Sally Jourdain v. DuBourg et. al.
Item
Sally Jourdain V. DuBourg Et. Al. 1817, St. Louis Circuit Court Historical Records Project, accessed October 4, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60634
- Case Title
- Sally Jourdain v. DuBourg et. al.
- Series
- Lewis and Clark
- Plaintiff
- Jourdain, Sally
- Defendant
- McNair, Alexander
- Chouteau, Auguste
- Walker, David
- Clark, William
- Dubourg, Louis William
- Date Filed
- 1817-09-10
- Filing Date
- 1817-09-10
- Court Name
- St. Louis Circuit Court
- Court Term
- 1817-09
- Judge
- Tucker, Nathaniel B.
- Clerk
- Gamble, Archibald
- Cause of Action
- contract
- Case Notes
- Defendant William Louis DuBourg was Bishop of Louisiana; plaintiff also spelled Sally Jordain; also known as Labrosse; divorce and marriage contract not honored; maiden name Russell.
- Case Number
- 177
- Identifier
- ccr1821.00991.008
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Sally Jourdain v. Francis Jourdain et. al.**
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**Page 1** (0991_001.jpg)
> *Legal Function: Complaint*
To the Honble Nathaniel Beverly Tucker Judge
of the Circuit court for the County of St Louis
Your Petitioner Sally Jourdain alias Labrosse
represents to your Honor that on or about the 24th day of
May eighteen hundred and four she was carefully married
to Francois Jourdain alias Labrosse; that previously to
their joining in matrimony to wit: on the 23rd day of May eighteen
hundred & four your Petitioner entered into a certain agreement
commonly called a marriage contract by which the said
Francois Jourdain & Sally Russel (now Sally Jourdain alias
Labrosse) the future couple engaged and promised one to the
other the faith of marriage and to have it celebrated as
soon as possible, or as soon as one should require the other
The contracting parties agreed to have in common all
their properties personal & real, acquired or that they
might acquire during their joint life; which shall be by
equal share. Your petitioner further states that she brought
with her into matrimony the sum of five hundred & five
dollars & five reals, (bits) which sum the said Francois Jourdain
recognized in said marriage contract as a privileged sum.
The said Francois Jourdain furthermore by the aforesaid contract
fixed a jointure or dower of three hundred dollars, to have &
to be taken by your petitioner as soon as dowery shall have
taken place upon all the properties of said Francois Jourdain
which property shall from now remain affected & mortgaged ~~[illegible]~~
The aforesaid marriage contract further stipulates that the
survivor of the aforesaid ~~future~~ couple should have from the common funds
the sum of one hundred dollars without prejudice to the aforesaid
five hundred & five dollars & five reals, which was brought by your
petitioner
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**Page 2** (0991_002.jpg)
> *Legal Function: Complaint part 2*
And the said contract also made provision that in case there
should be no child of the said marriage the survivor of said
couple should have and enjoy the whole of the property of the
other.
Your petitioner further represents that she lived with the
said Francois Jourdain until the day of [blank] eighteen hundred &
[blank] when she applied for and obtained a divorce ^ from the bonds of Matrimony ^ from the said
Francois, that the said Francois was at that time possessed in his
own right and that of your petitioner, of a house and lot situate
on Church street in the town of St Louis and county aforesaid
~~that the~~ bounded on the East by said Church Street, South by the
lot of Alexander Bellissime, North by the lot of Oliver C Smith &
West by [blank]. The said lot fronts on Church Street
about fifty eight feet french measure and runs back about
one hundred feet; that subsequent to the last mentioned time
~~the aforesaid~~ to wit on the [blank] day of August 1819 the aforesaid
lot (before your petitioner was endowed of her [moity?]) was sold
under execution to satisfy a debt of the said Francois alone,
and was conveyed to John Mullanphy; that the said Mullanphy
afterwards to wit on the [blank] day of [blank] eighteen hundred
and twenty conveyed the same house & lot to William Louis
Dubourg, Bishop of Louisianna, Auguste Chouteau, David
V Walker, William Clarke & Alexander McNair to be
held by them for certain purposes in the deed mentioned. Your
petitioner further states that the aforesaid Dubourg, Chouteau,
Walker, Clark, & McNair ~~are~~ now in possession of said house
and lot have refused & do refuse your petitioner, being endowed
and possessed of said house & lot according to the aforesaid marriage
contract: Therefore your petitioner humbly hopes that your Honor
will have right & justice done unto her according to the effect
of the aforesaid contract; to wit that the said Dubourg, Chouteau,
Walker, Clark, & McNair be decreed to convey the interest &
rights of half the aforesaid house & lot ^ to your Petitioner ^ & that the remaining half
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**Page 3** (0991_003.jpg)
> *Legal Function: Complaint part 3*
be sold to pay your petitioner the said eight hundred & five
dollars & five reals, mentioned in the aforesaid contract. & your
petitioner will ever pray &c
signed
Cozens & Pettis for Petitioner
County of St Louis ss
The State of Missouri
To the Sheriff of said County
Greeting
We Command you to Summon Lewis William Dubourg Bishop
of Louisianna Auguste Chouteau David Walker Alexander McNair and
William Clark that they be and appear before the Judge of our Circuit
Court at the next Term hereof to be held at the Town of St Louis
within and for the County of St Louis on the third Monday of
August ^ inst ^ ~~next~~ then and there to answer the petition Sally Jourdain
(alias Labrosse) and shew cause why the right and interest of half
of the house and lot in the said petition maintains should not be conveyed
to the said petitioner and that the remaining half be sold
to pay the petitioner the said Eight hundred & five dollars & five reals
in the contract in the said petition mentioned & And have you
then there this writ.
Witness Archibald Gamble Clerk of
Our said Court at office this 2nd day of
August 1821
Archibald Gamble Clerk
[seal]
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**Page 4** (0991_004.jpg)
> *Legal Function: Certificate of Filing*
No 177
Sally Jourdain (dit Labrosse)
vs
McNair Walker Dubourg & Clark
Petition
Filed August 2rd 1821
A Gamble
Clerk
> *Legal Function: Certificate of Execution*
Served 3d August
Wm Clark
Served 3d Augt
A McNair
Executed this writ on William
Clark & Alexander McNair
as will appear from their acknowledgment
on the 3 of August
on Lewis William Dubourg by
leaving a Copy of the same
together with a Copy of the Declaration
at his Dwelling House
with Mr Andrews and making
known to him the contents thereof
August 3d = on Auguste Chouteau
by reading the same to him
August 3d = on David V Walker
by informing him of the contents
and he acknowledging service to the
same August 4 in the Township of St Louis
M Simonds Depy Sheriff
Service $1.20
Travel .30
$1.50
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**Page 5** (0991_005.jpg)
> *Legal Function: Answer*
3d Circuit. february term 1822.
The joint demurrer of William Louis
Dubourg, Auguste Chouteau, David ^ V ^ Walker
William Clark & Alexander McNair the
defendants to a petition of complaint of Sally
Jourdain (alias) Labrosse
The said defendants by protestation
not confessing or acknowledging all or any
of these matters or things in the complainants bill
of petition of complaint to be true in such
sort manner & form as the same are therein
and thereby set forth and alledged for answer
to the said petitioners bill of petition these
defendants do demur in law and for cause of
demurrer say; that it appears of the petitioners
own showing in her own petition of complaint
that she claims one half of the premises in
question in the petition mentioned as a jointure
or dower under a marriage contract with
one Francois Jourdain alias Labrosse and by virtue
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**Page 6** (0991_006.jpg)
> *Legal Function: Answer, continued*
marriage with the said Francois Jourdan alias
Labrosse and it does not appear nor ~~&~~ is it alledged
in the said petitioners bill of petition of complaint
that Francois Jourdan alias Labrosse is ~~dead~~ now
dead or was dead when the said bill of petition
was filed and whereas if this allegation was contained in
the said bill of petition of complaint, it appearing
of the <u>Petitioners</u> own shewing in the said
bill of petition of complaint that she claims a
jointure under a marriage contract which is a
matter triable at law or on the chancery side of
this court wherefore & forasmuch as the petitioners
bill of petition of complaint does not contain
as these defendants are advised any matter
sufficient to establish any right or demand
against the defendants or either of them to draw
them into court by petition under an act passed
December in the year 1814 upon the subject of
dower
And for further cause of demurrer these
defendants jointly and severally say that it appears
by the said petitioners bill of petition of complaint
that the same is exhibited against them the defendants
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**Page 7** (0991_007.jpg)
> *Legal Function: Answer, continued*
for several distinct matters and causes that have
no relation to or dependence upon each other by
reason of which matters the complainants bill of
petition is spun out to a great length and
these defendants forced to make a copy of the
whole and ~~writings~~ ^ mingling ^ causes together in one
bill of petition in the progress of this suit;
the pleadings, orders and proceedings will be intricate
& prolix and these defendants put to unreasonable
& unnecessary charges in laboring upon things
for which reasons and for divers other errors and
imperfections in the said petitioners bill of petition
of complaint appearing these defendants do
demur to the said petition of complaint and h
umbly demand the judgment of this court whether they shall be compelled to make any
further or other answer thereto and humbly
pray to be hence dismissed with their costs —
George Strother attorney for defendants —
The Plff joins in Demurrer
Pettis & Cozens
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**Page 8** (0991_008.jpg)
> *Legal Function: Certificate of Filing*
Douburg & others
als.
Jourdan
Demurrer
Filed Feby 26 1822
A Gamble Clk
Sally Jourdain V. DuBourg Et. Al. 1817, St. Louis Circuit Court Historical Records Project, accessed October 4, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60634