John F. DarleyJohn F Darley , Admr.
Circuit CourtCircuit Court
St. Louis County
April Term 1850
Defendant states that it is true plaintiff
is now and has been held in slavery by
defendant as stated in plaintiff's Petition.
But, defendant denies that said plaintiff
is now or has been at any time previous
hereto a free person. And defendant says
that said plaintiff is now and always
has been a slave, and as such he now
belongs to the Estate of MiltonMilton Duty decd.
of which Estate said Defendant says that
he is now and has been for more than
two years last past the Public Administrator And as Such Administrator defendant says that
said plaintiff is now and has been con
fined & restrained by him of his liberty. Defendant admits that plaintiff was for
merly the slave of MiltonMilton Duty decd. du
ring his lifetime and at his death he
became as he now is a slave belonging
to the Estate of said MiltonMilton .
Defendant admits that said MiltonMilton Duty
died in St. Louis County in the State ofMissouri
MissouriMissouri about the year 1838.
Defendant denies that before his death
said MiltonMilton Duty made his last will
in due form of law as alleged in
And defendant denies that by that
alleged WillWill or any other legal mode
negro slaves and among them the plaintiff.
Defendant denies that said plaintiff has
any right whatever to be informed whether
or not all the debts of said Estate have
been paid, or that an ample fund is
in the hands of the defendant to pay the
same. And therefore defendant de
clines to answer said allegation in the
Defendant denies that plain
tiff has a right to institute and prosecute
his said suit as a poor person; and
that said plaintiff has failed to com
ply with the provisions of the law En
titled, âAn Act to enable persons held
in slavery to sue for their freedomâ
he ought not to be permitted to prose
cute the same.
Therefore Defendant prays
that said petition be dismissed, or
that Judgement be rendered in his
in proper person
Thos. HarveyThomas Harvey , Attorney
for the heirs of M. Duty.