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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.
I had the pleasure to
Yesterday morning the Honll. Mr. Scotts letter informing me
of yr arival at
the
adduped to M David from the
of our concern residing at Walpole New Hampshire
of which you was so good as to hand us with yours
of
in this have concluded an arrangement with your
company for goods I proper leaving this placed for
hope early in the following week.
pleasure of
such arrangements as will ultimate in advantage
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Care of the Hon.
Delegate from
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
No. 4
Statement of Furs
and Rules delivered D. Stone
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
That
day of January in the year of our Lord eighteen hundred and twenty
and in the life time of the said
siness under the firm of the
County aforesaid and your petitioners
in trade doing business under the name firm & style of
Stone Co. and the said
of the said
large sum of money, so wit, the sum of twenty six thousand
nine hundred and ten dollars ninety eight cents for drivers goods
payment whereof the said
to mortgage to your petitioners, the real estate in the seed here in after
set forth paticularly described and specificed and the said Manu
ual
and published his last will, and treatment in writing hearing date
on or about the
one thousand Eight hundred and twenty and three
things) declared that in no much on he has consented to excute a
mortgage on his property in
Stone Bostwick & Co. (meaning your petitioners & for goods purchas-
ed for the
and by the said will and treatment, did authorize and empower his
Executors (if necessary) to excute such mortgage according to the terms
and for the period agreed on between M. Bostwick (one of your
petitioners / and the said
by the same last will and treatment and for the execution there of did
nominate his wife
his brother - in law executor thereof and the said
that the said
day of in the year of our
Lord Eighteen hundred and twenty without altering or revoking the
said will: and upon his death the said
the
execution thereof and afterwards
in the year of our Lord Eighteen hundred and twenty
of
in them vested, made executed and delivered to your petitioners,
their certain indenture, hearing date the day and year last aforesaid
in the words and figures following
This Indenture made and concluded this
of October in the year of our Lord One thousand Eight
hundred and twenty
Boston Massachusetts of the other part. Witnesseth
that whereas in the life time of said
"
stead
Woods, and Mases B Carson did contract for and purchase of
said
dred and ten dollars ninety eight cents as will appear by ref-
erence to the accounts against said Company and in as much as
Said
property in the town of
ment of the aforesaid purhcase by said. "
but departed this life without so doing having in his last will
and testament dated
ized his aforesaid Executors so to do as will more fully appear by
reference thereto.
Now this Indenture Witnesseth that we, the afore-
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
said
as aforesaid by virtue of the Power and authority in us vested by the
aforesaid last will and testament of said
and in consideration of the said Debt of twenty six thousand
Nine hundred & ten dollars 98/100, owing by said "
pany" to said
months from the
the time above stated by said
and assigns and also in consideration of the further sum of five
dollars to be paid said parties of the first part well and truly
paid and satisfied by said
sealing of these presents the receipt whereof is hereby acknowledged,
have granted, bargained
these presents do hereby grant, bargain sell release & confirm unto
them said
and their heirs and assigns, the following real estate belonging to
said
ground situate, lying and being in the Town of
the dwelling house and other buildings thereon, on which the
said
measure in front, by one hundred and fifty in the rear; bounded in
front by main Street, North by a cross street which seperates the
same from
& south by the lot of
which was purchased by said
dated
by reference there to recorded in Book & page 140 & following in
the Clerks office for
the above granted and described premises, with the appurtenane
there unto belonging unto them said
&
Provided always and it is the true intent and meaning
of these presents and of the said parties hereunto that if said
do, and shall well and truly pay to the said
the said sum of twenty six thousand Nine hundred and the dollars
98/100 in the manner following that is to say in one year from the
and intent of these presents, then and from thence forth these
and every matter and thing therein contained, shall cease and be
null and void any thing herein contained to the contrary thereof in
any wise notwithstanding.
And the said
agree to and with the said
form following, that is to say, that if the aforesaid partners of said
some of them shall not well and truly pay or cause to be paid unto
the said
or their heirs, Executors, administrators or assigns the said sum of
twenty six thousand nine hundred & Ten dollars 98/100 in one year
from the
said
the foregoing mortgage to be foreclosed according to the Statute
in such case made and provided.
And lastly it is covenanted and agreed upon by both
and all the said parties to these presents and it is hereby declar
ed to be the true intent and meaning hereof and of the parties
hereunto that until defaults shall be made in the payment of
the said sum of money according to the true meaning and intent
of these presents it shall and may be lawful to & for the parties
of the first part and the heirs and assigns of said
deceased, peaceably and quietly to have, hold, occupy possess and
enjoy all and singular the said premises above granted and
released and every part thereof with the appurtenances.
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and to have receive and take the rents, issues and profits
thereof to said parties of the first our particular use and ben
efit any thing here in contained to the contrary in any wise
notwithstanding.
In Testimony our the Said
as Widow & Executive and Said
as aforesaid, have hereunto interchangeably set our hands &
affixed our seals at
written.
Five words interlined & approved
of before signing
Signed duplicates
Signed sealed and delivered
in the presence of
&
Which deed is now here to the Court shown.
And you petitioners over that the said
as aforesaid and said
Zenoni,
either of them nor any person for any or either of them have not
not paid the said sum of seventy six thousand nine hundred
and ten dollars & seventy eight cents to your petetioners or any or
either of them or any part thereof, and that the said
Executive and Executor and the said
Noods and Moser B Carson have hitherto wholly
neglected and refused so to do. Therefore your petitioners
pray that the said mortgage may before losed and the mortgage
premises therein mentioned of sold for the payment of the debt
due your petitioners as aforesaid and your petitioners pray
that the said
commanded to appear in your honorable Court and show
cause (if any they have why the said mortgage should not be
foreclosed and the mortgaged premises mentioned therein
sold &c.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
served on 13th Sepr
on Charles F Hampstead
by his acknow-
ledging
for himself and
also for
day in the
city of
vs
&
Execution of M Lisa
Petition to forclose
mortgage
Let a Summons issue
Command you to common
stead Executor of the last will and Testaments of
that
the next term thereof to be half at the city of
county of
to
thing to say, why the mortgage in said Petition mentioned should
not be fore closed and the mortgaged premises therein mentioned
sold according to this prayer of said petition and have you then
them this writ.
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And the said
defendants come and defend the wrong
and injury when &c. and for answer to
the said petition say that the said pe
titioners ought not to foreclose the said
mortgage and have the properly therein
mentioned sold for the payment of the
said supposed debt due to the petition
ers, because they say that on and before
the day when the said debt in the petition
aforesaid mentioned because due and pay
able towith, on the
in the year one thousand eight hundred
and seventy one,
B. Carson, the said partners of the said
"
truly pay to the said petitioners the said
sum of money in the said petition men
tioned, and this the said dependents are
steady to verify; wherefore they pray judge
ment &c.
and the said defendants further answering
say that the said petitioners ought not to fore
close the said mortgage and have the property there
in mentioned sold for the payment of the sup
posed debt therein mentioned because they say
that the said
for the sole purpose of trading with the Indians and
that the debt in the said petition mentioned accrued by
reason of advances made by said plaintiffs to said
dise, & moneys, for the purpose of enabling said
an the said trade that at the time when the said debt
was contracted to unit on the
in the year of our Lord one thousand eight hun
dred and twenty
agreed by and between the said petitioners and the
said
should he satisfied & discharged out of the first re
turns of
and that of the
mencement of this suit to unit on the
of July in the year one thousand eight
hundred and twenty one
pany brought to
the returners of their said made with the Indians
of great value to unit of the value of fifty thousand
dollars and for exceeding in value the amount
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
of said debt and them and there delivered the
whole of said Jury and pettries into the hands
of said plaintiffs in pursuance of said agree
ment between said plaintiffs & said
Company:
wherefore they pray judgment &c.
and for further plea in this behalf the said defen
dants say that said supposed mortgage ought not to be foreclosed
because they say that said supposed mortgage is not
their deed & of this they put themselves upon the country
&c.
and for further plea in this behalf said defen
dants say that said petitions aught not to foreclosed and
supposed mortgage and have the property therein mentioned
sold for the payment of the debt therein mentioned, be
cause they say that the said defendants were not law
fully authorised
said supposed Deed of mortgage in manner
and for the sum, as in said petition setforth and of
this said dependants put themselves upon the coun
try &c.
Executors of Lisa
David Stone
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You are hereby commanded to Summon
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge
of our
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein
and
on the part of the
D. Stone
vs
Lisa's Exty
for
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You are hereby commanded to Summon
Louis Bonipart
John
that setting aside all manner of excuse and delay, they beand appear in proper person before the Judge
of our
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein Stone Bostwick & Co. plaintiff,
and the Executors of M Lisa defendant,
on the part of the plaintiff and have you then there this writ.
Executed in
normed witness
on the
1825
of
Stone
vs
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And the said plaintiff for replication
to the plea of the said defendants first above
pleaded
not to be banned or
mentioned sold for the
said defendants did not on or before the day when the
said debt with said petitions mentioned because due
and payable by on the
in the year one thousand eight hundred and twenty one
at the
pay to the said Petitioners the said Petitioners of money in the
said Petition mentioned and this they may may be
required of by the country
defendant secondly above pleaded the said petitions
say they ought not to be barred or procluded from
having the said mortage fore closed and the
that it was not at the time when the said debt was
contracted to
the year of our lord one thousand eight hundred and
twenty at the county aforesaid or at any other term and
place agreed by and between the said petitioners and
the said
should be satisfied and discharged out of the first
returns of
nor
to
thousand eight hundred and twenty one at
deliver into the hands of said Petitions, furs &
of the value of fifty thousand dollars in discharge
and this they pray may be enquired of by the country
& Co.
And as to the third plea of the said defenders
above
And for replication to the plea of the said
defendants fourthly above pleaded the said
petitioners say they ought not to be barred
or
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
aforesaid and having she property
sold for the payment of the debt therein mentioned
because why say that the said Defendants was
fully authorised and
execute the said deed of mortgage in
and form and for the sum as in the said petition
set forth, and the said Defendants having
put themselves whom the country the said
Plaintiffs do the like.
David Stone & Co.
vs
1076-43
358-81
717-62
17940-66
6
107643-96
4
4305-72
717-62
5023-34
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and the said petitioner for replication
to the said plea of the defendants
by them secondly above pleaded the
said petitioners say that they ought
not to the baned and
from having the mortgage aforesaid
for closed and the premises therein
mentioned sold to satisfy the said
debt because they rag that the
said
not
of the said agreement in the said
plea mentioned in sales
of the said debt in the petition
mentioned in manner & form as
the said defendants have in
then said plea alledged and
this they the said petitioner
may be inquired of by the county
Stone Bostwick
vs
M. Lisa's Exts
Amended
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You are hereby commanded to Summon
Phillip Gray
that setting aside all manner of excuse and delay, he beand appear in proper person before the Judge
of our
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein Stone Boshwick & Co. plaintiff,
and M. Lisa's Excty defendant,
on the part of the Plaintiff and have you then there this writ.
Executed on
C.
on the
April 1825
Stone Bostwick
& Co.
vs.
M. Lisa's
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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 he be and appear in proper person before the Judge
of our
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein
and
on the part of the
D Stone & Co.
vs
Lisa's Extro
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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 he be and appear in proper person before the Judge
of our
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein
and
on the part of the
Executed on
F. Riddick
on
on
19th
on
in the city of
Stone Bostwick & Co.
vs.
M. Lisa's Excy
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As
in his will refered to an agreement that
had been previously entered into between
him & Mr Bostwich- it was necessary to
such proof the mortgage itself is not to be
taken as evidence that the mortgage
was in conformity with the contact
of there he other evidence of what the
the consideration 4.18
differing from that
deed —
2 my
deed exceeded the power given to
them the mortgage is void 464
recover in this action —
not afterwards