Benjamin O'Fallon and William Clark v. William Chambers and James Sawyer

Item

Benjamin O’Fallon and William Clark V. William Chambers and James Sawyer. 1819, St. Louis Circuit Court Historical Records Project, accessed October 4, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60621

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Case Title: Benjamin O'Fallon and William Clark v. William Chambers and James Sawyer
Series: Lewis and Clark
Plaintiff: O'Fallon, Benjamin; Clark, William
Defendant: Chambers, William; Sawyer, James
Date Filed: 1820
Filing Date: 1820
Plaintiff’s Attorney: Hempstead
Court Name: St. Louis Circuit Court
Court Term: 1820-12
Clerk: Gamble, Archibald
Justice of the Peace: Walsh
Cause of Action: Breach of Covenant
Case Notes: Damages $3,000.
Case Number: 56
Identifier: ccr1820.01042.007
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Benjamin O'Fallon and William Clark vs. William Chambers and James Sawyer**

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**Page 1** (1042_001.jpg)
> *Legal Function: Complaint*

In the Circuit Court , December Term 1820-
County of Saint Louis p = Benjamin O Fallon &
William Clark complain by Hempstead then
Attorney of William Chambers, and James Sawyer
of a plea of a breach of Covenant for that
whereas the said William Chambers and James
Sawyer heretofore [illegible] on the Twenty ninth
day of May in the year one thousand eight
hundred and sixteen, [illegible], at Saint Louis in the
County aforesaid by their certain deed
[illegible] [illegible] then seals (and which is now
here to the Court shewn) the date where of
is the day and year above said they say Defendants
did thereby covenant, and promise and bind themselves
to take up, (thirty meaning to pay and exchange)

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**Page 2** (1042_002.jpg)
on the first day of February in the year Eighteen
hundred & twenty - and obligation given
by said Benjamin O Fallon William Clark
to Sullivan [illegible] intending as Executor and
administrator of Samuel [illegible] for the sum
of twenty five hundred and ten Dollars—
And the said Benjamin O Fallon
and William Clark [illegible] that after the
making of the aforesaid deed [illegible] on the
said first day of February in the year last above
said, the said William Chambers and James
Sawyer nor [illegible] of them did take up ([illegible]
on the day year last aforesaid) the aforesaid
obligation given by said Benjamin O Fallon
and William clark to [illegible] Sullivan as Executor

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**Page 3** (1042_003.jpg)
> *Legal Function: Complaint, part 2*

and administrator of samuel [illegible] for the said
said of sum of twenty five hundred & Ten Dollars
according to the [illegible] [illegible], true meaning and
intent of the said deed and of the said
covenant of the said Dependants by them in that
behalf so made a aforesaid [illegible] at the county
of saint Louis aforesaid —
And to the said plaintiffs in fact
say that the said Defendants (although often required
so to do) have not kept their said Covenant [illegible]
by them made as aforesaid but have broken
same, the keep the same with the said plaintiffs
have [illegible] wholly neglected refused, and still
neglect and refused to the damaged ofsaid plaintiffs
three thousand Dollars and therefore they bring suit

*[illegible] [illegible]
Hempstead [illegible]*

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**Page 4** (1042_004.jpg)
> *Legal Function: Writ of Attachment*

countys of St Louis [illegible] The state of Missouri to the sheriff of said county Greetings
We command you to attach William Chambers
and James Sawyer by all and singular their Lands and
Tenements goods chattles[?] monies Credits and effects on so much
thereof as shall be sufficient to secene the sum of Twenty
five hundred Dollars with interest and cost of suit in
whose hands or possession soever the same may be found in
your to ounly that they the said William Chambers
and James Sawyer he and appear at the next term
of cur circuit count before our judge thereof on the
first day of the said term to answer unto Benjamin
O Fallon and William Clark of a plea of breach of Covenant [illegible]
[illegible] to the damage of the said plaintiffs of three thousand
Dollars - and also that you summon all and every person
in whose hands on possession any such Lands tenements
goods chattles monies credits on effects shall be found
and particularly William Christy and Thomas Wright
that they he one appear on the first day of the term
afoersaid befow our judge there of then and there
to answer what may he objected against them
and have you them there this unit

*Wittness Archibald Gamble Clerk of our
said court at office this tenth day of
October Eighteen hundred and twenty and
of our Independence the forty fifth Archibald Gamble Clerk*

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**Page 5** (1042_005.jpg)
> *Legal Function: Affidavit of John O'Fallon*

County of Saint Louis [illegible]
Personally appeared before me the
undersigned a Justice of the Peace in for the
County aforesaid- John O Fallon agent
for the said Benjamin O. Fallon and William Clark who being
duly sworn says the above named
William Chambers- and James Sawyer are
in the indebted (as he verily believes) to the
said William Clark - and

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**Page 6** (1042_006.jpg)
Said Benjamin O. Fallon at least in the sum
of twenty five hundred Dollar: that
they said Chamber & Sawyer one neither resident
nor residing in the State of Missouri

*Sworn to [illegible] to
before me this 9th day of
October 1820 In. O'Fallon
Walsh
Justice of the Peace*

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**Page 7** (1042_007.jpg)
> *Legal Function: Bill of Costs*

filed Oct 10th 1820
A Gamble Clk
Pres & deed 20
affed 10
appearance 10
Direct 50
90
shff 1.70
2.60
[illegible] to C S Hempstead
> *Legal Function: Caption*

No. 56
Benjamin O. Fallon &
William Clarke
vs
William Chamber &
James Sawyer
Executed Direct
This is an action of Covenant
in foreign attachment: amount sworn to \$2500. Dam's \$3000 [illegible] let a writ issue
accordingly— [illegible]
[illegible]
Wm Christy— asgarnishees. A Gamble Clerk[?]

*Hempstead
Ps*
> *Legal Function: Certificate of Execution*

Executed this writ by attaching William Chambers and
James Sawyer by a certain track of land said to contain
three hundred and seventy four [illegible] situated about two
miles north of the Town of St Louis formerly owned by Louis
[illegible], and by summoning William Christy as [illegible]
Garnishee [illegible] in the foreseen of John Lindell[?]
Thomas Wright not found in my county [illegible] [illegible] in St Louis
Township october the 12th 1820

*Isaac C. McGirk [illegible] Service \$1.00
travel 20
1 non est 50
1.70*

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