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. 1820, St. Louis Circuit Court Historical Records Project, accessed October 4, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60635

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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: 1821
Filing Date: 1821
Plaintiff’s Attorney: Hempstead
Court Name: Circuit Court in the 3rd Judicial Circuit|St. Louis Circuit Court
Court Term: 1821-04
Clerk: Gamble, Archibald; Baker, Ewel
Justice of the Peace: McGuire, Thomas
Cause of Action: Covenant
Case Notes: $3,000 damages; includes interrogatories to Major William Christy, garnishee.
Identifier: ccr1821.01044.016
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** (1044_001.jpg)
> *Legal Function: Order of Attachment for William Chambers and James Sawyer*

Country of St. Louis
The State of Missouri To the Sheriff of said County
Greeting
We command and you to attach William & Chambers and
James Sawyer by all and Singular their goods and
chattles Lands and tenements monies credits and
effects or so much thereof as shall be sufficient to
secure the sum of Twenty five hundred and ten
dollars with interest and costs of said in whose
hands or possession soever the same may be found
in your county that they the said Willian Chambers
and James Sawyer be and appear at the next Term
of our Circuit court before our Judge there of to
be hold at the town of St Louis within and for the
county of St Louis on the first monday of April
next there and there to answer unto Benjamin O Fallon
and William Clark of a plea of Breach of Covenant
to the damage of the said Plaintiffs of Three-
Thousand dollars - and also that you summon
all and every persons in whose hands or possessions
soever [illegible] Lands tenements goods chattles monies
credits and effects shall be found and particu-
larly William Christy and Thomas Wright that
they be and appear on the first day of the Term
aforesaid before our Judge thereof then and there
to answer what may be objected against them
and have you then there this writ.

*Witness Archibald Gamble clerk of
and said court at office this Fifteenth
day of February Eighteen Hundred
and twenty one and of the Indepan-
dence of the United States the forty
fifth Archilald Gamble clerk
by Ewel Baker D Clerk*
> *Legal Function: Order of Attachment for William Chambers and James Sawyer Part 2*

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**Page 2** (1044_002.jpg)
Executed this writ by attac-
hing all the right title
interest and claim of
Wm Chambers in & to a tract
of Loved on which Wm
Christy Lives & summond
him as garnished on
the 22 Feb 1821 in the pres
ence of E. Baker
and attached a lot situated
on the hill bounded on the
south, by a Lot of Talmon
Gedding on the 26th Feb.
1821in the presence of John B

*John K. Walker Dlf*
> *Legal Function: Caption*

No. 55
Benj O Fallon &
Wm. Clark
vs Wm. Chambers &
James Sawyer
narrow Covenant
This is an action of Covenant
under [illegible] on foreign attach
with affidavit endorsed - set
a writ of foreign attachment
issue according to Larr-Summon
May vs Wm. Christy & Ihs. Wright
as garnished - Dams $ 3000

*Hempstead Ps
Clk C C Slc*
Service \$1.00
travel .40
\$1.40

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**Page 3** (1044_003.jpg)
> *Legal Function: Plaintiff's Complaint*

In the Circuit Court
in the 3d Judicial District
april Term 1821
County of Saint Louis town: Benjamin O'Fallon
and William Clark complain by Hempstead
their attorney of William Chambers and James
Sawyer of a plea of breach of Covenant -
for that whereas, by a certain article of agreement
made concluded and agreed upon the terms Ninth day of May in the year of our lord. One
thousand eighth hundred sixteen, town at the
County of Saint Louis aforesaid, between the
the said Plaintiffs of the one Part, and the said
Defendant's of the other Part, (which said article,
of agreements State of much the respective seals
of said Defendant, and bearing date the Pay and
[illegible] last aforesaid, the said plaintiffs now
bring here into Court) the said William
Chambers and James Sawyer did covenant
grant promise & agree to and with said
Plaintiffs in names following that is to say

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**Page 4** (1044_004.jpg)
that they send William Chambers & James Sawyer
would on the First day of February in the
year Eighteen hundred and seventeen take up
an obligation given by said Benjamin O'Fallon
and William Clark to John Sullivan as
Executor and a administrator of Samuel Means. For
the sum of twenty five hundred and Ten dollars-
as by paid article of agreement reference being
thereto had, will amongst other things appear—
Yet protesting that the said Defendants
have not [illegible] nor either of them performed and
fulfilled any thing in said article of agreement
contained on their respective parts and behalves
to be performed; said they said plaintiffs do in fact
over, that the said William Chambers and James
Sawyer did not, nor did either of them on the
said first day of February in the years One
thousand Eight hundred twenty. take up the said
obligation given by said Benjamin O Fallon &
William Clark to said John Sullivan as Executor
and administrator of Samuel Means for the sum of

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**Page 5** (1044_005.jpg)
> *Legal Function: Plaintiff's Complaint Part 2*

twenty five hundred and ten dollars, according
to the [illegible], true meaning [illegible] [illegible] article of
agreement: but on the contrary there of said
Defendants then there failed & made default
in the performance of said agreement in the particular
last above mentioned, contrary to the [illegible] and effect
of the said agreement, and of the said Covenant of the
said Defendants therein for that purpose in that
behalf contained as aforesaid; and in breach, and
in violation there of town at the county afore
said:
And where as by a certain other deed
made concluded & agreed upon the said twenty
ninth of May in the year Eighteen hundred sixteen
town at Saint Louis County aforesaid, between the
said plaintiffs of the one part, and the said Defendents
([?] which said deeds sealed with the respective seals
of them the said Defendants, & bearing both the
day and year last aforesaid, the two plaintiffs now
bring here into court ) the said Defendants
did covenant promise & agree to and with said
plaintiffs in the manner following that is to
say the on the first day of February Eighteen
hundred and seventy they said William chambers

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**Page 6** (1044_006.jpg)
and James Sawyer promised & obliged themselves
to take up an obligation given by said Benjamin
O'Fallon and William to John Sullivan as
Executor and administrator of Samuel Means for the
sum of twenty five hundred & ten dollars
as by said deed, reference being therein had
will appear
And the said plaintiffs in fact say
and [illegible] over that they said William
Chambers & James Sawyer have not nor either of
them performed or fulfilled the said last mentioned
covenant and agreement on their part and behalf
to be performed— in this, that is to say—
that they said William Chambers and James Sawyer did
not nor did either of them on the said last mentioned
first day of February in the year Eighteth hundred &
twenty— take up the said obligation given by
said Benjamin O'Fallon and William Clark to
said John Sullivan as Executor & administrator of
said Samuel Means for the last mentioned sum
of twenty five hundred & ten dollars according to
the tenor and effect of said last mentioned deed—
but on the contrary there of said Defendants

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**Page 7** (1044_007.jpg)
> *Legal Function: Affidavit of John O'Fallon*

State of Missouri
County of Saint Louis
[illegible]
Personally appeared before me
the undersigned one of the Justices of the peace
in [illegible] the County [illegible] John O'Fallon
of lawful age, who being duly sworn according
to Law Says that he is agent for the above
named plaintiffs Benjamin O Fallon William
Clark ; that the above & foregoing mentioned
Defendants William Chambers & James Sawyer
are justly in debted to said plaintiffs in the sum
at least of twenty five hundred & Ten Dollars & which
is the sum Debt, & sum mentioned & stated in the
foregoing declaration to recover & secure which the
foregoing statement & declaration is about to be filed according to law
and the said affidavit further saith, that he verily
believes that said Defendants William Chambers &
James Sawyer nor each of them, are residents of, or
residing in this aforesaid state — further this [illegible] saith not [illegible]

*Sworn to [illegible] before
me this thirteenth day of February
1821 Thomas M. Giare J. P.*
> *Legal Function: Affidavit of John O'Fallon Part 2*

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**Page 8** (1044_008.jpg)
then & there wholly failed and made defaulted
in the performance of said last mentioned covenant
in the particular last above mentioned contrary to
the tenor and effect of said Deed & of the said covenant
ofthe said Defendants their for that purpose
in that behalf contained as aforesaid & in breach
and violation thereof - town at the County
aforesaid
And so the said plaintiffs say that
that said Defendants (although often requested
have not, nor hath either of them Kept their
said covenant, so by them in form aforesaid made
with them said plaintiffs, But have, and each
of them hath broken the same, trust to keep the
same with said plaintiffs have neither to wholly
refused other do refuse to the Damages of said
plaintiffs three Dollars & three
five they bring suit

*Hempstead Ps*

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**Page 9** (1044_009.jpg)
> *Legal Function: Attestation of William Chambers and James Sawyer*

On the first day of Febry[?]. Eighteen hundred and
twenty we promise and oblige ourselves to
take up our obligation given by Benj. O
Fallon and William Clark To John a Sullivan as Executor & admit.d of Samuel Means for the
sum of twenty five hundred and ten Dollar
and to pay to him the said Benj .n O'Fallon the
Sum of three hundred and Ninety Dollars
Current money for [illegible] rec this twenty
ninth Day of May 1816. witness our hands & seals
Attest Peter Bowler

*Wm Chambers
James Samyer*
> *Legal Function: Attestation of William Chambers and James Sawyer Part 2*

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**Page 10** (1044_010.jpg)
Saint Louis M. J. July 2 1816[?] rec in
next payment of the within obligation
Two hundred Dollars paid by William
Chambers for which adequate receipt
is now given to him

*Benj A. O Fallon*
> *Legal Function: Caption*

O . Fallon
vs
Chambers &
Sawyer
Deed [illegible]

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**Page 11** (1044_011.jpg)
> *Legal Function: Caption*

O'Fallon H
vs Chambers H.
Interogatories to
Maj. William Christy
Garnishee

*filed 18th april 1821
A Gamble . Clerk*

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**Page 12** (1044_012.jpg)
> *Legal Function: Plaintiff's Interrogatories to Major William Christy Part 2*

In the Circuit Court St Louis County
April Term 1821
Benjamin O Fallon & William Clark
vs William Chambers of
James Sawyer
Foreign attachment
Interrogatories by Plaintiffs attorney to
Maj. William Christy. Garnishee
1 Have you in your possession or can any land or tenaments[?]
belonging to said Chambers or Sawyer or either if So state their
a situation quantity &[?] value
2. To the track of Land or any part thereof on which
you non inside the property of William Chambers
if so please state its situation quantity & value
if it is not the exclusive property of said Chambers
Please state the [illegible] & the quantity of his title & interest
therein—
3. Have you not in your care the undivided track of Land
purchased by Said Chambers of Louis Labeaumi[?]? if not please
state all you know respecting [illegible]
4 Have you in your Care possession or control any goods. Chattels [illegible] [illegible] affects monies or credits of said
Chambers or Sawyer if. So Please State therein respective
amounts value [illegible]
5 Have you in your Care control or possession any
evidences of Claims monies or credits am Said
Defendants if so state from whom over other amount
and when pay [illegible]
6 [illegible] you are Said Chambers and Sawyer if so state How much
when [illegible] and Payable?

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**Page 13** (1044_013.jpg)
> *Legal Function: Plaintiff's Interrogatories to Major William Christy Part 3*

7 state all you know [illegible] of the property
[illegible] & personal of said Chambers & Sawyer

*Signed Hempstead for Plffs*

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**Page 14** (1044_014.jpg)
> *Legal Function: Caption*

O Fallon & Co. vs Chamber & Co.
Interrogatories to
Maj Wm Christy Garnishee

*filed 18th April 1824 A Gambler Clerk*

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**Page 15** (1044_015.jpg)
> *Legal Function: Plaintiff's Interrogatories of Major William Christy Part 2*

In the Circuit Court St. Louis County
April Term 1821
Benjamin O Fallon William Clark vsWilliam Chambers
James Sawyer
Foreign attachments
Interogatories by plaintiffs attorney to
Maj William Christy Garnishee [illegible]
1. Have you in your possession or care any
Lands or tenements belonging to said
Chambers or Sawyer or either ?[?] if so state
their situation, quantity — and values
2. In the tract of land or any part thereof and on which you
now reside the property of William Chambers
if so please state its situation — quantity
& value — if it is not the exclusive property
of said Chambers please state the nature &
quantity title &[?] tract thereon—
3. Have you not in your care the [illegible]
Tract of land purchased by said Chambers
of Louis Sabeame[?], if not please
state all you know respecting it

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**Page 16** (1044_016.jpg)
4. Have you in your care, possesion, or
control any Goods, chattles[?], rights credits
effects monies or credits of said Chambers
or Sawyer — if so please state their
respective amounts, value, [illegible]
5. Have you any debts in your care or control
or possesion any evidence of claims, monies
or credits due said Defendants — if so
state from whom due — their amount &
when payable
6. Do you owe said Chambers or Sawyer
if so state how much — when due and
payable?
7 State all you know otherwise of the
property real & personal of said Chambers & Sawyer

*Hampstead for Plffs*

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