Sally v. Henry Chouteau

Item

Sally V. Henry Chouteau. 1835, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60818

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Case Title: Sally v. Henry Chouteau
Series: Freedom Suits
Plaintiff: Sally
Defendant: Chouteau, Henry
Date Filed: 1835-06-26
Next Friend: Willi, Samuel
Filing Date: 1835-06-26
Plaintiff’s Attorney: Primm, Wilson; Drake, Charles D.
Defendant’s Attorney: Allen, Beverly
Court Name: St. Louis Circuit Court
Court Term: 1835-07
Judge: Lawless, Luke E.
Clerk: Ruland, John; Gamble, Archibald
Justice of the Peace: Hough, D.
Sheriff: Brotherton, James; Brotherton, Marshall; Hammond, George; DuBreuil, Louis; Gordon, J.
Sworn Declarant: Brazeau, Louis; Papin, Hypolite; Primm, Wilson; Cerre, Pascal L.
Cause of Action: Trespass
Case Notes: Plaintiff, a mulatto girl of 13, sued by next friend Samuel Willi; plaintiff's mother Marianne owned by Joseph & Therese Delisle Brazeau, then their niece & her husband Marie Therese & Jean Baptiste Duchouquette; Marianne & her children were to be freed.
Disposition: Judgment for Plaintiff
Case Number: 101
Identifier: ccr1835.06775.022
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Sally v. Henry Chouteau**

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**Page 1** (6775_001.jpg)
> *Legal Function: Plaintiff's Petition for Leave to Sue as a Poor Person*

To the Honorable Luke E. Lawless Judge of the
Circuit Count of St Louis County.
Sally an infant mulatto girl of the age of
thirteen years by her next friend Samuel Willi
respectfully represents, that on the fourteenth day of
February eighteen hundred and eighteen, a certain
agreement in writing was made signed sealed and
executed by and between Marie Thereze Brazeau
widow of
Joseph Brazeau deceased of the one part
and Baptiste Duchouquette and
Marie Therese his
wife of the other part, in which among other things
it is stated as follows, to wit; ``Whereas Joseph Brazeau
by testamentary act, dated the fifth of May, one
thousand seven hundred and ninety eight, proved and
approved the twenty sixth of November last and
deposited in the office of the Clerk of the Circuit Court
of St Louis County Missouri Territory, it is said & declared
by the ninth article of the said Testament as follows,
to wit; ``Ninthly, as to the surplus of all the property
which he will leave on the day of his decease, the
present testament fulfilled, he gives them to Marie
Brazeau his niece, in consideration of the attachment
which he has for her, and of that which she has always
shown him & of her good conduct, he gives & bequeaths
them to her in been gift, naming her to that effect
his universal legatee, to be disposed of by her as of
things to her [illegible] properly belonging, after the
decease however of Marie Therese Brazeau my wife
to whom I have abandoned the enjoyment thereof
during her life time.'' And whereas the said Marie
Therese widow of Joseph Brazeau deceased does not
feel herself in a condition to render available the
property abandoned by the said Joseph Brazeau
deceased, and is content to abandon the care & direction

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**Page 2** (6775_002.jpg)
of the same to Baptiste Duchouquette and to the said
Marie Thereze Brazeau niece of the said deceased &
wife of the said Bapstite Duchouquette, the universal
legatee named in the said ninth article of the said
testament the said Baptiste & Marie here present &
accepting, know all those who shall see these
presents that the said Marie Therese widow of
Joseph Brazeau deceased of the one part & the said
Baptiste Duchouquette & Marie Therese his wife of
the other part, have contracted and agreed as follows,
to wit: That the said Marie Therese widow of the
said Joseph Brazeau deceased, for and in consideration
of the sum of three hundred and fifty dollars, lawful
money of the United States which the said Baptiste &
Marie his wife, oligate, promise & engage themselves
to pay each year to the said widow Brazeau , during
her lifetime, the first payment of which shall commence
in one year from the date of these presents, and
also for and in consideration of the promises, claims
conventions & conditions hereinafter stipulated
and mentioned, which the said Baptiste & Marie
his wife promise, obligate & engage themselves to
fulfill, in all their extent, force & tenor, the said
[illegible] widow of Joseph Brazeau deceased, has
sold, ceded, quitclaimed relinquished, abandoned
& transferred, as in fact and by these presents, she
sells, cedes, quitclaims relinquishes, abandons &
transfers to the said Baptiste Duchouquette and
Marie Therese his wife, all the rights, titles, actions
pretensions properties which she has and
may have to the property left by the laid
Joseph
Brazeau deceased, and to the enjoyment of the said
property left to her by the said testament, during her
lifetime, with the exception of the reservation herein
after made, so that the said Baptiste & Marie

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**Page 3** (6775_003.jpg)
his wife their heirs & assigns may do with enjoy & dispose of the [illegible]
above mentioned rights as of things to them proper
& belonging from this time & forever. And the said
Baptiste Duchouquette & Marie his wife for and in
consideration of the clauses conventions & abandonment
herein above made to them by the above named
widow of of Joseph Brazeau deceased , they promise,
obligate & engage themselves well & truly to pay to
the said widow Brazeau at the expiration of each
year from the day of the date of these presents during
her life time, the above mentioned sum of three hundred
and fifty dollars lawful money of the United
States , moreover to fulfill in all its extent, the clauses
conventions & legacies mentioned in the said testament
conformably with their force & tenor, moreover to leave
to the said widow Brazeau during her lifetime the
enjoyment of a negro named Baptiste aged about
thirty years, who after the decease of the said widow
shall revert as the property of the said Baptiste and
his wife, conformably with the letter of the said
testament; and moreover, for & in consideration of
the above abandonment & of the attachment which
the said Joseph Brazeau deceased during his life-time
has manifested towards the said Maria Thereze
Duchouquette, & of the love, tenderness & affection
which the said Marie Duchouquette has for the said
Joseph Brazeau deceased her uncle & of the love,
friendship & attachment which she has vowed
& vows to the said widow of Joseph Brazeau deceased
the said Baptiste Duchouquette & Marie his wife
promise, obligate & engage themselves, that when the
happening of the decease of the said widow of the said Joseph
Brazeau deceased , they will recognize, declare &
set free and will give deed of freedom to the mulatto
Peter aged about fifty years as well as to the

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**Page 4** (6775_004.jpg)
mulatto woman Marianne and to the children
whom she may have, that they may enjoy their
freedom and act and contract as free and independent
persons.'' All which will appear by the
said agreement in writing reference being thereto
had, or to the record thereof in the office of the
Recorder of St Louis County book [illegible] page one hundred
and seventy two and following.''
Your petitioner further states that she is the
daughter of the said Marianne , and as such she is
advised is legally & equitably entitled to her freedom
She further states that Baptiste Duchouquette
died on the twenty second day of July eighteen
hundred & thirty three [illegible] that his wife the said
Marie Therese Duchouquette died on the eighth day
of July eighteen eighteen hundred and
eighteen, and that the said Marie Therese Brazeau
died on the second day of February - eighteen hundred
and thirty four.
The said Baptiste Duchouquette & Marie
Therese his wife after their death left the following
named heirs each entitled to a distributed portion
of their estate, to wit;
Jean Baptiste Duchouquette, Joseph Duchouquette,
Therese Duchouquette who intermarried
with Honore [illegible], Elizabeth Duchouquette,
commonly called Ritta Duchouquette, who intermarried
with Jean Baptiste L'Esperance[?],
Brazeau
Duchouquette who died without issue prior to the
death of his father Baptiste Duchouquette, and
Melanie alias Celeste Duchouquette who intermarried
with Theodore Papin and died on the twenty third
of November eighteen hundred and thirty three,
leaving four children, to with Mary , [illegible]
Coralie & Theodore Papin.
On the thirteen day of July—eighteen hundred and thirty four,

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**Page 5** (6775_005.jpg)
[illegible] nonwithstanding[?] your
petitioner protected against such a course, the
said heirs of Baptiste Duchouquette [illegible] & Marie Thereze
his wife hold your petitioner as a slave for life
to Henry Chouteau of the
City of St Louis , who by
virtue of his purchase holds your petitioner in his
service & custody as his slave and deprives her of
her liberty contrary to the intent and meaning of
the agreement in writing above recited and
against the laws of this state.
She therefore prays that she may be
permitted to bring suit as a poor person against the said Henry Chouteau to establish her
freedom and that your honor will make such
[illegible] order as will ensure to her
the rights & privileges which under the circumstances
of the case the law allows her.

*St Louis June 26th 1835 Sally by her next friend Saml Willi*
> *Legal Function: Jurat*

County of St. Louis to wit;
Samuel Willi being sworn on his oath says that the facts stated in the foregoing
affidavit as far as they depend upon his own knowledge
are true, and as far as they are derived from the information
of others he believes to be true.

*Saml Willi Sworn to & subscribed before me
this 26th day of June 1835 D Hough Justice of the Peace
St Louis County*

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**Page 6** (6775_006.jpg)
> *Legal Function: Order Permitting Plaintiff to Sue as a Poor Person*

County of St Louis , to wit,
The within named petitioner
Sally is permitted to bring suit as a poor person
against Henry Chouteau to recover her freedom
It is further ordered that she have reasonable
liberty to attend her counsel and the Circuit
Court when occasion may require, and she
shall not be taken or removed out of the jurisdiction of the said Court nor be subject to
any severity because of her application for
freedom.

*Given under my hand at St Louis this
26th day of June 1835 [illegible] Judge of the Circuit Court 3rd Judicial Circuit*

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**Page 7** (6775_007.jpg)
> *Legal Function: Plaintiff's Complaint*

In the Circuit Court Third Judicial Circuit July Term 1835 County of St Louis , to wit.
Sally a girl of color by her
next friend, complains of Henry Chouteau of a plea
of trespass; for that the said defendant on the
thirtieth - day of July - eighteen hundred
and thirty four with force & arms assaulted the
said Plaintiff, to wit, at the County aforesaid and
then & there beat & ill-heated her the said plaintiff &[?]
then & there imprisoned her the said plaintiff
& kept & detained her in prison then & there without any
reasonable or probable cause whatsoever for a
long time, to wit, for the space of twenty four hours
then next following, contrary to the law of the
land & against the will of the said plaintiff; and
other wrongs to the said Plaintiff then & there did
against the peace & dignity of the State of Missouri
and to the damage of the said Plaintiff of five
hundred dollars & therefore she brings her suit[illegible]
And the said plaintiff avers that before &
at the time of the committing the grievances
aforesaid, she was & still is a free person & that
the defendant held & detained her & still holds &
detains her in slavery.

*Primm and Drake
attys for pltff*
> *Legal Function: Order*

County of St Louis to wit
The within named petitioner Sally is permitted to bring
suit as a poor person against Henry Chouteau to recover her freedom. It is
further ordered that she have reasonable liberty to attend her counsel and
the circuit court when occasion may require; and she shall not be taken or
removed out of the jurisdiction of said court nor be subject to any severity
because of her application for freedom.

*Given under my hand at St
Louis this 26th day of June 1835 A true copy of the order of the Judge
Archibald Gamble Clerk L E Lawless Judge of the circuit court 3d Judicial Circuit*

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**Page 8** (6775_008.jpg)
> *Legal Function: Summons*

We command you to summon Henry Chouteau
that he 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 Saint Louis on the second monday
of July next then and there to answer unto Sally a girl
of color of a plea of trespass to the damage of the said
plaintiff of five hundred dollars and have you then
there this writ.

*Witness Archibald Gamble clerk of our
said circuit court at office this twenty
sixth day of June in the year of our
Lord one thousand eight hundred
and thirty five Archibald Gamble Clerk*
> *Legal Function: Caption*

No 101 Saint Louis Circuit Court
July Term 1835
Sally
v Narr.
Henry Chouteau
Suit for Freedom
Damages
$ 500.00
The Clerk will issue summons
on the within declaration.

*Primm & Drake
Attys for Pltff Filed 26th June 1835 Archibald Gamble Clerk*
> *Legal Function: Certificate of Execution*

Executed this writ by offering to Read it and
the declaration and petition and also the order
made by the honorable Judge to Henry
Chouteau and his Refusing to hear
Same and acknowledging the service [illegible] thereof in the county of St Louis on the 26th
day of June 1835 James Brotherton Shff [illegible]
Service $ 1.00

*By M Brotherton D Shff*

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**Page 9** (6775_009.jpg)
> *Legal Function: Defendant's Plea of Not Guilty*

Sally [illegible]
vs
Henry Chouteau
July Term AD 1835
And the said deft by his attorney
comes & defends the force & injury when [illegible] &c &[?]
says that he is not guilty of the said such
[illegible] trespasses above laid to his charge, in
manner & form as the said plaintiff hath
above thereof complained against him & of
this he puts himself upon the county [illegible] &c
Beverly Allen
Atty for deft
And the plaintiff doth the like.

*filed July 16 1835 Primm & Drake
Attys for plff*

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**Page 10** (6775_010.jpg)
> *Legal Function: Caption*

No 107
July Term 1835
Sally vs
Henry Chouteau
plea [illegible] gen: [illegible] ipsa

*filed July 16 1835 A Gamble
clk*
Judgment for plff book 9-p 223 bill of exceptions filed [illegible] fee book 222

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**Page 11** (6775_011.jpg)
> *Legal Function: Subpoena of Louis Brazeau, Hypolite Papin, and Wilson Primm*

County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting
You are hereby commanded to summon
Louis Brazeau Hypolete Papin Wilson Primm
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the first of April next
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 Sally , (a person of Color) is -
\- plaintiff and Henry Chouteau is
\- defendant on the part of the
plaintiff and have you then and there this writ.

*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis this ninth day of March
in the year of our Lord one thousand eight hundred and thirty six,
Jn. Ruland Clerk, C. C.*

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**Page 12** (6775_012.jpg)
> *Legal Function: Certificate of Service*

Served this writ by reading it to the within
named persons on the 12th day of March 1836
in the county of St Louis J Brotherton Shff
Service 1.50

*by G Hammond Depty*
March Term 1836
Sally (Person of color)
vs
Henry Chouteau ,

*For Plff Louis Brazeau
Hypolete Papin
Wilson Primm 1st Apl[?] 36.*

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**Page 13** (6775_013.jpg)
> *Legal Function: Subpoena of Louis Brazeau, Hypolite Papin, and Wilson Primm*

County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon
Louis Brazeau, Hypolite Papin & Wilson Primm
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 20th day of July next,
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 Sally (a person of Color) is plaintiff and
Henry Chouteau,
is defendant on the part of the
Plaintiff and have you then and there this writ.

*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 29th day of June
in the year of our Lord one thousand eight hundred and thirty six. Jn. Ruland Clerk, C. C.*

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**Page 14** (6775_014.jpg)
> *Legal Function: Caption*

July Term 1836
Sally (person of color)
vs
Henry Chouteau
[illegible]

*Louis Brazeau
Hypolite Papin &
Wilson Primm. 20th July*
> *Legal Function: Certificate of Execution*

Executed this writ by reading it to
Louis Brazeau , Hypolite Papin & Wilson
Primm on the 1st day of July 1836 in the
County of St Louis
Service \$2.00./

*James Brotherton Sheriff
by Louis [illegible] Dubreuil
Depty Sheriff*

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**Page 15** (6775_015.jpg)
> *Legal Function: Subpoena of Louis Brazeau, Hypolite Papin, and Wilson Primm*

County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby commanded to summon
Louis Brazeau , Hypolite Papin &
Wilson
Primm,
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 23rd March Next
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 Sally (a person of Color)
is plaintiff and Henry Chouteau
is defendant on the part of Plff
and have you then and there this writ.

*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 9th day of Feby
in the year of our Lord one thousand eight hundred and thirty-seven Jn. Ruland Clerk, C. C.*

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**Page 16** (6775_016.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ By reading it to
the within named witnesses 23rd
February 1837 in the County of St Louis
Service $ 1.50

*James Brotherton Sheriff
By J Gordon Depty Shff*
Cut
March T. 1837.
Sally (a person of color)
vs
Henry Chouteau

*Plff Louis Brazeau
Hypolite Papin &
Wilson Primm 23 March*

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**Page 17** (6775_017.jpg)
> *Legal Function: Subpoena of Pascal L. Cerre*

County of St. Louis , sct.
State of Missouri , To the Sheriff of St. Louis County—Greeting.
You are hereby command to summon Pascal L Cerre
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 forthwith
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 Sally is
plaintiff and Henry Chouteau is
defendant on the part of pltff
and have you then and there this writ.

*Witness, John Ruland , Clerk of our said Circuit Court , at the
City of St. Louis , this 24th day of March
in the year of our Lord one thousand, eight hundred and thirty seven. John Ruland Clerk, C. C.*

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**Page 18** (6775_018.jpg)
> *Legal Function: Caption*

March Term 1837
Sally
vs
Henry Chouteau

*for Pltff Pascal L Cerre
forthwith*
> *Legal Function: Certificate of Execution*

Executed this writ by reading it to
Pascal L Cerre in the County of St Louis
March 24th 1837 James Brotherton Sheriff

*By J Gordon D Shff Service $ .50*

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**Page 19** (6775_019.jpg)
> *Legal Function: Defendant's Bill of Exceptions*

Sally
vs Chouteau
Be it remembered that on the trial of this
cause by the court, neither part requiring a jury, it was found
\- that Joseph Brazeau departed this life on the 22nd day of
November in the year 1826 at St Louis in the Territory of Missouri
having previously made his last will, that subsequent
to his death, to wit, on the 26th of June [illegible]
by said will was duly bound, that the said his taken
by said will bequeathed a female slave named
Marianne
to his widow Therese Delisle for & during her
life & after her death to Marie Brazeau his niece, that
the said
Marie Brazeau niece & Jean B . Duchouquette
intermarried on the 3d July in year 1798 at
in the then province of Louisiana that a marriage contract
was executed between the said Jean B . Duchouquette
Marie Brazeau his wife previous to their intermarriage
, to wit, on the 2d July in year 1798 at
St Louis [illegible] aforesaid that in said contract it was
provided that the said Jean B . Duchouquette &[?]
Marie Brazeau have promised to take one another
in the name &[?] law of marriage &; to have the same
made & [illegible] [illegible] right soon here after to marry her or
as soon as one of the parties [illegible] shall require it of the
other, the said future husband & wife to be committed
[illegible] & common in all estate real or personal & acquisitions
according to their [illegible] &[?] without power to change
any thing from this disposition the said future
husband & wife take each other with all their rights-
& estates each as have come & fallen to them or may
fall to them from the succession of their father
& mother to whatever sum they may amount, of whatever nature they may be &[?] whatever place
situated even from this present time with there
which they may have of their own within by [illegible] donation

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**Page 20** (6775_020.jpg)
or otherwise; it shall & may be lawful to the said
[illegible] Miss the future wife & to the children which may
issue from the said marriage a [illegible] the
present community to retake freely clearly &[?]
by all & whatever she may have bought or what
may have happened & befallen to her during said marriage
either by inheritance life bequest or otherwise - that
the said Marie wife of the said Jean B . Duchouquette
departed this life on the 8th July in year 1818 at St .
Louis in the Territory of Missouri &[?] the said Jean B .
Duchouquette on the 23d March in year 1833, at same
place & the said Therese Delisle widow of Joseph Brazeau
departed this life on 3d day of February in year
1834 at same place, that on the 14th February in
the year 1817 St Louis aforesaid the said Therese Delisle
[illegible] widow of Joseph Brazeau & the said Jean B .
Duchouquette & Marie his wife executed under
their hands, & each & without other formality other
than acknowledgment of same before clerk
of circuit court of county of St [illegible] Louis in said territory
an agreement in writing, whereby for certain
good causes & considerations they the said Duchouquette
& wife promise [illegible] oblige & engage themselves
that at the decease of the said Therese Delisle widow
of said
Joseph Brazeau they will acknowledge declare
& cause to be free & give [illegible] an act of freedom to the
said mulatto woman Marianne & the children
she may have so that they may enjoy of their
freedom, that the plaintiff is a child of the said Marianne
& was born on the tenth day of July in the year 1823, at St Louis aforesaid. that the defendant
claims the plaintiff by purchase for a good & considerable
consideration from the heirs of said Jean B . Duchouquette
& Marie his wife made on the 30th day of
July - in the year 1834 - & now holds her in possession

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**Page 21** (6775_021.jpg)
under such purchase at the time of the commencement
of this suit & now holds her under same
title. Upon which evidence, no other being given the
Court decided on motion of plaintiff that the plaintiff was entitled to recover her freedom to
which decision the deft by his counsel excepts & prays that
the same may be [illegible] signed & [illegible] sealed & made a part of the
record which is done accordingly.

*[illegible] [illegible] [illegible] Seal*

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**Page 22** (6775_022.jpg)
> *Legal Function: Certificate of Filing*

Sally
vs
Chouteau
[illegible]
Bill of Exceptions

*Filed 10th April 1837 John Ruland Clerk*

Item sets: All Circuit Court Records; Freedom Suits Case Files, 1814-1860; Circuit Court Cases

Sally V. Henry Chouteau. 1835, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60818