Gilbert Russell v. Edward Hempstead
Item
Gilbert Russell V. Edward Hempstead. 1809, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60541
- Case Title
- Gilbert Russell v. Edward Hempstead
- Series
- Lewis and Clark
- Plaintiff
- Russell, Gilbert
- Defendant
- Hempstead, Edward (Executor)
- Lewis, Meriwether (Estate of)
- Date Filed
- 1810
- Filing Date
- 1810
- Plaintiff’s Attorney
- Graham, J. A.
- Defendant’s Attorney
- Hempstead, Edward
- Court Name
- Territory of Louisiana, District of St. Louis
- Court Term
- 1811-03
- Judge
- Bent, Silas
- Clerk
- Riddick, Thomas F.
- Sheriff
- McNair, Alexander
- Cause of Action
- Trespass on the Case
- Case Notes
- Estate of Meriwether Lewis.
- Case Number
- 7
- Identifier
- ccr1810.01066.010
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Gilbert Russell vs. Edward Hempstead**
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**Page 1** (1066_001.jpg)
> *Legal Function: Complaint*
of the said [illegible], have been often required
but the same to him to pay altogether refused, [illegible]
the same to him to pay, the said Edward
[illegible] May still both refuse whereupon the
said Gilbert says he is [illegible] da
mage [illegible] to the value of Four hundred dollars
[illegible] he brings said.
*I. A. Graham
[illegible]*
---
**Page 2** (1066_002.jpg)
> *Legal Function: Summons*
[illegible]
District of Saint Louis [illegible]
The sheriff of the district of
Saint Louis Greeting
We command you to summons Edward Hempstead admin-
istrator of all and singular the goods and [illegible] chattels , Rights and credits which
were of
Meriwether Lewis accused that accused -> declared ? [illegible] he be & appear before the [illegible] judges of [illegible]
court of common pleas to be holder at the town of Saint Louis in and for
the district of Saint Louis on the [illegible] first Monday of [illegible] March than there
to answer unto [illegible] Gilbert C. Russell of a plea of [illegible] trespass on the case to the
damage of the said [illegible] Gilbert C. Russell the sum of [illegible] four
[illegible] hundred dollars [illegible] have you then there this writ
*Witness the [illegible] honbl Silas Bent Esquire presiding judge of [illegible] our said
court at the town of saint louis aforesaid this fourteenth day of
december in the year our lord one thousand eight hundred & Ten
and four independence the thirty fifth [illegible] [illegible] Thos. Riddick, clk*
> *Legal Function: Caption*
No 7
[illegible] Gilbert C. Russell
[illegible] vs.
Edward Hampstead
Administrator of the
estate of [illegible] Meriwether Lewis
March Term 1811
*[illegible] Issue summons
J. A. Graham
Executed
[illegible] A McNair Shf
[illegible]*
---
**Page 3** (1066_003.jpg)
> *Legal Function: Complaint*
[illegible] District of St. Louis -
Gilbert [illegible] C. Russell complains of Ed-
ward [illegible] Hempstead , administrator of all & [illegible] singular the goods [illegible] rights [illegible], which
were of [illegible] Meriwether deceased at the time
of his death [illegible] after pleas of a [illegible] upon
[illegible] whereupon the said
Gilbert complain, that whereof the [illegible] said Meriwether in his lifetime, to [illegible] wit on the
twenty seventh day of September in the
year of our Lord one thousand eight hun-
dred & nine, [illegible] at St. Louis of did makes
his certain note in writing called a promi
sory note, with his proper hand subscribed,
[illegible] the same day & year and that
note to the said Gilbert [illegible] C. Rufsell did [illegible]
by which said note, the said [illegible] Meriwether
did promise to pay to the said
Gilbert on order on the fourth day [illegible] January
[illegible] then next evening, the sum of [illegible] Three
hundred & seventy nine dollars & fifty
eight events
---
**Page 4** (1066_004.jpg)
for value [illegible] by [illegible] whereof the [illegible] said Meriwether become changeable to pay the said Gil-
bert the [illegible] sum of [illegible] hundred of seventy
nine [illegible] dollars a fifty eight only only -> cents , according [illegible] to the
[illegible] of the said note, and being so chargeable.
The said [illegible] Meriwether afternoon afternoon -> afterwards , to writ, the [illegible] same day a year [illegible] of , at the district [illegible] of in [illegible] consideration
[illegible] there faithfully [illegible] promised that the [illegible] of sum of [illegible] money when he should be [illegible] to required
[illegible] he would will [illegible] treaty [illegible] pay [illegible] bimonthlys , the said [illegible] Meriwether , his promises [illegible] affirmaytion [affirmation]
, in form [illegible] of made, not regarding, but
contracting contracting -> contriving [illegible] fraud [illegible] intending him the
said [illegible] Gilbert , in this behalf, [illegible] craftily subtilely to [illegible] deceive and defraud, the [illegible] of three
hundred [illegible] seventy [illegible] nine dollars [illegible] eight
[illegible] cents , or any [illegible] part thereof , during his life [illegible] time
to the said [illegible] Gilbert hath not [illegible] paid , not the
said [illegible] Edward administrator as [illegible] since his
[illegible] death (altho' to [illegible] do the same, the said [illegible] Meriwether in his lifetime, of the said [illegible] Edward , since
the [illegible] death
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**Page 5** (1066_005.jpg)
> *Legal Function: Defendant's Plea*
E. [illegible]
[illegible]
[illegible]
*filed March 9th 1811 [illegible]*
> *Legal Function: Defendant's Answer Part 2*
361.61
125
718.45
18.75
30.75
10
48
559
750
229
331.45 [illegible]
379.58
3442.59 [illegible]
1032.70
2449 89 [illegible]
438
592.90
1032.70
---
**Page 6** (1066_006.jpg)
> *Legal Function: Defendant's Answer Part 3*
[illegible] have [illegible] come to his hands, all which
he is ready to verify wherefore [illegible]
*[illegible] Hemstead*
---
**Page 7** (1066_007.jpg)
> *Legal Function: Defendant's Answer*
Edward [illegible] Hemstead administrator
of [illegible] Meriwether Lewis deceased.
[illegible]
The defendant in proper
person pleads:- that at the time of exhibiting [illegible] the
plaintiffs writ. [illegible] day of in the year
of [illegible] our Lord. One thousand eight hundred & Eleven at
[illegible] the Form and District of Saint Louis , - then had
come into his hand [illegible] . Goods, [illegible]. and property of the said [illegible], to the
amount as appraised according to [illegible] dan,, of One
thousand one Dollar, [illegible] a seventy cents:- That on
the twenty second day of August last part, a part
of the said estate. [illegible] by him [illegible] to public
sale, on a [illegible] credit of [illegible] Six months, and sold to
the amount of four hundred & thirty eight Dollars:
and [illegible] there remains in his hands unsold. So the
amount of the appraised value of five hundred
& ninety two Dollars, [illegible] seventy cents, in [illegible]
territorial certificates uncollected and unpaid
[illegible] (out of which is to be Deducted [illegible] the charges [illegible] few of
administering on the said estate & the amount of
compensation to this Defendant not yet allowed
[illegible] that the following Demands
have been presented to him as administrator of the
said estate-..- To [illegible] Jacob Philipeon on a
Mortgage: The [illegible] promises decreed to be sold [illegible]
a balance of \$361.61- [illegible] charles note of hand against the said [illegible] Lewis
for the sum of one hundred & twenty five Dollars.
-..- [illegible] against the said
Louis Louis -> Lewis , for the sum of seven hundred eighteen Dollars
& forty five cents. -..-
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**Page 8** (1066_008.jpg)
A [illegible] a Bill [illegible] of exchange [illegible] by said [illegible] Lewis in
[illegible] of [illegible] Peter proven chou on James [illegible] Madison Secretary of State, for the [illegible] sum of of Eighteen [illegible] Dollars
and [illegible] Seventy five cents. - Said [illegible] Lewis's note to
[illegible] Antoine Saugrain for Thirty [illegible] Dollars Seventy five cents.-
[illegible] Said Lewis's note to August [illegible] Chouteau for
Ten Dollars. A Judgment against [illegible] this Defendant
as Administrator as [illegible] aforesaid , in favor of [illegible] Shined G fraine by [illegible] a [illegible] the peace for the [illegible] of [illegible] Saint Louis , for the
Sum of Forty Eight Dollars: which said Judgment
this Defendant has [illegible] caused to be [illegible] removed to the Court
of [illegible] Common Pleas for the [illegible] District of Saint Louis
And an account of John [illegible] against said
[illegible] Lewis to the amount of [illegible] Five hundred fifty [illegible] nine Dollars A note in favor of [illegible] Alexander Stuart for
Seven hundred fifty Dollars, [illegible] under Seal [illegible] William H Thomas [illegible] protested Gift of Exchange against the [illegible] Estate
of said [illegible] Meriwether Lewis for the sum of [illegible] Two Hundred
[illegible] Twenty Dollars [illegible] of [illegible]
hand against said [illegible] Lewis for the [illegible] sum of Two Hundred
[illegible] thirty one Dollars [illegible] forty five one half [illegible] cents ,
which with the [illegible] plaintiff's demand in this suit
[illegible] makes in the whole the [illegible] sum of [illegible] Three thousand and
four Hundred [illegible] Fifty Two Dollars Fifty nine [illegible]
one half cents, which [illegible] the said [illegible] estate
not calculating the [illegible] fee, change, of
the [illegible] administration not yet [illegible] to the
amount of [illegible] Two Thousand and four Hundred and
[illegible] nineteen Dollars [illegible] Eighty Nine one [illegible] half cents
and that no [illegible] other Good a [illegible] chattels of the said
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**Page 9** (1066_009.jpg)
> *Legal Function: Defendant's Answer Part 2*
Bond for Costs
[illegible]
filed 14th December 1810
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**Page 10** (1066_010.jpg)
> *Legal Function: Bond for Costs*
Know all [illegible] by [illegible] these presents that I [illegible] Forgus Moorhead firmly bound to Thomas
[illegible] J. Redick for the sum of forty dollars
for the payment of which I find myself [illegible] to a
firmly by [illegible] payments, sealed with [illegible] my seal
the twelfth day of [illegible] Dec. A.D. eighteen
hundred [illegible] ten
The condition of this obligation
is such that if the said [illegible] Forgus will
pay the [illegible] of a suit brought by
Gilbert C. [illegible] Russell against Edward [illegible] Hempstead
admininstrator of the estate of M . [illegible] Lewis dec./ in [illegible] there is not [illegible] Judg against
[illegible] administration/ this obligation to be said
otherwise to remain inform & virtue
[illegible]
*[illegible] [illegible] Forgus Moorhead*
Gilbert Russell V. Edward Hempstead. 1809, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60541