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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This is an action of
Ejectment of - Let
a writ of summary
issue accordingly to
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
In the
of April in
hundred and nineteen
Louis Bissannette,
Pane Primeau & Pelaqie his Wife- formerly
Pelugie Bissanmette-
Baprole Laouceur
Wife of
Benore Godain
which said
Baprinte Godain
and next friend
(which said
Ladouceux
the late husband of
deceased by whom he had lawfull issue. towit
one son now deceased- complain
by their Attorney, of
in a plea of trespass and ejectment
for that the said plaintiff theretofore towit
on the
One thousand, eight hundred
mere possessed of a certain tract or piece
of Graunid situate, lying and being in the
Circuit aforesaid containing the quantity of
One hundred acres of arable sand-- also
of a certain other tract or parcel of land
containing sixty
of land situate as aforesaid containing
the quantity of forty
; also of one other certain tract or parcel
of
bounded in front and
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Southernly by the Land occupied by
public read which leads from said town of
which said was separates the said tract of
Land from the Land occupied by
Containing the quantity of one
measure in front, by forty
to which aforesaid several tracts of land
together with all and singular the oppurtunities
thereinto in any rise belonging the aforesaid
plaintiffs on the day and year aforesaid were
legally entitled; and they the said plaintiffs
being to thereof of legally entitled to and
possessed of said tenements and sands
he the said Dependant afterwards towit
on the day anex year aforesaid, much force and
arms-othe
and within the jurisdiction of the Court,
with the said
amoved- and ejected them the aforesaid
plaintiff out of them aforesaid tenements
and other wrongs to the said plaintiffs
the said plaintiff say- that they and
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
sur dit poste
quarante autres de
un immediatement du Sr Gamache
Chemin Royal, qui est de trente six pieds de
cotes au domaine du
et une chaure de quarante Cinq pieds, dont la longueur prise
quatre fois fait juste s'arpente usite en ce pays que est de cent
quatre vingt pieds sur chaque fare, à l'exécution de quoi me
voisin le plus
un indiquer exactement la véritable situation de leur
Concessions repectives, Je suis prevenu et l'ai fait borner en
me présence avec des pierres a ses quatre extremities apres l'avoir
mesuree sur ses lignes de largeur et longueur, dont les deux
premiéres paralelles c'est à tere de largeur vont au nord nord
est ou
minutes et les deux autres dernieres c'est a dire de longueur aussi
paralelle vont au ouest quart au nord ouest ou
s'ecartent du ouest vers le nord de onze degres quinze
et fout par conseqent en dirigeant la vue et allant du point
du départ vers le nord nord est et vers
ouest un angle obtus de cent un degres quinze minutes,
faite des differences causees par les inegalites des terres et
perpendiculaires horizontales qui servent toujours a leur vraie
mesure tant sur la largeur que sue la longueur, ainsi je
l'atteste par mon seing et par l'aveu unanime de tous
les proprietaires sus nommes assembles dans ce moment avec
l'approbations de mon dit sieur Jn Pedra Piernas dans la chambre
la Gouvernement pour le servir mutuellement de temoins
et affirmer les uns par leurs seings les autre par leur declarations
a d'efaut de savoir signer en presence de Messieur Dn Pedro
Piernas sus dit
mandant de ce meme poste servant l'un et l'autre savoir
la dernier a certifier par son seing en la dite qualite et en
vertu du pouvoir dont il etait charge d'avoir concede soit
avec titre soit verbalement les sus dites terres
majeste et mon dit Sieur Piernas a approuver et ratifier aussi
par son seing en la qualite l'actuel
possessions accordees par mon dit Sr.
corps de un cadastre que je remets contenant soixante huit
pages ecrites inclusivement aux archives de ce
Gouvernement
a besoins sur ete authenticite et temoignage de tout ce
qui y est expose a
Mil sept cent soixante douze - Mr. Durolde -
Bequet -
Lwne Terrien N. 2. Layer 13. Louis Bissonnet, Transcribed
I am expressing the transport of my home to
this said post on
fourty others long, a partly plowed part
situated in the prairie touching this village and the immediate farming
of Mr. Gamache and the border of
Chemin Royal that is thirty six feet of
sides in the area of
a length of fourty five feet with length taken
four times utilizing just an arpent of the country that is of One Hundred Eighty feet on each side
made while
accompanying the propietor and said Mr. Gamache,
too immediate of a neighbor to me to serve as a witness I believe
to indicate a favorable situation of our
respective concessions, I went by and have limited the presence of stones to his four quarters before having
the lines measured in width and length whose first two
parallel ranges are said width going north north
east extending to the northeast twenty two degrees, thirty
minutes and the two others are of said length also
parallel ranges in the west part of the northwest where the greater
extends northwest eleven degrees fifteen minutes
without a variation in compass reading in beginning or ending point
in the north north east and in the west part going north
west, an obtus angle decending a degree fifteen minutes,
perpendicular horizontal range always measure true to us
for the width and the length, I
attest my signature and for the unanimous opinion of all
the proprietors assembled at this moment with
the approval of said Mr. Dn Pedro Piernas in the house
of government to serve our land mutually
and to affirm for our signed declarations
of knowing lines present of Mr. Dn. Pedro
Piernas the said Lieutenant Governor and of Dn Louis
a Bellerive Reform
of the same post serving the previous known
to certify for his signature in his said character and in
virtue in his said power to which he was responsible for having known true
with any words of our said land
majesty and the said Mr. Piernas to approve and ratify also
for his signature in character, the Lieutenant Governor
in which he is equipped with the same power to verify the
possessions known of said
body of a register presented containing sixty eight
written pages including the archives of this Government and to be conserved and to serve
the need to verify testimony of all
present in
1772 - Mr. Durolde
Bequet -
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(Written in the margin)
in front by
oneside by the land of
folio 13.
of Louis
that he
that the
says ther Louis
it has been
the year
on aspen in front by
40 aspens of land and order that the same
according to the meets and bounds formerly established, and
as described in a report of Survey contained in a consession
to Louis Bissonett; registered in Livre barrier Bok No. 2
folio 13.
page 21. remaining in the ofice of the recorder of land
& Certify
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Action of Ejectment
Be it remembered that on the trial of this cause
the plaintiff proved that Louis Bissonette decreased
their father about forty years ago was in the
possession and
adjoining the town of
ately south of the
leads between the forty aspen lot of
Leounor and that on which the Defendants
new brick house and paint of his field are,
being the lot in dispute in this case, that
said Louis Bissonette deceased continued the occu
pation and cultivation of that lot untill his
death, having lived there in his life lived
fifteen or sixteen years; that after his death
his widow Madame Bissonette continued to
occupy and cultivate the same lot untill
the inhabitants of
pation of the commons, when the widow
left the premises
her death _ that that lot in dispute is one
of the lots employing the ground formerly
cultivated by the
commonly called the common field;
that the palintiffs are the heirs and repre
sentatives of said Louis Bissonette deceased
(1)
as alledged in their declaration; and that
the dependant is, and at the time of insti
tuting this suit was in the possession of
the said lot in
The plaintiff then offered in evidence
a copy of a deed of exchange made between
the said Louis Bissonette
hundred and seventy one
the then Lieutenant Governor of the Province of Upper
and filed among the public records of the late
and duly certified by
of the
to be a true copy of the original on file
in his office, whereby the said
being the best evidence in the plaintiff's power to produce.
The plaintiff then offened in evidence the fol-
lowing
of Upper
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land titles in the territory of
true copy from said records, and is in
the words and figures following & was offered in connec
tion with the proceedings & confirmation of the Board of
as
sonette - traiteur. Je me suis exprees transporte
de mon domicile ses dans ce sus dit poste
quarante autres de long a lui appartenante
partie labourer partie en friche situee dans
la prairie qui touche ce village et tenant
immediatement a celle du Sr Gamache et de
l'autre cote au chemin Royal, qui est de
tente six pieds de roy, et des deux autres cotes
an domaine du roy, pour l'arpentes avec
mon instrument et une chaine de quarante
cing pieds, dont la longeur prise quatre fois
fait juste l'arpent usite en ce pays usite en ce pays qui est
de cent quatre vingt pied sur chaque face, a
l'execution de quoi me faisant accompagner
au
voisin le plus immediat, pour me servir de
temoin d'aide et a m'indiguer exactement la
veritable situation de leurs concessiones, respectives
Je suis parvenu et l'ai fais borner en ma
presence avec des pierres a ses quatre extremites
apres l'avoir mesuree sur ses lignes de largeur
et longeur dont les deux premieres parallele
C'est a dire, de largeur, vont au nord nord
est, on
degres trente minutes - et des deux autres der-
nieres c'est a dire de longeur aussi parallele
vont au ouest quart au nord ouest ou
(3)
degres quinze minutes sans aucun egard a
la variation du compas, qui peut y avoir et
font par consequent en dirigeant la une
et allant du point du depart vers le nord
nord est et vers l'ouest quart au nord
ouest un angle obtus de cent un degres
quinze minutes, compensation faite des differences
des lignes les unes sur les autres par rapport aux
perpendiculaires horizontales qui servent toujours
a leur vraie mesure tant sur la largeur que
sur la longeur, ainsi Je l'atteste par mon
seing
les proprietaires sus nous mes assembles dans ce
moment avec l' approbation de mon dit Sieur
Dn Pedro Piernas dans la chambre du Governe-
ment pour se servir mutuellement de temoins
et affirmer les uns par leurs seings, les autres
par leurs declarations a defaut de savoir signer
en presence de Messieurs Dn Pedro Piernas sus
dit
de Bellerive Capitaine reforme et premier pre-
decesseur Commandant de ce meme poste serv-
ant l'un et l'autre savoir ce dernier a certif-
ier par son seing en sa dit qualite et en
vertu du pouvoir dont il etait charge d'avoir
concede soit avec titre soit verbalement les
sus dittes terres au nom de sa Majeste et
mon dit Sieur Piernas a approuver et ratifier
aussi par son seing en sa quatite d'actuel
I am expressing the transport
of my home to this said post on
fourty others long, a
partly plowed part situated in
the prairie touching this village and immediate farming
of Mr. Gamache and
the side of Chemin Royal that is
thirty six feet of
in the area of
my instrument a length of fourty
five feet with length taken four times
utilizing just an arpent of the country that is
One Hundred Eighty feet on each side
made while accompanying
the propietor and said Mr. Gamache
too immediate a neighbor to me to help serve
as a witness, I believe in order to indicate a
favorable situation of our respective concessions.
I went by and have limited my
presence of stones to his four quarters
before having the lines measured in width
and length whose first two parallel ranges
are said width going north north
east extending to the northeast twenty two degrees
thirty minutes and the two others
previously are of said length also parallel ranges
in the west quarter of the northwest where (3)
extending more to the west towards the north, eleven
degrees fifteen minutes without respect to any change in
the variation of compass, in having
consequence leading one
from the point of departure towards the north
northeast and towards the west quarter to the north
west an obtuse angle of one hundred degrees
fifteen minutes, compensating for the differences made
caused by the inequality of land and inclinations
of lines on the other known
perpendicular horizontals that always serve
us a true measure in width
and length, and so I attest for my
signature
proprietors of those gathered in this
moment with the approval of the said Mr.
Dn Pedro Piernas in the governing house
for the witnesses mutually
affirming this in their signature, the other
for their declarations of known signatures
in presence of Mr. Dn Pedro Piernas
said lieutenant Governor
and Dn Louis
of Bellerive Reform
predecessor serving the same post
of the other known and previously certified
for his signature in his said character and in
virtue of which he was charged of having
verbally conceded to have the title to
their said land in the name to his majesty and
the said Mr. Piernas to approve and ratify
also for his signature of his character.
Lieutenant Governor, with this he has provided
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au meme
par mon dit Sr
soixante huit pages ecrites
aux archives de ce Gouvernment
,
qui y
Dodie = Rene Kiercereau = AConde = Bequet =
(Written in
a Louis D enoyers qui la reunis au domaine
et cede a Louis Bissonette suivant les renseigne-
ments.
verifying the same possessions according
to the said Mr.
body of register containing
sixty eight written pages including
the Government archives to be
perpetually conserved and to serve a need of
safety, authenticity and testimony of all
who were present in
May in the year 1772
Mr Duralde = Laclede Liguest = Hubert
Dodie = Rene Kiercereau = AConde = Bequet =
Pedro Piernas.
(Written in the margin) acknowledged the 27th of August 1766
to Louis D Enoyers who returned to the area
and given to Louis Bissonette by the following information
Truly copied from the record book F pages
165 and 176 remaining in the office of the
Recorder of land titles for the
Which copy from said Records of said recorder's
office (so
on the ground, as
the copy of a copy of the said Livre Terrien therein
but the objection of the Defendant was sustained
by the Court and the said copy rejected
and not
The plaintiff then proved and gave in
evidence the claim and proof of
lard to the same lot of land in dispute
and the confirmation thereof to the said
Souland which follow in there words and figures
towit
“Monday
"Board met present the Honble Johnb B. C.
Celement B. Pemaro &
Bissonette claiming one aspent in front by 40
in depth adjoining the town of
bounded on one
and on the other side by the highway, produces
to the board a notice of claim to the Recorder
dated
Bissonette for the same, granted by the
and Piernas dated
registered in Livre Terrien No 2. folio 13.
he knows of the widow of Louis Bissonette selling
the land claimed to Claimant, and for which
the received payment from un
for
for the state of Louis Bissonette, knows that the
heirs consented to the sale of said land to
the land claimed in
tivated by him and his representatives untill
about the year
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Truly copied from the minute Book no 3 page
440 remaining in the Recorder's office of land
titles for the Territory of
“Wednesday
present
Commissioners Anthony Soulard asignee of
Louis Bissonette claiming one aspent in front
by 40 in depth adjoining the town of
Book No 3 page 440. Confirmed to Anthony
Soulard 40 aspens of land and order that the
same the surveyed according to the metes and
bounds formerly established and as described in a
report of survey contained in a concession to Louis
Bissonette registered in Livre Terrien Book No 2
folio 13”
“Truly copied from the minute Book no 4
page 21. remaining in the office of the Recorder
of land claims within and for the Territory of
1821
Biponette the before mentioned
same person whose assignee the said
No further evidence was given by
the plaintiff, and none was given by the
Defendant. The plaintiff counsel insisted
that the province of the Board of Commissioners
was only to determine the validity of the claimes
as against the
(7)
and that the claim being confirmed as
against the
to the land; whom they contended the plain
tiffs to be under said claims, title- papers,
and confirmation. They also insisted that
they were entitled to recover in this action
by virtue of the premises and of the Acts
of
claims in this Country, and particu
larly that of the year one thousand
eight hundred and twelve in relation
to out lots common field lots and commons
appertaining to the several towns of the
late territory, now State, of Missouri therein
named; And they also excepted to the
several opinions of the Court against
them in this suit the cause having
been submitted to the Court without a
Jury, the Ciruit upon the testimony
before stated rendered Judgement for the
Defendant - In testimony of all which
the plaintiffs tender this bill of exception
& pray the Court to sign the same.
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In the above named Defendent & Errand
Basst by in
thay on the trial of the above cause me dines
in the premises in question granted by the late
Spanish Govenment on the
Louis Desnoyes _ take the Original Concession
in the same premises to the said Louis Bissonnette
granted
Social
Notice to produce paper.
Served a copy of the within
Notice on
1821
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Be it Remembered that
An act regulating the proceedings of the Supreme court
&
Circuit, have made out a complete
had in a certain cause pending in the Said court
& other Plaintiffs and
in the
continued by consent.
Continued by
Which Said
with
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Louis Bissonnette
Pascal
wife.
-friend
his wife and
And the said
by
force and injury, when &c and says, that he
is not guilty of the said Supposed tresspas and
part thereof, in manner and form as the said
plaintiffs have thereof
him and of this he puts himself upon
the Country &c.
Plea of
not guilty
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The
at the
father and
of said
as her husband &
had
One thousand dollars-
Served this
on
in the Town of
it and
ing
hereof
9th the 1879
v
This is
Brought by the Plaintiff to -
certain land herin described
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You are hereby commanded to summon
court on the
and the truth to sy in a certain matter of controversy now pending in our said court, wherein
and
the
Served this writ on
Hubert Giuan
in
this
by his
ing the service
him of
ver and
not found in
Served this writ
Lucher on the
1821
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
that setting aside all manner of excuse and delay
circuit court,
there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein
and
of the
spa for
Served their writ on
reading in
Jn Ducharquette
not formed in any
county
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You are hereby commanded to summon
and
that setting aside all manner of excuse and delay
court on the
and the truth to say in a certain matter of controversy now pending in our said court, wherein
and
the
ship
teau
ship by his
ledging service
Lisager
my
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You are hereby commanded to summon
Lebeau. Joseph Lacroix & André Laudreville
circuit court, on the
there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein
and
of the
served this
Charles
May 1821
ing by reading
Bapte Lallemand
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You are summoned that all excuses and delays being set aside you
tory aforesaid at our said superior court
to be held in and for the northern circuit at the town of
day of
to testify and the truth to tell in a certain case then and there to be tried, and wherein
& others
C
said
until duly discharged by the court, and
of this fail not at your peril, and our sheriff of our county of
commanded then and there to make return of this our writ and certify to our said court how he
executes the same.
served this
in the town of
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You are summoned that all excuses and delays being set aside you
tory aforesaid at our said superior court
to be held in and for the northern circuit at the town of
day of
to testify and the truth to tell in a certain case then and there to be tried, and wherein
& others
said
until duly discharged by the court, and
of this fail not at your peril, and our sheriff of our county of
commanded then and there to make return of this our writ and certify to our said court how he
executes the same.
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You are summoned that all excuses and delays being set aside you
tory aforesaid at our said superior court
to be held in and for the northern circuit at the town of
to testify and the truth to tell in a certain case then and there to be tried, and wherein
said
until duly discharged by the court, and
of this fail not at your peril, and our sheriff of our county of
commanded then and there to make return of this writ and certify to our said court how he
executes the same.
not found in my
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You are summoned that all excuses and delays being set aside you
You
of our territory aforesaid at our said superior court
to be held in and for the northern circuit at the town of
of the term of our said court,
then and there to be tried, and wherein
plaintiffs and
defendant on the part of the said
and from day to day until duly discharged by the court, and not depart the
said court without the leave thereof--and of this fail not at your peril and our sheriff of our coun-
ty of
and certify to our said court how he executes the same.
forthwith
Executed on Hubert
&
on the
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You are summoned that all excuses and delays being set aside you
personally be and appear before the judges of the superior court of our terri-
tory aforesaid at our said superior court
to be held in and for the northern circuit at the town of
to testify and the truth to tell in a certain case then and there to be tried, and wherein
B C
said
until duly discharged by the court, and not depart the said court without the leave therof--and
of this fail not at your peril, and our sheriff of our county of
commanded then and there to make return of this our writ and certify to our said court how he
executes the same.
Executed this
found
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Bill of