings and proofs and the Court, having duly heard and
considered the same, doth find; First, that on the seventh
day of June, eighteen hundred and twenty three, a judg
ment was rendered in favor of the United States against Thomas Hempstead and Charles
S Hempstead, the complainant herein, for the sum of thirteen thousand four hundred and
ninety seven dollars and twenty seven cents, on the official bond of said Thomas Hempstead,
wherein said Thomas Hempstead was principal, and said Charles S Hempstead as security:
Second, that said John Biddle obtained the control and ownership of said judgment with
power to release the same: Third, that said Thomas Hempstead died and left one child
only, a daughter, his sole heir, Cornelia V Hempstead: Fourth, that said John Biddle
on the seventh day of December, eighteen hundred and forty nine for good and sufficient con
siderations, one of which was the withdrawal and dismissal of certain suits that had been insti
tuted by the hier of Thomas Hempstead against said Biddle and others, and the conveyance by
the heir of Thomas Hempstead to Biddle of two certain tracts of land, the subject of said suit,
released by instrument of writing the heirs, executions and administrators of Thomas Hempstead
from said judgment, except so far as it might be necessary to use it for the protection of the
title to the land which Biddle obtained by said conveyance from said heir: Fifth, That
said release was never entered of record but was kept by the agent of said John D Wilson;
that said John D Wilson was advised by counsel and believed that the paper called a release
was no release at all, and acted upon such hypothesis: Sixth, That said judgment was kept
a foot in fraud of the complaint in this cause; Seventh, That in the year eighteen hundred
and forty eight, said defendant John D Wilson married the said Cornelia V Hempstead,
the said sole heir of said Thomas Hempstead. Eight, That in June eighteen hundred and fifty,
letters of administration were granted to defendant Wilson by the Probate Court in and for the
County of St Louis, State of Missouri, upon the estate of Thomas Hempstead. Ninth, That in the
month of March, eighteen hundred and fifty one, the said judgment aginst said Thomas and
Charles Hempstead was received in favor of the United States to the use of said Biddle, fraudulently.
Tenth, That said judgment as revived was presented in the Probate Court for allowance by the said Biddle,
the same was fraudulently procured to be allowed and was allowed on the fifteenth day of June, eigh
teen hundred hundred and fifty two, to the amount of thirty four thousand seven hundred and
seventy two dollars and thirty four cents, and placed in the fourth class of claims allowed against
the estate of Thomas Hempstead in fraud of the plaintiffs rights: Eleventh, That at the March
Term, eighteen hundred and fifty two, of said Probate Court a claim was allowed by said Court
in favor of this complainant Charles S Hempstead, against the estate of Thomas Hempstead
amounting to ten thousand two hundred and forty four dollars and sixty seven cents, for moneys
paid by this complainant upon the aforesaid judgment against said Thomas Hempstead and this
complainant, and the said claim so allowed was placed in the fifth class of claims allowed against
said estate of Thomas Hempstead: Twelfth, That no other claims have been allowed against nor
are any other debts owing by said estate than the said judgments and allowances: Thirteenth,
That property to a large amount belonging to said estate of Thomas Hempstead came into the
hands of said John D Wilson as administrator as aforesaid of said estate: Fourteenth, That
said Wilson as administrator as aforesaid procured an order from the said Probate Court to
sell real estate belonging to the estate of said Thomas Hempstead and that at the December
Term, eighteen hundred and fifty two, of said Probate Court, in pursuance of said order he sold
such property and recovered therefor the sum of Seven thousand six hundred and thirty dollars and
that at the September Term, eighteen hundred and fifty five of said Probate Court, said Wilson
sold the property belonging to said estate for which he received the sum of nine hundred and fifty
seven dollars: Fifteenth, That nothing has ever been paid upon said judgment allowed in favor
of said Biddle, by said administrator of said estate: Sixteenth, That at the March Term,

Record 29 1859 to 1860 (Text)