William Clark v. Auguste Brazeau and Louis Brazeau, Jr.

Item

William Clark V. Auguste Brazeau and Louis Brazeau, Jr. 1818, St. Louis Circuit Court Historical Records Project, accessed October 4, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60616

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Case Title: William Clark v. Auguste Brazeau and Louis Brazeau, Jr.
Series: Lewis and Clark
Plaintiff: Clark, William
Defendant: Brazeau, Auguste; Brazeau, Louis Jr.
Date Filed: 1819
Filing Date: 1819
Plaintiff’s Attorney: Tucker, Nathaniel B.; Hempstead, Charles S.
Defendant’s Attorney: Easton, Rufus; Pettibone, Rufus
Court Name: St. Louis Circuit Court; State of Maryland, City of Baltimore
Court Term: 1819-04
Judge: Provenchere, Pierre
Clerk: Gamble, Archibald; Leduc, Marie Philip
Sheriff: Grits, Andrew S.M.
Sworn Declarant: Comegyed, John G.
Cause of Action: Trespass; Ejectment
Case Notes: Document in French; lot in St. Louis.
Case Number: 157
Identifier: ccr1819.01181.020
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **William Clark v. Auguste Brazeau and Louis Brazeau, Jr.**

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**Page 1** (1181_001.jpg)
> *Legal Function: Reply to Petition*

Saint Louis County
Circuit court
Louis Brazean [illegible]
August Brazean adsm
William Clark
and the said Louis
& Auguste
by them said attorney
for [illegible] to the [illegible]of him
William the plaintiff secondly
by him above in reply say that the
plea of them the said defendants by
them secondly above pleaded in [illegible]
in law to ban and proclude[?]
him the said plaintiff from having
and maintaining his aforesaid action
thereof above against then said de-
fendants and this said defendants are ready to unify and prea se wherefire they said defendants pray
judgement [illegible]

*Easton for Dfds.[?]*

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**Page 2** (1181_002.jpg)
> *Legal Function: Caption*

St. Louis Circuit Court
Louis [illegible]
& Aug. [illegible]
adsm
10th Clark
A yoinder
Easton Atty

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**Page 3** (1181_003.jpg)
> *Legal Function: Bill of Exceptions*

William Clark vs
August Burgeas &
Louis [illegible] Junior
In the Circuit Court
In Saint Louis County
December Term 1819/
Be it remembered, that at the
present Term of the aforesaid Circuit Court
being the December Term there of in the year
One thousand eight hundred and nineteen, they
came for trial the aforesaid cause before a Jury
The plaintiff produced in evidence
a petition from Antoine Vincent Bouis
[illegible] the seventeenth day of October in the year
seventeen hundred and ninety three - for a grant
of the ground induding the premises in guiten
which said petition mar and repord to
Charles
Dehauet Delupers Lieutenant Governor of
the late provence of cepper Louis an a now
Territory of Missouri - accompanying and annexed
to said petition was a plea of the ground prayed
for - upon which said patition the said

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**Page 4** (1181_004.jpg)
petition the aforesaid Lieutenant Governor
made an order of survey and the Eighteenth
day of October aforesaid - which aforesaid Petition
plea and order of survey will more fully and
at large appear by a Copy there of hereunto
annexed trackand made part and parcel
of this Bill of exception
The plaintiff also proved his purchase
of the premises in question - from a certain John P Comegys
\- &the purchase of the same by said
Comegys from said Antoine Vincent Bouis &
Rife - as nice mone fully appear by the Copiy
of Driois admitted in evidence - and hereunto
annexed musked B & C and made part and parcel
of the Bill of Exception
By nature of which aforesaid petition plea
and order of sumay - and of theconveyance
aforesaid - & by virtue of the provisions of the
act of Congress confirming village &[?] [illegible]
in Saint Louis felse mhere to the person therein
[illegible] - which [illegible] act is [illegible] an
Act [illegible] [illegible] provision for selling [illegible] claims
to sand in the [illegible] of ellisoun” and approved
June 13. 1812

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**Page 5** (1181_005.jpg)
> *Legal Function: Bill of Exceptions*

the said planitiff claimed a verdict in his favor
The said planitiff also claimed a
verdict favor by virtue of prior possesion
and proved that fettrra since
Antoine Vincent
Bowl aforesaid guarried stone behind the set [illegible]
he had enclosed John which said Bouis
lived the place where the qucarred mis or [illegible]
of the ground mentioned in said petition
that five or six years since a slaughter house
has beines by louis [illegible] senior under whom
the Defendants claim - on the premises in dispute
and now sued for - and that at the time
he said Louis Brayns buiet said Slaughter house it was the first & only time he had occupied
that Ground
The plaintiff also produced in evidence are
application by Louis Braeaux[?] Senior to the Board of trustees of the Town
of St Louis dated in September one thousand eight hundred and eight In leave to build a slaughter house on the lot adjoining the one he then
occupied: said application was made in value
of an ordinance forbidding slaughter houses except in
certain cases...

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**Page 6** (1181_006.jpg)
> *Legal Function: Unknown*

The Defendants moved upon the closing of the plaintiffs testimony to nonsuit the plaintiff because it does not append that the plaintiff had popepion of the premises before the year One thousand eight hundred and three[?]

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**Page 7** (1181_007.jpg)
> *Legal Function: Bill of Exceptions*

The Count thereupon [illegible] the Jury
that the plaintiff could not sustain his action
without proof of posession [illegible] to October
1803, and that in this case the posession
of one spot [illegible] that in the rear if syus
enclosed tot could not be considered posession
of the adjacent ground in the rear of [illegible]
Lot-(meaning the lot purchased by [illegible]
of Berees -and laid down in the aforesaid place
in the lot of Bercees) which ground in rear of his [illegible] he held and
claimed all the time under an adverse claim
which was the only part of which the defendants had even
taken posession, and over which they the ancestor of the
defendants had claimed and excercise[?] of ownership
and had been reputed to be posessed of before and even
since the date of the said Petition
To this instruction the def[?]Plt. by his counsel
exacts and pays that this his bill of exceptions
may be made part of the record which is ordered
accordingly

*N. B. Tucker [illegible]*

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**Page 8** (1181_008.jpg)
> *Legal Function: Abstract of Notice*

A (No 3)
Abstract of the notice of Vincent Bouisded
to the recorder of Law fultes-Book D page 238~[?]
A part of a town tot containing 47 1/2 feet [illegible] by 150 me
depth, joining north to Louis Brazeau -South to Claimant
Eastwardly to claimant, and northwardly to first mainStreet
St St. Louis , No. 1public sale of the above part of town for 95 feet front of which 41 1/2 of it was sold by Claimant to Louis Brazeau , to public sale datedJune 1st 1788-and
the estate of Marce Picard - D: - Also 215 feet front by 72
in depth Joining north to vacant land, West to claimant
South to Vacant land & East to river Mississippi. No. 1 - a
Coucelsioce of the same granted to claimant by DwCh. Dele -
Delassus dated october 18th 1799
St Louis June 21st 1808
E - & [illegible]
for my father [illegible] Vincent-
D. No-1-
A Dw. Charles Dehanlt Delassus Scint Co [illegible] [illegible] an
regiment sipedela partre haute dela mence province - Dw
Sincint Bouis S. Sieict Deniclice [illegible] [illegible] pepe
sented gu ' claequit eu Veitie dince sente [illegible] en dattedoe
20 June 1787 [illegible] [illegible] Labbaoie laleiiedes 20[illegible]
defacisus 150 deprotondear imoiquied [illegible] lan fignialy [illegible]
la lettre A quised alledia 1st June 1788 is sus futadjuge
mar vents publique provenant dela [illegible] defex [illegible]
Lrcard L'espace determine desigice' daus la plan [illegible]tettreB
[illegible]5th depace [illegible]150 depropondecer cequishidonce nue
[illegible] de 215 [illegible]ladette propovdea de 150[illegible]
nais wnime il reste ine espate vaeant entrestes siynes de
propovdecis C.D ettelteuve Millillipila quelle sait partie
du Dousaine de S. M. iLespere devotre Justice qu Lvous
plaisd lui conceder iedit espace vacant [illegible]eteveece
desiguea eutietes letters C.D - de215 Pw etcelles E I tant
[illegible] dudit espace que povrepptoiter exclusevement
eta soilbesosie [illegible] etendence de carrese comprise entreses
ligues acharge [illegible] deliver le Chemise depied qui
goetetia eutreteuic ilebord infleuence, graced quick
espere mereted gevotre justice. i Louis 17.oct 1799

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**Page 9** (1181_009.jpg)
> *Legal Function: Abstract of Notice*

In this de Illinois 18 de Octobre de 1799 El Agrimensor D Antonio Soulard pondra el interesado en
pocession del texxino que solicita conformandose lo mas posible
a las lineas delas calles tales como son lo que evacuado formareplano
entregando[?] a la parte este y certificacion para que le Sirva[?] a oblener[?]
la concession y titulo en forma del Snr. Intendante gral de estas
provincias a quien por order de su majestad correspondante
privatimente el repartir y[?] conceder toda clase de derras[?]
realengas Carlos Dehautt Delassus
> *Legal Function: Notarization*

Territory of Missouri
County of St Louis Personally appeared before me
Clerk Judge of the circuit court of
the County of St Louis - Peter
Provencher who being duly sworn [illegible] and declareth
that the above is a true and correct copy taken by him
from the record of Fred Bates Esqu. recorder of Land
titles for the Territory of Missouri Book D paged two
hundred thirty eight and following, and that the above
is the only document relating to the concession aforesaid,
found by him in the record of said office
Sworn and subscribed to before
me Judge aforesaid this twenty
fifth day of August 1819

*N. B . Tucker P.Provencher*

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**Page 10** (1181_010.jpg)
> *Legal Function: Plea*

St Louis Circuit Count
Jospeh Brazean &
Augustus Brazean
ads.
William Clark
And the said defendants by Pithbone
their Attorney came & defend the former
of injury when [illegible] and say that they
are not guilty of the trespass & gitment above
laid to their [illegible], in manner & form as the
said Plaintiff hath declared against them
and of this they put themselves upon the
country [illegible]
[illegible] [illegible]
Pettibone for defendents
And the said Pltff.

*Hempstead[?] for pltff.*

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**Page 11** (1181_011.jpg)
> *Legal Function: Certificate of Filing*

St Louis Circuit
Joseph Brazean of
Augustus Brazean
ads William Clark
Plea. of issue

*Filed April 8th 1819 A Gamble Clerk*

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**Page 12** (1181_012.jpg)
> *Legal Function: Summons*

Territory of Missouri , County of Louis sct.
The United State of America , to the sheriff of
St. Louis County, Greeting. You are hereby commanded
to summon
Mackey Wherey that setting aside all
manner of excuse and delay he be and and appear
in proper person before the Judge of our Circuit
Court forthwith at the Town of St. Louis , shed that
he being with him the original petitioner of
Louis Brazean to the Board of Trustees of the
Town of St. Louis for leaves to erect a Butchery
in the said Town, and also the minutes of said
Board on said Petitions, to be read on the
trial of a case now pending in our said
wherein W.N. Black is [illegible] of Louis Brazean [illegible]
Circuit Court on the part of the plaintiff
and have you then there this writ
Witness Archibald Gamble , clerk, of
said court at the Town of St. Louis
[illegible] 16th day of December in the
year of our Lord, One Thousand
eight hundred and seventeen and of the
independence of the United States the
forty fourth --

*Archibald Gamble Clerk
by [illegible] [illegible] Death*

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**Page 13** (1181_013.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ
on the 17th Dec 1819 by reading in to the
written named Mackey
Where in the town
of
St. Louis
Jos. L Brown Shff
|   |   |
|---|---|
| Service | .33 |
| Travel | .3 |
| | .36 |
> *Legal Function: Caption*

William Clark
vs [illegible] D. Shff
Auguste & Louis Brazeau for Mackey Wherry

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**Page 14** (1181_014.jpg)
> *Legal Function: Affidavit*

Joan to whom these presents shall come greeting,
C No 1 know he that I John G . Comegyed, late of the town of St Louis
and territory of Missouri now of the City of Baltimore and
State of Maryland for and in [illegible] of the
sum of one thousand Dollarslawful money of the
United States to [illegible]hand back and fully paid by
William Clark of the said Town of St Louis and territory
of Missouri the receipt of which I do hereby acknowledge
and thereof and of every part thereof I do hereby acquit
exonerate and [illegible] him the said William Clark
his heirs and [illegible] forever, have given granted hargamed Gold confirmed and transferred and do hereby
give grant hargam Clerk Confirm and transfer [illegible]
the said William Clark his hurs and agugrid forever
the lots or prices of Land with the [illegible] theseone
bying and beingin the said Town of St Louis , the first
Contaning forty seven feet [illegible]french measure by one
thousand and fifty feet put like measure in the rear, [illegible]
and delivered as [illegible], [illegible] [illegible] on Main
Street Northwardly on Louis J[illegible], Eastwordly[?] in
the Lot herein after Conveyed [illegible] the said William Clark
and Lonthaby in the Lot of Antoine Vincent Bouis, the
second lot entertaining feet French measure point, Westworldly[?] by feet in the rear
[illegible] bounded and described as follows to Wit
Eastwardly by the river Mississippi, Southwardly by the
Continued on of the Lot herin before conveyed by the
lot of Antoine Vincent Bouis in the augmented [illegible]
the old concession, Westwardly on the rear of the lot
herein before [illegible] and in the [illegible] the lot of
Louis Braxeaux on Northwardly on the cross sheet leading
to the Mississippi and which [illegible] seperates the
Lots of said Louis Braseaury and Auguste Chouteau
to have and to hold the said granted and bargaind
premises and [illegible] onto him the
said William Clark his huis and [illegible], forever
free and Clear of all mammer of debts, claims mortgaged
[illegible] contracts whatever and from all persons
legally claiming the Same. In testimony whoseof I have

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**Page 15** (1181_015.jpg)
hereunto set my hand and seal this seventh day of
October in the year one Thousand eight hundred and
Fourteen. Done at the City of Baltimore Maryland .
Signed sealed and delivered
in the [illegible] of
Edward Johnson
M. [illegible]

*John G. Camegys*
> *Legal Function: Notarization*

State of Maryland , City of Baltimore
On the seventh day of October
1814 before one the subscriber Mayor of the City of Baltimore
personally appeared John G . Comeguys[?] and acknowledged
the within Instrument of cursing to his act
and died for the purposes therein mentioned In Testimony
whereof I have hereunto to sit my hand and caused
the corporate seal of the city of Baltimore to be hereunto
affirmed.

*Edw. D Johnson
Mayor of the City of Baltimore Recorded this 15th day of August 1815.
M.P.Lectue Clk. St. Ls. Cty, Cty, Ct & ex eff : Rec.*
> *Legal Function: Notarization*

Missouri Territory
County of St Louis Js.[?]
I do hereby certify that the above is a true and correct
copy of the Records in my office Book, [illegible].
In testimony whereof I have here
=unto set my hand and seal of
office at my office this ninth day
of February one Thousand eight hundred and eighteen

*M. P. Ledue Clk by
Andrew S. M. Grit [illegible]*

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**Page 16** (1181_016.jpg)
> *Legal Function: Summons*

Territory of Missouri
County of St Louis The United States of America to the Sherriff[?]
of St Louis County Greeting.
We command you to summon Auguste Brazeau
and Louis Brazeau Junior that they[illegible]
and appear before the Judge of our Circuit court
at the next Term thereof to be held at the Town of St Louis within and for the County of St Louis on the first
Monday in April next then and there to answer unto
William Clark of a plea of Trespass Ejectment [illegible]
to the damages of the said Plaintiff two thousand
[illegible] And have you then there this Writ
Witness Archibald Gamble Clerk
of our said Court as Office this twelfth day
of March in the year of our Lord
one thousand eight hundred and nineteen.

*A Gamble Clerk*

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**Page 17** (1181_017.jpg)
> *Legal Function: Certificate of Service*

Louis of [illegible]
[illegible] and [illegible]
of [illegible] in [illegible]
of to said by [illegible]
[illegible]

*[illegible]*
> *Legal Function: Certificate of Filing*

No 157 April Term 1819
William Clark
vs Auguste
Brazeau
Louis [illegible]
Louis Brajamen [illegible]
This is an action of
for a lot in St .
Louis - [illegible] a suit of
acknowledgment [illegible]
Damages \$2000
Hempstead[?]
[illegible] by [illegible]
excuise

*filed March 11th 1819 A Gamble Clerk*

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**Page 18** (1181_018.jpg)
> *Legal Function: Complaint*

Territory of Missouri County of Saint Louis [illegible] In the Circuit Court April Term 1819
William Clark complains
by Hempstead[?] his Attorney of Auguste Brazeau
& Louis in a plea of trespass
[illegible] for that the said William heretofore torret on the =first day of September in
the year One thousand eight hundred & fifteen
legally entitled to and [illegible] of a certain
lot or piece of ground setuale in the Town of
St. Louis county aforesaid - containing one asper
square: Clark one other lot on piece of ground
situate. lying and being in said Town of St. Louis
bounded by the Mississippi on the East. by a
Crop Street on the south which seperates the
same from the lot non occupied by René[?]
Paul - on the West by the lot non occupiedby the said Defendants- & on the south by the
[illegible] non occupied by James Kennerly[?] & Madame
Vincent Bois - also of one other certain
lot a piece apground situate By in & being
in said Town of St. Louis containing the quantity
of One hundred &[?] fifty first square frenchmeasure

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**Page 19** (1181_019.jpg)
together with all & singular the
appentenices [illegible] thereunto belonging
and being so thereof legally entitled to &
posessed[?] of said premises- they the said
Defendants afterwords [illegible] on the first day
of September in the year last afterward-- meet
force and arms at the Town & County of Saint
Louis aforesaid entered into the said premises
and [illegible] with the apperencencouses thereunto
belonging, and overled commed ejected him
the said plantiff out of him aforesaid [illegible]
and other wings to the said plaintiff then &
there did- to the great damage of the said
plaintiff - and against the peace of the
United States of America - Wherefore the
said plaintiff saith that he is injured &
hath sustained damage to the value of one
thousand dollars and therefore he brings his
suit - [illegible]

*Hempstead[?] for pltf*

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**Page 20** (1181_020.jpg)
> *Legal Function: Certificate of Filing*

No3
William Clark
vs
Auguste & Louis Brazeau

*Bill of exceptions filed January 20th
1820 A Gamble Clk*

Item sets: All Circuit Court Records; Circuit Court Cases; Lewis & Clark / Corps of Discovery Case Files, 1805 - 1837