William Clark v. Louis Brazeau Jr. and Auguste Brazeau

Item

William Clark V. Louis Brazeau Jr. And Auguste Brazeau. 1817, St. Louis Circuit Court Historical Records Project, accessed October 4, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60589

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Case Title: William Clark v. Louis Brazeau Jr. and Auguste Brazeau
Series: Lewis and Clark
Plaintiff: Clark, William
Defendant: Brazeau, Auguste; Brazeau, Louis Jr.
Date Filed: 1817-09-13
Filing Date: 1817-09-13
Plaintiff’s Attorney: Hempstead, Charles S.
Defendant’s Attorney: Easton, Rufus
Court Name: St. Louis Circuit Court
Clerk: Leduc, Marie Philip; M'Girk; Gamble, Archibald
Sheriff: Thompson, John W.; Heuart, Ch.
Sworn Declarant: Landreville, Andre; Delauney, David; Debault Delassur, Charles; Soulard, Antoine; Chouteau, Pierre; Chouteau, Auguste
Cause of Action: Trespass; Ejectment
Case Notes: Brazeau constructed slaughter house in 1808; damages $2,000.
Case Number: 69
Identifier: ccr1817.01409.016
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **William Clark v. Louis Brazeau Jr. and Auguste Brazeau**

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**Page 1** (1409_001.jpg)
> *Legal Function: complaint*

Territory of Missouri
County of Saint Louis In the Circuit court
in said county of the
term of October in the
you [illegible]
William Clark by Charles S. Hempstead
his attorney complains of Louis Brazeau Junior
and Auguste Brazeau of a plea of [illegible] trespass
fe, for this, that heretofor towit on the first day
of January in the year of our lord One thousand eight
hundred fifteen the said plaintiff was legally
entitled to seized and possessed in fee simple absolutely
of a certain lot or parcel of ground situate lying and
being in the town of saint louis in the county aforesaid
and bounded as follows towit Eastwardly, by the river Mississippi - Southwardly by the lot of Ground
owned, & possessed by the late Vincent Bouis deceased
Westwardly on the rear of the lot of said plaintiff formerly
owned by said Vincent Bouis- and one John G Conegys
and by the aforesaid Defendants and Northwardly by the crop street
leading to the river Mississippi which crop street
separates the above described premises from the lot,

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**Page 2** (1409_002.jpg)
> *Legal Function: complaint part 2*

of Rene Paul the said plaintiff
[illegible] County of Saint Louis aforesaid and within, the jurisdiction, of this court on the day of year
aforesaid was then & there absolutely seized, & possessed
of the, premises aforesaid in fee simple and entitled to all
the priveleges,[?] and rightly then & there,
unto belonging being so thereof legally entitled
to seized & possessed as of his own proper estate in fee simple the said Defendants Louis Brazeau junior &, August Brazeau then with force
and arms, and against the peace entered into and up
on the possession of the said, plaintiff and him ejected
expelled and removed from the premises aforesaid and kept out, and still keeps the [illegible]
out of the possession, thereof - & did then & there with force and arms tread down the plaintiffs grass and hedges,
and break his soil - deg up and carry away off his stone quarry thereon towit,[?] -One
thousand loads, of stone- of the value of five, hundred
dollars & other injuries and enormities, the said
Defendants to said plaintiffs [illegible] there did- against the peace- & to his damage one thousand Dollars and to recover possession of, said lot of ground with the [illegible]

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**Page 3** (1409_003.jpg)
> *Legal Function: complaint part 3*

[illegible] his said Damages, the plaintiff brings,
this suit by his attorney,

*Ch. S. Hempstead*
> *Legal Function: summons*

Territory of
Missouri County , of St Louis , [illegible] the United States , of
America , to the sheriff, of
saint louis county, Greeting,
We command you, to summon, Louis
Brazeau junior, and Auguste Brazeau , that
they, be and appear before our next Circuit , Court , to be held, at the town of St Louis
[illegible] and for the County aforesaid before our Judge on the second Monday of [illegible]
next, then there to answer, unto William Clark , of a plea. of [illegible] & trespass, to the
damage of, the said William two thousand dollars,
and have you then, there this writ

*Witness Mary Philipe,[?] Leduc Clerk, of
Said said court, of St , Louis this thirteenth day, of September, in the year of our Lord Christ, one thousand eight hundred, and seventeen and of,
our independence, the forty second, [illegible] M. P . Leduc Clerk,*

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**Page 4** (1409_004.jpg)
> *Legal Function: certificate of filing*

filed Sept 13th
1817
[illegible]

*M. P. Leduc clk*
> *Legal Function: caption*

No. 69
William Clark
vs,
Louis Brazeau, Auguste
Brazeau ,
[illegible]

*[illegible]*
> *Legal Function: cover*

This is an action, of [illegible] brought
to recover possession, of a
[illegible] in the Town,
of S , Louis [illegible] of
summons issue, accordingly
Damages [illegible] 2000

*[illegible]*
> *Legal Function: certificate of execution*

Executed, this writ, by
reading the, same and
[illegible], to the within,
named defendant, in
the Town and County ,
of Saint , Louis September
24th 1817 [illegible]
for [illegible]

*[illegible]*
> *Legal Function: bill of costs*

|   |   |
|---|---|
| service, | \$1.20 |
| | 66 |
| | 161 1/2 |
| | 116 |
| | [illegible] |

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**Page 5** (1409_005.jpg)
> *Legal Function: Summons for Andre L'Andreville, David Delaunay, Antoine Soulard and Another*

Territory of Missouri , County of St. Louis , sct. The United States of America , To the Sheriff of S , Louis county-Geeting.
You are herby commanded to summon Andre L Andreville, - [illegible]
that setting aside all manner of excuse and delay they, be and appear in proper person before the
Judge of our circuit court on the Twenty fourth day of October [illegible] 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 Wllm Clark,[?] plaintiff,
and Louis Brazeau, & Auguste
Brazeau , defendant on the
part of the plaintiff and have you then and there this writ.

*Witness, Archibald Gamble , Clerk of our said circuit court, at the
town of St. Louis , this Seventeenth day of October in
the year of our Lord, one thousand eight hundred and eighteen
and of the Independance of the United States the forty third [illegible] Clerk, St. L . C. C.*

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**Page 6** (1409_006.jpg)
> *Legal Function: caption*

S Louis Circuit , Court
Oct Term 1818
Wlm,[?] Clark
vs
Louis Brazeau Jr, Auguste,
Brazeau
Subpoena
David Delamiary
Andre L Andreville
Charles D. Delassus
Antoine Soulard for plff.

*21th Oct 1818 Hemptstead for plff*
> *Legal Function: certificate of execution*

Executed on Andre L Andreville
Charles D Delassus, Antoine Loutau,[?] David Dilany not found,

*J.W.Thompson*
> *Legal Function: bill of costs*

|   |   |
|---|---|
| service, | 99 |
| non est | 50 |
| travel, | 12 1/2 |
| | $ 1,61 1/2 |

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**Page 7** (1409_007.jpg)
Territory of Missouri , County of St. Louis , sct. The United States of America , To the Sheriff of S Louis , county-Greeting.
You are hereby commanded to summon Pierre Chouteau Senr Auguste Chouteau, ,[?]
that setting aside all manner of excuse and delay they be and appear in proper person before the
Judge of our circuit court on the twenty first day of october 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, wherin William Clark , is plaintiff,
and
Joseph , & Auguste Brazeau , defendants on the
part of the
defendants, and have you then and there this writ.

*Witness, Archibald Gamble , Clerk of our said circuit court, at the
town of St. Louis , the nineteenth day of october in
the year of our Lord, one thousand eight hundred and Eighteen
and of the Independance of the United States the forty third, [illegible] Clerk, St. L . C. C.*

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**Page 8** (1409_008.jpg)
> *Legal Function: caption*

S'Louis Cir Court ,[?] Oct Term 1818
William Clark vs Brazeau ,
for Pierre Chouteau Auguste Chouteau Andrew Landreville ,

*Subpo,[?]*
> *Legal Function: certification of execution*

Executed, on Auguste Chouteau and, Andrew Landreville ,, Pierre Chouteau not found in Town,

*Ch. [illegible] [illegible] for Jn W Thompson shff,[?]*

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**Page 9** (1409_009.jpg)
Territory of Missouri , County of St. Louis , sct. The United States of America , To the Sheriff of St Louis , county-Greeting.
You are hereby commanded to summon L B Sarpe & Francois Valois ,
that setting aside all manner of excuse and delay they be and appear in proper person before the
Judge of our circuit court on the twenty first day of october 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 Wm Clark , is plaintiff,
and august & Joseph Brazeau , defendants [illegible] on the
part, of [illegible] defts, and have you then and there this writ.

*Witness, Archibald Gamble , Clerk of our said circuit court, at the
town of St. Louis , the 19th day of Octr in
the year of our Lord, one thousand eight hundred and Eighteen
and of the Independance of the United States the forty third,
A Gamble , Clerk, St. L . C. C.*

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**Page 10** (1409_010.jpg)
> *Legal Function: caption*

S'Louis Cir Court ,[?]
Oct term 1818
Clark vs Brazeau ,
[illegible]
> *Legal Function: certificate of execution*

Executed

*Ch. Heuart[?] for Jn. W. Thompson[?]*

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**Page 11** (1409_011.jpg)
> *Legal Function: Answer of Louis and Auguste Brazeau*

In the Circuit, Court of the County , of St Louis
Louis Brazeau
and August Brazeau adsm William Clark ,[?]
And, the said Louis Brazeau Junior ,
and August Brazeau, by Rufus Easton ,[?] their attorney comes,
& defend the force and injury, when and where they ought
to do and say they are not guilty, of the said
Supposed trespass, and [illegible] above said, to their charge or, of any part thereof, in manner, and form, as the said William Clark , hath above thereof
complained against them and of this they the said,
Louis & August put, themselves upon the country [illegible].
And for further plea, in this behalf, according
to the statute, in case made and provided,
they the said Louis Brazeau , and August Braze,-
au the defendants, say that the said William Clark
the plaintiff aught, not to have or maintain,
his his aforesaid action, Therof against them because,
they say that by an act, of the Congress, of the United States entitled an act making further provision for setting, the claim, to land, in the terriroty,[?] of
Missouri , ” approved June Thirteenth eighteen hundred,
and twelve, it is provided, among other things that
the right, [illegible], and claims, to Town or Village about the common field to wit, and commons, in and
adjoining, and belonging, to the several towns, or
villages, of Portage des Sioux, St Charles , St ,[?] Louis Ferdinand, villa a Roben, Barondalle, St Gen,[?]-
iveve, New Madrid , New Bourbon,[?], Little Provice,[?] and Arkansas , in the Territory, of Missouri which have been instated [illegible] or possessed, prior, to thirtieth day, of December, one
thousand eight hundred and three shall be, and the same, are hereby confined, to the inhabitants, of the respective towns or villages,

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**Page 12** (1409_012.jpg)
> *Legal Function: Answer of Louis and Auguste Brazeau part 2*

aforesaid, according to their Lord right
or rights in [illegible] there to;” [illegible] the said
defendants further say that the said lot, or parcel,
of [illegible] in the said plaintiffs declaration,
mentioned was a town and village lot situated,
by [illegible] and being, in the town of St , Louis and a village lot, in the said village, of st, Louis in the said County of St , Louis in the
Territory, of Missouri on and prior, to the aforesaid
this tenth, day of June, in the year of eighteen hundred
and twelve aforesaid, and one, Louis Brazeau Junior , was then and there an in [illegible] of said
town [illegible] on and prior, to the aforesaid [illegible]
day of December, in the year of one thousand,
eight hundred and three aforesaid, and the
said the thirteenth day of December one thousand
eight hundred and three and for a long
space of time before that day to wit, for
the period of twenty three years prior, to the
said twentieth day of December in the
year of one thousand eight hundred and
thirteen aforesaid at St , Louis aforesaid possessed,
by the said Louis Brazeau Junior , who claimed,
the said Town and village lot, for the
whole period of time, aforesaid and was then,
and there, an inhabitant of the said town,
of St , Louis and for a long period of time
there after, towit until, the second day of
December in the year of our Lord one
thousand eight hundred and thirteen
during all which time he, the said, Louis
Brazeau possessed, the same town and
village lot, whereby and by and by [illegible]
the aforesaid act of congress, the
right [illegible] and claim, to the said town
and village lot became confined,

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**Page 13** (1409_013.jpg)
> *Legal Function: Answer of Louis and Auguste Brazeau part 3*

to and was, the property estate, in [illegible] and
of [illegible] and vested, in him the Said Louis
Brazeau Junior , his heirs and assigns forever, in
virtue, of the law of congress aforesaid, and
the said defendants, over that the lot of ground,
in the declaration, of the said plaintiff above mentioned, and the village, and
town, lot so confined, to the said Louis Braze,
au Junior, as aforesaid, is our and the [illegible]
said defendants, further say that afterwards,
and often the [illegible] to and possession, of the lot, of ground, as aforesaid, and
by, the said Louis Brazeau Junior to wit on,
the second, day of december, in the year of,
one thousand eight hundred, and thirteen,
at the town of, st Louis, in the County , of St Louis aforesaid, he the said Louis Brazeau Lenin made, his estate deed in writing under, his hand, and that of [illegible]
and which is now here, to the [illegible] and then and delivered, the said
deed commonly called a, deed sale witnessed,
by Bossenou,[?] and M. P . Leduc , to then
the Said defendants, and [illegible] the
consideration claims, and [illegible] in the
same, deed mentioned, and set forth, did
grant bargain sell assign, and transfer unto the,
Said defendants, and to these heirs and assigns forever, the Said village, lot and lot of ground,
in the Said declaration mentioned, and
confirmed, to him, Said Louis Brazeau , as aforesaid, by the description, of a lot situate, in the town, of St Louis aforesaid,
which to wit lot as described, in said deed

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**Page 14** (1409_014.jpg)
> *Legal Function: Answer of Louis and Auguste Brazeau part 4*

contain forty five feet, and a half, foot
fronting, upon the principal street, which separates, the lot from, that on which Mr David Delanney resides bounded,[?] to the North, to that belonging,
to [illegible] on the South, to [illegible] and to
the East, on the Mississippi , upon which there is a stone,
house of thirty eight feet, and a half, long upon
[illegible] in depth whereby, the [illegible] the [illegible]
and [illegible] to the paid lot, of ground, in the
declaration mentioned, and the village lot confirmed, to the said [illegible]
vested absolutely in there the said defendants their heirs and assigns forevers,[?] and this the
Said defendants, are ready, to verify wherefore,
they pray judgement, if the Said plaintiff aught,
to have, and maintain, his said action thereof,
above against them,

*Easton for Defendants,[?]*
> *Legal Function: notarization*

Territory, of Missouri County , of St , Louis
Mary Philip Leduc Clerk of, the Circuit Court within, and for the County aforesaid,
do certify, the forgoin[?] to be a true copy, of
the plea, as the [illegible] case
witness my, hand [illegible] and seal, this
twenty ninth, day, of January, in the
year eight hundred and eighteen,

*M. P Leduc Vlerk,[?] A.I. M'Girk DCLK[?]*

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**Page 15** (1409_015.jpg)
> *Legal Function: Motion to Dismiss for Failure to State a Claim*

In the St St. Louis Circuit Court , Action, of [illegible]
William Clark ,
vs
Louis Brezeau Junir & Auguste Bregeau,[?]
And he the said William Clark , as to the plea of the, said Louis, and Auguste ,
by them first above pleaded, and whereof, they have put themselves upon, the Country, clerk the like,
And the said William Clark , as to the plea of them, said Louis, and Auguste , by them secondly,
above pleaded,, saith that the same and,
the matters therein contained, in manner, and form,
as the same as above pleaded,, and set forth, are
not sufficient, in [illegible] to bar, or preclude him, the
said William , from having, or maintaining his aforesaid action thereof against, them the said Louis, and
Auguste , and that he the said William , is not bound, by the law of the land, so [illegible] the same
Wherefore, for want, of a sufficient plea in, this behalf he, the said William prays judgement,
and his Damages [illegible]

*W Hempstead, of [illegible]
for [illegible]*

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**Page 16** (1409_016.jpg)
> *Legal Function: caption*

Clark vs Brezeau,[?]
Aplication
[illegible] to pleas.
Simclisa to first plea
[illegible] to second,

*Copy served, on [illegible] Dfts Counsel, January
24th 1818 [illegible]*
> *Legal Function: certificate of filing*

filed, February 9th
1818

*[illegible]*

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