Coleman Duncan vs. Jonathan Duncan
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St. Louis Circuit CourtCircuit Court
March Term 1832

Colman DuncanColman Duncan and
of S. Thomas
Jonathan DuncanJonathan Duncan

And as to the plea of the said
defendant first above pleaded said plaintiff saith that he
aught not for any thing therein contained to the from
having and maintaining his aforeaid action thereof
against him because he says, that said writing obligatory
in said declaration mentioned was obtained fairly and
honestly by him said plaintiff from said defendant &
not by him said plaintiff and others in collusion with
him by fraud misrepresentation and inmanner
andform as the said defendant hath in said plea
alleged and this heprays may be inquired of by the country &c.

And as to the plea of said defendant secondly
above pleadedsaid plaintiff says that he ought not thereby
tobe barred from having &maintaininghis said action
against him because he says that the said GilbertGilbert had
always claimed & had always him actually held in bondage
as a slave until at land aftersaidsale: and that at the date of the sale of
him mentioned in said plea, he said plaintiff then claiming
& having possesion of said GilbertGilbert as a slave, and said
GilbertGilbert then claiming his freedom, the said defendant proposed
topurchase from said plaintiff his controverted right
& interest in said GilbertGilbert : Whereupon said plaintiff did as he
had lawfully a right to do, sell such right and interest as
he had in said GilbertGilbert to said defendant, for the
of the making saiddue declaration; and this he is
ready to verify: wherefore hepraysjudgement & his damages

Andon to the plea of said defendant thereby above
pleaded said plaintiff says that said due declaration was
made & executed in consideration of the sale by him
said plaintiff to said defendant of GilbertGilbert a black man
such right and interest as he said plaintiff in said