Jacob Segar

LAWSUIT---Michael Burtcher vs Jacob Segar

Missouri Territory } ____ ____ March term 1813
Ste.Genevive }

Michael Butcher by John Lott his attorney complains of Jacob Segar in a plea of covenant broken for that whereas the said Michael and the said Jacob on the thirtieth day of September in the year one thousand eight hundred and eight in the district or county of Ste. Genevive within the jurisdiction of this court made and entered into their certain covenant in writing sealed with the seals of them the said Michael and Jacob and now to the court here shown the day & ?date? wherein on the same day and year ______?________ ?whereby? it was covenated and agreed by and between said Michael and Jacob amongst other things or following to wit that the said Michael had leased to said Jacob a piece of land situate on the north fork of Gabouri and within two miles and one half of the town of Ste. Genevive on which there is a cabin which has been used for a ?site? house for the full term of five years on which said place the said Michael is to furnish and place the following stock to wit two brood mares,one horse,one pair of oxen,one cart,two milk cows,five head of sheep,and two breeding sows and a plow and also to remain from a ?little distance?and place near this another cabin for the use of said Segar and also to furnish said Segar on or before the month of November ?ensueing? the date of said covenant a still the said Butcher ?using? to himself the ____?stilling? in ?society?and said Segar at his option_ and the said Segar on his part covenanted and agreed to give the said Michael one full half of all the increase of the said ?flock or stock? of __________, cattle,hogs and sheep and to account for any part of the said stock that may be lost through his own negligence or fault,but not accountable for accidents and the like- ___________ the said Segar obliges himself duly the said lease of five years to clear and put under good fence of eight logs or rails high staked and reduced the quantity of eighteen acres of land- And the said Michael ?owns? that he hath well and truly preformed and hath all and singular the covenants and requirements on his part to be ?preformed? and hath_ yet the said Segar not ?upholding? his said covenants and agreements to be by him performed and hath failed to preform and _________ at same and the same hath broken in this to wit that the said Segar hath not given to said Michael the full half of all the of hieffer cattle,hogs and sheep as he was bound to do,but the same through his own negligence and fault hath lost and misplaced to wit he hath just ________ necessary one horse,one yoke of oxen ________ ________ two sows,four sheep- and all the increases of - all of which said Segar hath lost by his negligence and fault - and the said Segar hath not cleaned and put under fence of eight rails as _________ high- started(stated?) ___________ eighteen acres of land or any part thereof as he was bound to do- All of which said covenant ?given? to the said Segar ?attorney? after requested hath failed to preform and keep and hold taken the same as assigned wherefor the said Michael ?such? be in?(been?) _______ inquired and hath sustained damages to six hundred dollars ________ ___ ____ & J. Scott

There is a short piece below this that will have to be worked on as not is nearly unreadable. BUT!! the name of Sebastian Butcher is in this piece. At least it looks like Sebastian. fmb with the help of mmm

County of Sainte Genevive of the United States of America to the sheriff of the county aforesaid. Greetings.
Whereas Jacob Segar above Court of Common Pleas before our Judges hath recovered against Michael Butcher the sum of forty eight dollars damage and also for the sum of fifty one dollars and eighty six cents which to the said Jacob Segar ________ adjudged for his damages as well as by reason of claiming the said debt as for his costs in that ________ ________ As appears to us of record these are therefore to command your state of the goods and chattles land and tenaments of the said Michael Butcher you cause to be made the aforesaid damage and costs and that you have that and before the judges aforesaid court on the first Wed in July next to render to the said Jacob Segar the damages and costs aforesaid _________ per ?want? of sufficient goods and chattles land and tenaments wherefore buy and make the same command that you take Michael Butcher if he be found in your bailiwick and him safely keep so that you have his body before the same judges on the said first Monday of July to satisfy the said Jacob Segar of the aforesaid damages and costs and that you certify to our said judges how you execute this writ and how you then there this ?writ?
Teste Thomas Oliver clerk of out said court at Sainte Genevive this 2nd day of May AD 1814 and of our Independence the thirty Eighth.
Tho Oliver clk

(this is a two fold page,fmb)
County of Sainte Genevive} The United States of America to the County aforesaid, Greetings

We command you summons the within named Jacob Segar if he may be found within your bailiwick to appearbefore the Judges of our Court of Common Pleas at a court to be holden at the Town of Ste Genevive in and for the county afore said on the first Monday of March next then and there to answer the within named Michael Butcher on a plea of covenant broken and to his damage $200 or two? dollars and have you then there this writ.
Tho Oliver clerk of our said court at Ste Genevive
the sixth day of Nov AD 1813 and of our
Independance the thirty eight

(Center fold, fmb)

No 18
To March Term 1814
Michael Butcher
vs
Jacob Segar
} damages $6.00
Scott Atty
The plaintiff having filed _________ according to law the sheriff will therefore take bail in the sum of three hundred dollars.
Tho Oliver ?atty?
Not found
H.Dodge Shff
14 Feb 1814- filed at Ste Genevive ________ 181? T. Oliver

(other side fold, fmb)

County of Ste. Genevive personally appeard before the undersigned clerk of the court of common pleas in and for the county aforesaid Michael Butcher who ______ _________ says that there is a ________ ________ debt due from Jacob Segar to him the said Michael Butcher and that he verily __________ the said Jacob Segar aught to be held to bail in the sum of three hundred dollars to _________ the debt and costs in the other actions.
Michael Burtcher
(his signature, fmb)
Sworn to and submitted before ________ clerk on the 16 July 1814,
Tho Oliver clk

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