Bank of America v. John O'Fallon

Item

Bank of America V. John O’Fallon. 1824, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60655

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Case Title: Bank of America v. John O'Fallon
Series: Lewis and Clark
Plaintiff: Bank of America; O'Fallon, John
Defendant: Brady, Harriet; Brady, Mary; Brady, Eliza
Date Filed: 1824-01-13
Filing Date: 1824-01-13
Plaintiff’s Attorney: Pettis, Spencer; Wash, Robert
Court Name: St. Louis County Court
Court Term: 1824-02
Clerk: Gamble, Archibald
Sheriff: Walker, John K.
Cause of Action: payment of mortgage deed
Case Notes: Bank foreclosed on widow and 4 children; plaintiff to use of John O'Fallon, William Clark, Auguste Chouteau, Bernard Pratte, Robert Wash; defendants heirs of Thomas Brady.
Case Number: 62
Identifier: ccr1824.01023.009
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Bank of America v. John O'Fallon**

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**Page 1** (1023_001.jpg)
> *Legal Function: Summons*

County of St.Louis Sct.
The state of Missouri To the Sheriff of St.Louis County Greeting
You are hereby commanded to common
Harriett Brady widow, Mary Brady, Eliza[?] Brady
Harriett Brady Jr . and Thomas J. Brady widow &
Heirs at Law of Thomas Brady deceased that
they be and appear before the Judge of our
Circuit Court at the next term thereof, to be
held at the City of St.Louis within and for the
County of St.Louis on the first Monday in
February next then and there to answer unto
the Petition of the President, Directors[?] and
company of the Bank of Missouri who sue
to the use of John O'Fallon , William Clark
Auguste Chouteau , Bernard Pratte & Robert
Nash , and have you then there this writ.

*Witness Archibald Gamble Clerk
of our said Court at Office
this thirteenth day of January
Eighteen Hundred and Twenty Four Archibald Gamble clerk*

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**Page 2** (1023_002.jpg)
> *Legal Function: Complaint*

State of Missouri
County of St. Louis Febry Term 1824 To the Honorable the judge of the Circuit
Court of the County of St. Louis 3rd Judicial
District
The petition of the President Directors
& Company of the Bank of Missouri who
sue to the use of John O'Fallon William Clark
Augusto Choteau Bernard Pratte & Robert
Nash , respectfully shewith unto your Honor.
that heretofore to writ on the twenty eighth day
of September Eighteen hundred and twenty one
at the county aforesaid Thomas Brady on his lifetime made his certain indention[?]
deed [illegible] Pole or Deed of Mortgage unto the said President
Director and Company of the Bank of Missouri
aforesaid sealed with the seal of the said Thomas Brady
and now to the Court shewn by about said indention[?]
Deed Pole or Deed of Mortgage the said Thomas Brady
party of the first part in the said deed of mortgage for the better securing[?] and
[illegible] [illegible] payment of the sum of seven Thousand
dollars to the said President Directors and
Company of the Bank of Missouri party of the
second part to the amount of which said sum
of Money he[?] the[?] said Thomas Brady by the instru
ment of writing aforesaid acknowledged himself justly[?]
indebted to the said party of the second past and
also for and in consideration of the sum of one
dollar to him in hand will & truly paid by the
said party of the second part at or before the
unsealing[?] and delivery[?] of the said instrument of
writing Indention Deed Pole or Deed of Mortgage
aforesaid, granted bargained[?] sold aliened, [illegible]

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**Page 3** (1023_003.jpg)
released and confirmed unto the said party of the
second part, The President Directors and company of the Bank of Missouri their successors and
assign, forever all that certain lot or parcel
of ground situated[?] lying and being in the town of
St Louis continuing the quantity of eighty feet
English[?] measured in front on first main street
by one hundred and forty feet deep like[?] measure
Bounded in front and eastwardly[?] by first main
street which separates it from the lot of Thomas
Hanly North by the lot of said Brady on which
the Missouri Hotel is situated South by the lot
of said Brady & west by a twenty feet alley
the said lot them described as[?] to commence in
front at a picket[?] which runs between the lot of
the Missouri Hotel and[?] the lot above desceribed
running thence[?] south eighty feet on Main[?]
street to another picket[?] fence[?] which devide
the yard[?] from the garden thence[?] west to the
alley and by parallel lines to the beginning
on which said lot is the dwelling house of & other
bulidings[?] lately[?] therefore occupied by said
Thomas Brady then[?] by General Henry [illegible]
now which lot thus designated is part and parcel of the square purchased by said Thomas
from I argue[?] [illegible] by deed dated
April 23 rd 1812. And all all that certain
square[?] & parcel of ground except the part
sold situated[?] in said town & in the rear[?] of the lot & square
above described[?] containing the quantity of two

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**Page 4** (1023_004.jpg)
> *Legal Function: Complaint part 2*

hundred and forty feet french measure in front
on second main street by three hundred feet like
measure in depth. Bounded in front by second
main or church street north & south by cross[?] streets
& west by third or Burn[?] street being the same
which was on the 23 rd day of april 1812 purchased
by said Thomas Brady of Jaquel blamorgan
all which incomen fully appear by reference
to the said Indention[?] Deed pole or Deed of mortgage
out of which said square[?] the said Thomas
Brady had sold to the north western
corner them of being thirty seven and a half feet
front on third street by two hundred and forty
feet deep. And by the said indention[?] deed pole
or deed of mortgage the said Thomas Brady
granted bargained[?] sold aliened[?] [illegible] released
and confirmed into the said President Directors
and Company of the Bank of Missouri and
then[?] sucessors[?] [illegible] and assign[?] forever own there[?]
certain lot or parcel[?] piece[?] of ground situated[?]
lying and being in said town[?] of St Louis
containing the quantity of thirty three feet
English[?] measure in front on the river Missouri
by five hundred feet like[?] measure on depth [illegible]
[illegible] westwardly[?] Bounded in front[?] by on said river
southwardly[?] by the ware house & lot there[?] occupied
by John Brady north[?] by the lot of Limon[?] Block[?] and west by the[?] lot of Madame[?] [illegible] [illegible] being
front[?] and parcel of a certain lot [illegible]
purchased[?] by said Thomas Brady &[?] John McKnight[?]
from one Samuel[?] Brady being one of the lots[?] devided
between the said McKnight[?] & Brady by[?] & conveyed[?]

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**Page 5** (1023_005.jpg)
to the said Brady by deed of partition dated Sept
23 rd 1818. All which into more[?] fully affirm[?] by
reference [illegible] had to the indication[?] deed[?] pole[?] or
deed of mortgaged aforesaid and the records[?] therein
refered to. The said President Directors[?]
and company of the Bank of Masouri
to have[?] and hold the therein before mentioned[?]
granted premises[?] which all and singular the rights[?]
members [illegible] [illegible] and [illegible]
ces thousand belonging into the said President Directors
and company of the Bank of Missouri their
successors[?] and assigned[?] to the only [illegible] use
benefit and behalf of the said President Directors
and company of the Bank of Missouri
their[?] heirs[?] successors[?] and assigned[?] foreseen[?]
provided and upon[?] this condition that [illegible]
as the[?] said Thomas Brady was then justly[?] indebted[?]
to the said President Directors and company
of the Bank of Missouri or order in the said
sum of seven thousand dollars for which sum[?]
the said Brady did on the day and [illegible]
(28th Sept 1821) [illegible] to the said party of the [illegible]
past [illegible] [illegible] [illegible] negotiable[?] payable at said Bank
in [illegible] days from that date. A to the said President Directors and company Bank of Missouri on order if that of the
said Thomas Brady or his legal representation[?]
should will[?] and truly pay the said seven thous
and dollars or such part thereof[?] from [illegible] [illegible] time
until[?] the whole is paid as shall be demanded
by said Board of President & Directors of said

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**Page 6** (1023_006.jpg)
> *Legal Function: Complaint part 3*

Bank and their successors in[?] office according to
the trie[?] intent and meaning of said indention[?]
deed[?] pole or[?] deed[?] of mortgaging or instrument
of writing which the company[?] aforesaid[?] and of the
premises[?] aforsaid to be null[?] and void otherwise[?]
to remain in full force and [illegible].
And the said Thomas Brady for himself his heirs
[illegible] and [illegible] did by the said of
mortgage or instrument of working aforesaid
covenant grant[?] and agree to & with the said
party of the second bank and their successors[?]
& assigns[?] among other[?] things that the [illegible] said Thomas Brady should
&[?] would will[?] & Truly pay to the said party of the
second part of their successors[?] and assigns[?] the said
sum[?] of seven Thousand Dollars[?] in whole or
in part[?] with[?] all interest[?] [illegible] as shall be
required of him[?] from time[?] to time[?] by said
Board of President & Directors[?] aforesaid on
their successors[?] in office according to the rules
and by laws[?] of said Bank and the true intent
and meaning of the parties to the said that instrument[?]
of writing [illegible] in the [illegible] [illegible] and furthermore thereby[?] mutually
covenanted and agreed by and between the said
parties that of default shall be made in the
payment of said principle[?] debt & interest or in
any part of said debt by the said Thomas Brady
when required to pay by the said Board or their successors[?]
or assigns[?] that then the said mortgaged premises shall
be foreclosed &[?] property mentioned in said indentation[?]
in be sold to party[?] discharge[?] the said debt. It is
further shown[?] by your petition[?] that on the
day of Eighteen hundred and twenty
one at the county aforesaid the said Thomas

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**Page 7** (1023_007.jpg)
Brady departed this life without[?] having paid to
the said President directors and Company of
the Bank of Missouri of said[?] or any person
for them the said sum of seven thousand dollars
with interest thereon or any past thereof
[illegible] the said sum of money had long before that
time[?] been due and had been duly defended by the
said President & director[?] device [illegible] and Company of the Bank afore
said and by the Board aforesaid. And your petition[?] further states that the said Thomas Brady
at the time of his decease left Harriet Brady his
widow and Mary Brady. Eliza Brady, Harriet
Brady Jr.[?] & of Thomas J.[?] Brady his [illegible] children
and heirs[?]. That afterwards to and on the tenth day of
November Eighteen hundred and twenty one John Rice[?]
[illegible] obtained letters of administration[?] on [illegible]
of the said Thomas Brady deceased, but [illegible] [illegible]
the said widow[?] nor the heirs[?] aforesaid nor the said
Administrator nor either of them nor any
person or persons for them has paid to the said
President Directors and Company of the Bank
of Missouri or to the Board of President & Directors
of said Bank or to any person or persons for them
the paid sum of seven thousand Dollars with[?]
interest[?] thereon[?] or any part thereof according
to the [illegible] [illegible] [illegible] of paid [illegible] or according to
the agreement of the said parties to the indenture[?]
deed[?] pole[?] deed[?] of Mortgage or instrument of
writing aforesaid but the sum[?] to the said President
Director and Company of the Bank of Missouri

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**Page 8** (1023_008.jpg)
> *Legal Function: Complaint part 4*

and to the Board of the President & Directory of the
Bank aforesaid to pay ([illegible] after requested [illegible] to [illegible]
and [illegible] payment of the same has been after duly demanded)
the said Thomas Brady in his life and the said widow[?] and heirs[?] and Administrator aforesaid have [illegible]
wholly refused and have made default and the said
sum of money [illegible] unpaid. Your petitioner
therefore[?] prays[?] that the Mortgage aforesaid
may be foreclosed and the property therein[?] mentioned[?]
said by order of this Court to satisfy the debt aforesaid
due the said plaintiff, and that the said widow[?]
and heirs may be summoned[?] and required to
appear[?] at the next term of this Court to show[?]
cause[?] why the Mortgage property shall not be
for closed and the property in said mortgage men-
tioned, sold for the payment of the debt due
your petitioners [illegible]

*Wash & Pettis Attys for Pltffs*

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**Page 9** (1023_009.jpg)
> *Legal Function: Certificate of Execution*

Executed on
> *Legal Function: Certificate of Filing*

No. 62. February Term 1824
Bank of Missouri
to the term of John
O Fallon & Stone
vs
Harriett[?] Brady
widow[?] &
Mary Brady
Eliza[?] Brady
[illegible] Brady Jr.
& Thomas J.[?] Brady
heirs of Thomas
Brady [illegible]
Mash & Pitty
Atys

*[illegible]
St. Louis County[?] filed[?] 13th January 1824 [illegible]*
> *Legal Function: Certificate of Execution*

Executed this writ on Harriet Brady January 13 1824 in
the City St.Louis by reading the same to her the heirs of
Thomas Brady named[?] in this writ not found in my county Jany
17th 1824
Shff[?] fees \$3.00
See Book 3 - [illegible] 331, 267, 274

*John K. Walker[?] Sheriff*

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

Bank of America V. John O’Fallon. 1824, St. Louis Circuit Court Historical Records Project, accessed October 7, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60655