Sherred G. Swaine v. Edward Hempstead
Item
Sherred G. Swaine V. Edward Hempstead. 1809, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60542
- Case Title
- Sherred G. Swaine v. Edward Hempstead
- Series
- Lewis and Clark
- Plaintiff
- Swaine, Shered G.
- Defendant
- Hempstead, Edward (Executor)
- Lewis, Meriwether (Estate of)
- Date Filed
- 1810
- Filing Date
- 1810
- Court Name
- District of St. Louis, Court of Common Pleas
- Court Term
- 1810-11
- 1811-07
- Judge
- Bent, Silas
- Hammond, Samuel
- Clerk
- Riddick, Thomas F.
- Justice of the Peace
- Moorhead, Forgus
- Sheriff
- McNair, Alexander
- Sworn Declarant
- Solomon, Samuel
- Clarke, William
- Cause of Action
- Action of Debt
- Case Notes
- Estate of Meriwether Lewis; for keeping one mare and twenty head of cattle; account $58.
- Case Number
- 31
- Identifier
- ccr1810.01090.014
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Sherred G. Swaine vs. Edward Hempstead**
---
**Page 1** (1090_001.jpg)
> *Legal Function: Evidentiary Document*
Estate of [illegible] Meriwether Lewis , To, S: G: [illegible] Swain [illegible]
Aug 11, 1810 -
| | |
|---|---|
| To [illegible] keeping months, [illegible] 2 Dolls [illegible] | \$18.00 |
| To [illegible] twenty [illegible] 1 nov 1809
[illegible] April [illegible] 1820, [illegible] | [illegible].00 |
| | $ 58.00 |
| | $ 58 |
Summons
---
**Page 2** (1090_002.jpg)
> *Legal Function: Caption*
S G Swane
[illegible] $ 5 [illegible]
---
**Page 3** (1090_003.jpg)
> *Legal Function: Defendant's Motion to Set Aside the Proceedings of the Justice*
[illegible] Hempstead of St. Louis
[illegible]
The [illegible] Def. moves to set aside the
proceedings of the [illegible] Justice for the
reasons following-
1. [illegible] Because
the [illegible] was [illegible] by the
[illegible] a the [illegible]-
2. Because [illegible] it does not appear that either
party [illegible] to [illegible] day [illegible] named [illegible]
3. Becuase [illegible] no judgment has been [illegible] rendered by the Justice
4. Because the proceedings, [illegible]
*[illegible] E Hempstead*
---
**Page 4** (1090_004.jpg)
> *Legal Function: Caption*
[illegible]
of [illegible]
[illegible]
[illegible]
of [illegible]
> *Legal Function: Defendant's Motion to Set Aside the Proceedings of the Justice Part 2*
[illegible] the [illegible] the [illegible] -
---
**Page 5** (1090_005.jpg)
> *Legal Function: Defendant's Plea of Nil. Debet*
Edward Hampstead
[illegible]
Sherod Swaine
The Defendant [illegible] pleads
nil [illegible] debet & that he hath fully administered the
estate of the said Meriwether Lewis deceased - &
that since the [illegible] of the Judgment said on
in this case no goods [illegible] & chattels which were of
the said Meriwether Lewis [illegible] at the time of his
death [illegible] the deft could have satisfied
the plaintiffs demand or any part thereof have come to the hands
knowledge or [illegible] possession of the said Defendant & this he
is ready to verify to
*[illegible] Bartow for Deft*
> *Legal Function: Demurrer*
The defendant [illegible] demursto the [illegible] two last pleas of
defendant [illegible] above pleaded and for causes of
demurrer in [illegible] law sits down and [illegible]
shows to the court here the following [illegible]
---
**Page 6** (1090_006.jpg)
> *Legal Function: Summons of William Carke and Samuel Solomon*
Territory Of Louisiana District Of St.Louis Sct. The United States of America to the Sheriff of St.Louis
District--Greeting.
You are hereby commanded to summons William Clarke and
Samuel Solomon
that setting aside all manner of exuse and delays they & each of them be and
appear in proper person before the judges of our Court of common pleas on the
second day of July next at the
[illegible] town of Saint Louis then there to testify and the truth to say in a cer-
tain matter of controversy now pending in our said court, wherein Sherred G.
\- Saine is plantiff and Edward Hampstead admin-
istrator of [illegible] Meriwether Lewis deceased
defendant on the part of the defendant and have you
then there this write.
*Witness The Honbl. Silas Bent pre-
siding judge of our said court at the town of St. Louis the
twenty Eighth day of May
in the year of our Lord, one thousand eight hundred and
Eleven and of the Independence of the
United States the thirty fifth ThosFRiddick Clerk of St. L . D . C. P.*
---
**Page 7** (1090_007.jpg)
> *Legal Function: Caption*
St Louis Com pleas
July Term 1811
Sherred G Swaine
vs
Edward Hempstead
administrator of
[illegible] Meriwether Lewis deceased
[illegible] subpoena
*William Clark [illegible] &
Samuel Solomon
Executed
[illegible] A McNair Shf [illegible] sum 66 cent*
---
**Page 8** (1090_008.jpg)
> *Legal Function: Judgment*
S G [illegible] Swaine
[illegible] vs.
Edward Hempstead
adm of Meriwether Lewis deceased
Summons
[illegible] cost
\$58.
[illegible] return of a constable
executed
On the 30 August 1810. [illegible]
were appointed and they found in favour of
[illegible] Pltff forty eight dollars [illegible] therefore judgment
by me for forty eight Dollars.
*truly [illegible] copiedfrom
my [illegible] docket [illegible] Forgus Moorhead*
> *Legal Function: Judgment Part 2*
Nov 7 1810
[illegible] Justice of the Peace for
[illegible] St. Louis Township
District of St. Louis
defendant [illegible] & payment and
[illegible] for \$100.
*E [illegible] Hempstead [illegible] to [illegible]*
---
**Page 9** (1090_009.jpg)
> *Legal Function: Certificate of Filing*
31-
filed 8 november 1810
---
**Page 10** (1090_010.jpg)
> *Legal Function: Certiorari*
No 31
Nov Term 1810
Sherreded G. Swaine
[illegible] vs
Hampstead [illegible] adm
of Lewis
[illegible] Certiorari
Monday-
| | |
|---|---|
| Clerk | [illegible] \$8.82 |
| [illegible] | 1.72 |
| [illegible] | 0.40 |
| [illegible] | 1.00 |
| [illegible] Attorney | 3.00 |
| | \$14.94 |
| [illegible] | 48.00 |
| | \$62.94 |
> *Legal Function: Certiorari Part 2*
[illegible]. [illegible]
17 or 18 or 20
1 [illegible] 4 or 5 [illegible]
perhaps longer
[illegible] Clark [illegible]
8th-July
Administration in
[illegible] Aft
saw the [illegible] the
[illegible] in good order
the cases in [illegible]
---
**Page 11** (1090_011.jpg)
> *Legal Function: Summons of Edward Hempstead*
Forgus Moorhead [illegible] Esq a Justice
Sir Edward [illegible] Hempsted administrator of the Estate
Meriwether [illegible] Lewis of your township is indepted
to me in the sum of fifty Eight Dollars on
[illegible] I request you to issue [illegible] process against the
said [illegible] Hempsted to appear before [illegible] and [illegible] show
cause why I ought not to recover the said
[illegible] Demand with costs [illegible] against him
*[illegible]S. G. Swain*
> *Legal Function: Summons of Edward Hempstead Part 2*
To [illegible] the constable of the town of[illegible] St. Louis
In the District of[illegible] St. Louis Summons Edward
[illegible] Hempsted to appear before me a justice of the
[illegible] peace on the [illegible] twentieth day of this [illegible] between
the [illegible] hours of two and four In the after noon
to answer [illegible] to [illegible] S. G. Swane the above [illegible] demand
given under my hand the 15th day Augst. 1810
*[illegible] Forgus Moorhead*
---
**Page 12** (1090_012.jpg)
> *Legal Function: Certificate of Filing*
filed nov 1811
*[illegible]*
> *Legal Function: Caption*
Summons
*Edward Hempstead*
---
**Page 13** (1090_013.jpg)
> *Legal Function: Summons of William Clarke and Samuel Solomon*
Territory Of Louisiana , District Of St. Louis sct. The United States of America , to the Sheriff of St St. Louis
DistrictGreeting.
You are hereby commanded to summons William Clark & Samuel Solomon
that setting aside all manner of excuse and delay they be and appear in proper
person before the judges of our Court of [illegible] Common pleas — on the fourth
day of November next, at the town of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said court,
wherein [illegible] Sherred G. Swaine is plaintiff and Edward [illegible] Hempstead adm of Meriwether Lewis defendant, on the part of the Defendant — and have you then
there this writ.
*Witness the honorable Samuel [illegible] Hammond Esquire pre-
siding judge of our said court, at the town of St. Louis , the
Eleventh day of September in the year of our
Lord, one thousand eight hundred and Eleven and of
the Independence of the United States , the Thirty Sixth [illegible] Thos F. Riddick Clerk of St . L. D.*
---
**Page 14** (1090_014.jpg)
> *Legal Function: Caption*
St Louis Com pleas
November Term 1811
[illegible] Sherred G. Swaine
vs
Edward [illegible] Hempstead adm. of Lewis
[illegible] Subpoena
*William Clark Samuel [illegible] Solomon X Excuted
[illegible] A McNair , Shf [illegible] sum 66 cent*
Sherred G. Swaine V. Edward Hempstead. 1809, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60542