David Stone Co. et. al. v. Executors of Manuel Lisa et. al.
Item
David Stone Co. Et. Al. V. Executors of Manuel Lisa Et. Al. 1824, St. Louis Circuit Court Historical Records Project, accessed October 6, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60620
- Case Title
- David Stone Co. et. al. v. Executors of Manuel Lisa et. al.
- Series
- Native Americans
- Fur Trade
- Plaintiff
- David Stone Co.
- Stone, David
- Bellow, Josiah
- Bostwick, Oliver N.
- Defendant
- Lisa, Mary (Executor)
- Hempstead, Charles (Executor)
- Missouri Fur Company
- Hempstead, Thomas
- Pilcher, Joshua
- Perkins, Joseph
- Zenoni, John B.
- Woods, Andrew
- Carson, Moses B.
- Date Filed
- 1824-09-13
- Filing Date
- 1824-09-13
- Plaintiff’s Attorney
- Geyer, Henry S.
- Wash, Robert
- Pettis, Spencer
- Defendant’s Attorney
- Bates, Edward G.
- Farris, Robert P.
- Spalding, Josiah
- Court Name
- St. Louis Circuit Court
- Clerk
- Gamble, Archibald
- Sworn Declarant
- Riddick, Thomas F.
- Bompart, Louis
- Kerr, John
- Wahrendorff, Charles
- Gray, Philip
- Hempstead, William
- Hempstead, Thomas
- Cause of Action
- Petition to Forclose Mortgage
- Case Notes
- Estate of Manuel Lisa; $29,000 debt; Missouri Fur Company was established for the sole purpose of trading with Indians; inventory of buffalo
- Case Number
- 35
- Identifier
- ccr1820.01030.036
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**David Stone & Co. v. Estate of Manuel Lisa, Missouri Fur Company, et. al.**
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**Page 1** (1030_001.jpg)
> *Legal Function: Evidentiary Correspondence*
New York Feb 2d 1820
Thomas Hempstead Esq.
Sir
I had the pleasure to receive
Yesterday morning the Hon‘bl. Mr. Scotts letter informing me
of yr arrival at Washington and I hasten to acknowledge
the act of your returned favor of the 19th Nov 1819
addressed to Mr David Stone the Superior partner
of our concern residing at Walpole New Hampshire.
I regret very much that your letter of the
21st of Aug't had ^ not ^ a proper direction (a copy
of which you was so good as to hand us with yours
of the 19 nov.) as I am almost certain we should
in this have concluded an arrangement with your
company for goods. I propose leaving this place for
Washington on Friday or Saturday next and
hope early in the following week I have the
pleasure of meeting you when I hope we may conclude
such arrangements as will ultimate in advantage
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**Page 2** (1030_002.jpg)
in advantages to all concerned
I am Sir very Respectfully
Yr. mo. obt. Ss [your most obedient servants]
O. N. Bostwick
Junior and Act‘g Partner
for David Stone & Co.
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**Page 3** (1030_003.jpg)
> *Legal Function: envelope*
Thomas Hempstead Esq.
Care of the Hon. Jno. Scott
Delegate from Missouri Terr.
Washington City.
O N Bostwick
Feb’y 2. 1829
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**Page 4** (1030_004.jpg)
[blank]
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**Page 5** (1030_005.jpg)
> *Legal Function: Evidentiary Business Records and Statement of Furs*
Messrs. David Stone & Co.
To The Missouri Fur Co. Dr.
for
| | | | |
|---|---|---|---|
| 7,010 | Buffalo Robes | @ 2.50 | $17,525.00 |
| 403 | Otter Skins | 2.50 | 1007.50 |
| 4,089 ½ #s | Beaver " | 2.50 | 10,223.75 |
| 389 ¼ " | do " [Beaver skins] | 3.00 | 1167.75 |
| 4,063 " | Deer " | .30 | 1,218.90 |
| 1,800 | Raccoon " | .37½ | 675.00 |
| 4 | Bear " | 1.00 | 4.00 |
| 5 | Fisher " | .75 | 3.75 |
| 250 | Muskrat " | .20 | 50.00 |
| | | | $31,875.65/100 |
To the credit of the Missouri
Fur Compy. 1 June 1821
D. Stone & Co.
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**Page 6** (1030_006.jpg)
> *Legal Function: caption*
No. 4
Statement of Furs, Peltries
and Robes delivered D. Stone &Co.
1821
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**Page 7** (1030_007.jpg)
> *Legal Function: Petition to Foreclose Mortgage*
In the St. Louis Circuit Court
October Term 1824
To the Honorable the Circuit Court of the County of S.Louis
The petition of David Stone, Josiah Bellows, and Oliver N Bostwick
humbly represents,
That Manuel Lisa late of St. Louis County, deceased,
Thomas Hempstead , Joshua Pilcher, Joseph Perkins, John. B. Zenoni,
Andrew Woods, and Moses. B. Carson, heretofore, served, on the first
day of January in the year of our Lord eighteen hundred and twenty
and in the life time of the said Lisa were partners in trade doing business
under the firm of the Missouri Fur Company, to wit at the
County aforesaid and your petitioners were then and there were partners
in trade doing business under the name firm & style of David
Stone & Co. and the said Missouri Fur Company in the life time
of the said Lisa became and were indebted to your petitioners in a
large sum of money, so wit, the sum of twenty six thousand
nine hundred and ten dollars ninety eight cents for drivers goods
[illegible] [illegible] by the said petitioners, to the said Missouri
Fur Company at their special instance and request, to secure the
payment whereof the said Lisa in his life time, did agree and promise
to mortgage to your petitioners, the real estate in the seed here in after
set forth particularly described and specified and the said Manuel
Lisa not having executed the said mortgage, afterwards daily made
and published his last will, and treatment in writing hearing date
on or about the Eleventh day of August is the year of our Lord
one thousand Eight hundred and twenty and three (among other
things) declared that in no much on he has consented to excute a
mortgage on his property in S.Louis to secure a debt due Messrs
Stone, Bostwick & Co. (meaning your petitioners & for goods purchased
for the Missouri Fur Company , he the said Manuel Lisa in
and by the said will and treatment, did authorize and empower his
Executors (if necessary) to execute such mortgage according to the terms
and for the period agreed on between M. Bostwick (one of your
petitioners / and the said Lisa and the said Manuel Lisa on and
by the same last will and treatment and for the execution there of did
nominate his wife Mary Lisa Executrix and Charles S. Hempstead
his brother - in law executor thereof and the said Manuel
Lisa in and by the said will and testament did revoke and annul
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**Page 8** (1030_008.jpg)
all former wills and codicils And your petitioners further state
that the said Manuel Lisa departed this life on or about the
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 Mary Lisa and Charles
S. Hempstead proved the said will in the county court of
the County of St.Louis and took upon themselves the further and
execution thereof and afterwards [illegible], on the ninth day of October
in the year of our Lord Eighteen hundred and twenty at the county
of St.Louis aforesaid, in virtue thereof and of the power and authority
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 [illegible]:
This Indenture made and concluded this ninth day
of October in the year of our Lord One thousand Eight
hundred and twenty between Mary Lisa widow and Executrix of
Manuel Lisa late of St. Louis , deceased, and Charles S. Hempstead of
St. Louis aforesaid Executor of said Lisa , of the one part and
David Stone, Josiah Bellows and Oliver N . Bostwick of
Boston Massachusetts of the other part. Witnesseth
that whereas in the life time of said Manuel Lisa the
" Missouri Fur Company " consisting of said Lisa Thomas Hemp
stead Joshua Pilcher , Joseph Perkins , John. B. Zenoni, Andrew
Woods, and Mases B Carson did contract for and purchase of
said David Stone & Co. a large quantity of goods for the Indian
trade amounting to the sum of twenty six thousand nine hun
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 Lisa did in his aforesaid life time agree to mortgage his
property in the town of St. Louis for the securing the pay
ment of the aforesaid purhcase by said. " Missouri Fur Company "
but departed this life without so doing having in his last will
and testament dated August twelvth of the present year, author
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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**Page 9** (1030_009.jpg)
> *Legal Function: Petition to Foreclose Mortgage part 2*
said Mary Lisa Executrix & said Charles Hempstead Executor
as aforesaid by virtue of the Power and authority in us vested by the
aforesaid last will and testament of said Manuel Lisa [illegible] and for
and in consideration of the said Debt of twenty six thousand
Nine hundred & ten dollars 98/100, owing by said " Missouri Fur Com
pany" to said David Stone & Co. as aforesaid to be paid in twelve
months from the fifteenth of August last past by said Missouri
Fur Company and for the better securing the payment thereof at
the time above stated by said Missouri Fur Company to said,
David Stone & Company their heirs Executors, administrators
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 David Stone & Co. at and before the en-
sealing of these presents the receipt whereof is hereby acknowledged,
have granted, bargained and sold released and confirmed & by
these presents do hereby grant, bargain sell release & confirm unto
them said David Stone, Josiah Bellows & Oliver N . Bostwick
and their heirs and assigns, the following real estate belonging to
said Lisa in his life time, situate lying and being in the town of
Saint Louis aforesaid that is to say, all that certain lot or piece of
ground situate, lying and being in the Town of Saint Louis , with
the dwelling house and other buildings thereon, on which the
said Manuel Lisa lately resided containing Eighty feet french
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 Charles Billon's lot, East by the Mississippi River
& south by the lot of Henry Von Phul it being the lot of ground
which was purchased by said Manuel Lisa from John B Trudeau & wife by deed
dated August 31st 1810 as will more fully and at large appear
by reference there to recorded in Book & page 140 & following in
the Clerks office for Saint Louis County. To Have and to Hold
the above granted and described premises, with the appurtenane
there unto belonging unto them said David Stone Josiah Bellows
& Oliver N . Bastwick & their heirs and assigns forever
Provided always and it is the true intent and meaning
of these presents and of the said parties hereunto that if said
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**Page 10** (1030_010.jpg)
" Missouri Fur Company " their heirs Executors assigns or surviving
do, and shall well and truly pay to the said David Stone & Co.
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
fifteenth day of August last part according to the true meaning
and intent of these presents, then and from thence forth these presents
and every matter and thing therein contained, shall cease and be utter
null and void any thing herein contained to the contrary thereof in
any wise notwithstanding.
And the said Mary Lisa as Executrix and said Charles S
Hempstead as Executor as aforesaid do hereby promise grant and
agree to and with the said David Stone, Josiah Bellows & Oliver
N . Bostwick their heirs Executors and assigns in the manner and
form following, that is to say, that if the aforesaid partners of said
Missouri or their heirs Executors administrators assigns or survivors or
some of them shall not well and truly pay or cause to be paid unto
the said David Stone Josiah Bellows & Oliver N . Bostwick
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 fifteenth day of August last past that then they the
said Mary Lisa as Executrix as aforesaid and said Charles S .
Hempstead as Executors as aforesaid, will do it for them the said
Missouri Fur Company in the manner as above stated or permit
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 Manuel Lisa
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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**Page 11** (1030_011.jpg)
> *Legal Function: Petition to Foreclose Mortgage part 3*
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 Mary Lisa
as Widow & Executive and Said Charles S. Hempstead Executor
as aforesaid, have hereunto interchangeably set our hands &
affixed our seals at S. Louis the day & year first herein before
written.
Five words interlined & approved
of before signing
Signed duplicates
Signed sealed and delivered
in the presence of
William Hempstead
& [illegible]
Mary Lisa
[illegible] Hempstead
Which deed is now here to the Court shown.
And you petitioners over that the said Mary Lisa Executrix
as aforesaid and said Charles S. Hempstead Executor as aforesaid
Thomas Hempstead , Joshua Pilcher , Joseph Perkins , John B .
Zenoni, Andrew Woods, and Moser B. Carson nor any nor
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 Thomas Hempstead
Joshua Pilcher , Joseph Perkins John B . Zenoni Andrew
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 Mary Lisa Executive as aforesaid and the said
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**Page 12** (1030_012.jpg)
Charles S Hempstead , Executor as aforesaid may be
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.
*Geyer atty
for Petitioners*
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**Page 13** (1030_013.jpg)
> *Legal Function: certification of service*
served on 13th Sepr
on Charles F Hampstead
by his acknow-
ledging [illegible]
for himself and
also for Mary
Lisa on same
day in the
city of St. Louis
*Jno K Walker shff
[illegible]*
> *Legal Function: caption*
No. 35
St. Louis circuit court
October Term 1824
David Stone
Josiah Bellow &
Oliver N Bostwick
vs
Mary Lisa Executions
& Charles S. Hempstead
Execution of M Lisa
Petition to forclose
mortgage
Let a Summons issue
*[illegible]
for Petitioners*
> *Legal Function: Summons for Mary Lisa and Charles Hempstead*
County of St. Louis
The state of Missouri To the Sheriff of St. Louis county Greeting
Command you to common Mary Lisa Executrix and Charles I Hemp-
stead Executor of the last will and Testaments of Manuel Lisa [illegible]
that they be and appear before the Judge of our circuit court at
the next term thereof to be half at the city of St. Louis within and for the
county of St. Louis on the first monday october next there and then
to answer unto the Petition of David Stone. Josiah Bellows and Oliver
N Bosturek, and shew cause if any they have or know of any
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.
*Witness Archibald Gamble clerk of our
said court of office this thirteenth
day of September & 1824 Archibald Gamble clerk*
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**Page 14** (1030_014.jpg)
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**Page 15** (1030_015.jpg)
> *Legal Function: Defendant's Plea*
Oct. Term
1824.
Mary Lisa Executrix &
Charles S. Hempstead Exc
of Manuel Lisa , dec'd
ads.
David Stone
Josiah Bellows &
Oliver N . Bostwick
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 fifteen day of August
in the year one thousand eight hundred
and seventy one, towith, at the county of
St. Louis in the state of Missouri Thomas
Hempstead , Joshua Pilcher , Joseph Perkins
John B . Lenoni, Andrew Woods and Moses
B. Carson, the said partners of the said
" Missouri Fur Company ," did well and
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.
*Bates Farris &Spaulding[?]
Cozens for defts.*
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**Page 16** (1030_016.jpg)
> *Legal Function: Defendant's Plea part 2*
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 Missiouri Fur Company was established
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
Missiouri Fur Company of goods, wares & menchan
dise, & moneys, for the purpose of enabling said
Missiouri Fur Company to prosecute and carry
an the said trade that at the time when the said debt
was contracted to unit on the first day of August
in the year of our Lord one thousand eight hun
dred and twenty at the county aforesaid it was
agreed by and between the said petitioners and the
said Missiouri Fur Company , that the said debt
should he satisfied & discharged out of the first re
turns of pettries[?] & furs of the said Missouri Fur
Company if said returners should be sufficient
and that of the afterwards and before the Com
mencement of this suit to unit on the first day
of July in the year one thousand eight
hundred and twenty one the said Missouri Fur Com
pany brought to St. Louis funs and pettries being
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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**Page 17** (1030_017.jpg)
> *Legal Function: Defendant's Plea part 3*
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 Missouri Fun
Company: and this they are ready to verify
wherefore they pray judgment &c.
*Bates Farnes Spalding
Coezens - Attys*
> *Legal Function: Defendant's Plea part 4*
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 & empowered to make and execute the
said supposed Deed of mortgage in manner and form
and for the sum, as in said petition setforth and of
this said dependants put themselves upon the coun
try &c.
*Bates Farris Spalding
Cozens Attys*
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**Page 18** (1030_018.jpg)
> *Legal Function: caption*
Executors of Lisa
[illegible]
David Stone [illegible]
pleas
*Filed Oct. 16. 1824
A Gamble
Clk filed April 18th 1825 A Gamble Clk*
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**Page 19** (1030_019.jpg)
> *Legal Function: Subpoena of Thomas Hempstead*
County of St. Louis , sct.
The State of Missouri , To The Sheriff Of St Louis County—Greeting:
You are hereby commanded to Summon
Thomas Hempstead
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge
of our Circuit Court , on the 13th day of April at the city of St. Louis ,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein The Executory of Mc Lesa plaintiff,
and David Stone & Co. defendant,
on the part of the Defeadant and have you then there this writ.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the city of St. Louis , this first day of April
in the year of our Lord one thousand eight hundred and twenty five A Gamble Clerk, C. C.*
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**Page 20** (1030_020.jpg)
> *Legal Function: certificate of execution*
Thos Hempstead not found in my County
*J. K. Walker Shff non Est $ 0.12*
> *Legal Function: caption*
March 1825
D. Stone & Co
vs
Lisa's Exty
for
Thos Hempstead
*13th April for
Defendant*
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**Page 21** (1030_021.jpg)
> *Legal Function: Subpoena of Thomas F. Riddick, Louis BompartandJohn Kerr*
County of St. Louis , sct.
The State of Missouri , To The Sheriff Of St. Louis County-Greeting:
You are hereby commanded to Summon
Thos F Reddick
Louis Bonipart
John [illegible]
that setting aside all manner of excuse and delay, they beand appear in proper person before the Judge
of our Circuit Court , on the Forthwith day of at the city of St. Louis ,
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.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the city of St. Louis , this 23rd day of April
in the year of our Lord, one thousand eight hundred and twenty five A Gamble Clerk, C. C.*
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**Page 22** (1030_022.jpg)
> *Legal Function: certification of execution*
Executed in
that the within
normed witness
on the 23rd April
1825 in the city
of St Louis
*Jno K. Walker
shff [illegible] \$1.50*
> *Legal Function: caption*
March 1825
Stone Bostwick & Co.
vs
Lisa Exts
*for
Thos F Riddick
Louis Bomport
John [illegible]
forthwith for
pllf*
---
**Page 23** (1030_023.jpg)
> *Legal Function: Replication*
Circuit Court
March Term 1825
David Stone
Josiah Bellows &
Oliver Bostwick
vs
Mary Lisa Execution
& Charles S Hempstead Ex
of Manuel Lisa dec
And the said plaintiff for replication
to the plea of the said defendants first above
pleaded say that they the said Plantiffs ought
not to be banned or precluded from foreclosing the
said mortgage and having the property therein
mentioned sold for the payment of the said debt
due the said Petitioners because they say that the
said Thomas Hempstead Josiah Pilcher Joseph Perkins John B Lenoni [illegible] Andrew Woods &
Moses B Carson [illegible]
said defendants did not on or before the day when the
said debt with said petitions mentioned because due
and payable by on the fifteenth day of august
in the year one thousand eight hundred and twenty one
at the county of St Louis state of Missouri well & truly
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
*Geyer Wash & Pettis
Attys for Petitioners*
> *Legal Function: Replication part 2*
[illegible]And for replications to the plea or answer of the said
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 property
therein mentioned sold for the payment of
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**Page 24** (1030_024.jpg)
the said debt therein mentioned because they say that it was not at the time when the said debt was contracted to with on the first day of august in 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 Missouri Fur Companythat the said mortgages debt should be satisfied and discharged out of the first returns of pettries and furs of the said Missouri Fur company of said returns should be sufficient nor did the said Missouri Fur Company afterwards to with on the first day of July on the year one thousand eight hundred and twenty one at St. Louis deliver into the hands of said Petitions, furs & pettries of the value of fifty thousand dollars in discharge & satisfaction of said mortgage debt in the petition mentioned and this they pray may be enquired of by the country & Co.[?]
*Geyer Wash
& Pettis Attys*
> *Legal Function: Replication part 3*
And as to the third plea of the said defenders
above pleaded the said defendents having but
themselves upon the country the said Plaintiffs
do the like
*Geyer Wash
& Pettis Attys*
> *Legal Function: Replication part 4*
And for replication to the plea of the said
defendants fourthly above pleaded the said
petitioners say they ought not to be barred
or precluded from foreclosing the mortgaged
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**Page 25** (1030_025.jpg)
> *Legal Function: Replication part 5*
aforesaid and having she property therein mentioned
sold for the payment of the debt therein mentioned
because why say that the said Defendants was
fully authorised and empowered to make and
execute the said deed of mortgage in manner
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.
*Geyer Wash &
Pettis*
---
**Page 26** (1030_026.jpg)
> *Legal Function: caption*
David Stone & Co.
vs
Lisa Exc.
*filed
April 22nd 1825 A Gamble clerk*
> *Legal Function: Replication part 6*
1076-43
358-81
717-62
> *Legal Function: Replication part 7*
17940-66
6
107643-96
4
4305-72
717-62
5023-34
---
**Page 27** (1030_027.jpg)
> *Legal Function: Replication part 7*
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 precluded
from having the mortgage aforesaid
for closed and the premises therein
mentioned sold to satisfy the said
debt because they rag that the
said Missouri such company did
not deliver to the petitioners the said
furs and pettries[?], in pursuance
of the said agreement in the said
plea mentioned in sales [illegible]
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 pray
may be inquired of by the county
*Geyer Wash
& Pettis
for petitioner*
---
**Page 28** (1030_028.jpg)
> *Legal Function: caption*
Stone Bostwick [illegible]
vs
M. Lisa's Exts
Amended replications
*filed April 22nd
1825 A Gamble Clk*
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**Page 29** (1030_029.jpg)
> *Legal Function: Subpoena of Charles Wahrendorff, Philip Gray and William Hempstead*
County of St. Louis , sct.
The State of Missouri , To The Sheriff Of St.Louis County-Greeting:
You are hereby commanded to Summon
Charles Wahrendorff
Phillip Gray
Wm. Hempstead
that setting aside all manner of excuse and delay, he beand appear in proper person before the Judge
of our Circuit Court , on the forthwith day of at the city of St. Louis ,
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.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the city of St. Louis , this 22nd day of April
in the year of our Lord, one thousand eight hundred and twenty A Gamble Clerk, C. C.*
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**Page 30** (1030_030.jpg)
> *Legal Function: certification of execution*
Executed on
C. Wahrendorff
P. Gray & Wm. Hempstead
[illegible]
[illegible]
on the 22nd for
April 1825
*John K. Walker
shff [illegible] $ 1.50*
> *Legal Function: caption*
March 1825
Stone Bostwick
& Co.
vs.
M. Lisa's Excty.
*for
Ch Wahrendorff
Phillip Gray
forthwith
for Pllf
J. M. Hempstread*
---
**Page 31** (1030_031.jpg)
> *Legal Function: Subpoena of Thomas Hempstead*
County of St. Louis , sct.
The State Of Missouri , To The Sheriff Of Saint Louis County—Greeting:
You are hereby commanded to Summon Thomas Hempstead
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge
of our Circuit Court , on the 30th day of July at the city of St. Louis ,
then and there to testify and the truth to say in a certain matter of controversy now pending in our said
court, wherein David Stone & Co our plaintiffs,
and The Execution of M. Lisa our defendant,
on the part of the Defendant and have you then there this writ.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
city of St. Louis , this 14th day of June
in the year of our Lord, one thousand eight hundred and twenty five Archd. Gamble Clerk, C. C.*
---
**Page 32** (1030_032.jpg)
> *Legal Function: caption*
July Term 1825
D Stone & Co.
vs
Lisa's Extro
*for Tho. Hempstead for Defdt[?] 30th July*
> *Legal Function: certificate of execution*
Thos Hempstead not found in any County
non est 12
*J. R. Walker [illegible]*
---
**Page 33** (1030_033.jpg)
> *Legal Function: Subpoena of Charles Wahrendorff, Philip Gray and Others*
County of St. Louis , sct.
The State Of Missouri , To The Sheriff Of Saint Louis County-Greeting:
You are hereby commanded to Summon Charles Wahrendorff - Philip Gray-
William Hempstead- Thomas F Riddick- Louis Bompart and
John Kerr .
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge
of our Circuit Court on the 30th day of July at the city of St. Louis ,
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 our plaintiffs,
and Manuel Lisa's Executors are defendants,
on the part of the plaintiffs and have you then there this writ.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
city of St. Louis , this 14th day of June
in the year of our Lord, one thousand eight hundred and twenty five Archd. Gamble Clerk, C. C.*
---
**Page 34** (1030_034.jpg)
> *Legal Function: certification of execution*
Executed on Thom[?]
F. Riddick [illegible] & Char Wahrendorf[?]
[illegible] on
14th July 1825, [illegible]
P. Gray on 12th [illegible]
[illegible] L. Bompart
on 16th July on Wm. Hempstead
on
19th [illegible] J Kerr
on 20th July 1825 all
in the city of
St Louis
*Jna K Walker [illegible]
sheriff fees \$3.00*
> *Legal Function: caption*
July term 1825
Stone Bostwick & Co.
vs.
M. Lisa's Excy
*for C. Wahrendorff
Philip Gray
Wm. Hempstead
J F. Riddick
Louis Bompart
John Kerr
for Plaintiffs 30th July*
---
**Page 35** (1030_035.jpg)
> *Legal Function: Answer*
answer to the first [illegible]
As Manuel Lisa
in his will refered to an agreement that
had been previously entered into between
him & Mr Bostwich- it was necessary to
[illegible] what the agreement was & without
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 was was [illegible]
differing from that set out in the
deed —
2 my If the Execution in the mortgage
deed exceeded the power given to
them the mortgage is void 464 [illegible]& the
[illegible]at law & the Plaintiff 4676 cannot
recover in this action —
---
**Page 36** (1030_036.jpg)
[illegible]the time of the delivery of the Furs but
not afterwards
David Stone Co. Et. Al. V. Executors of Manuel Lisa Et. Al. 1824, St. Louis Circuit Court Historical Records Project, accessed October 6, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60620