John F DarleyJohn F Darley , Admr. &c.
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 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 Ad
ministrator - And as such Administra
tor defendant says that said plaintiff
is now and has been confined & restrained
by him of his liberty - Defendant admits
that said plaintiff was formerly the slave
of said MiltonMilton Duty during his life time -
and at his death he became as he is
now a slave belonging to the estate of
Defendant admits that said MiltonMilton Duty
died in St. Louis County in the state
of 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 plaintiffs pe
any other legal mode the said Duty did
emancipate all his negroes slaves and
among them the plaintiff.
Defendant denies that siad 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 declines to answer said allega
tion in plaintiffs petition.
Defendant denies that plaintiff has a right
to institute and prosecute his said suit
as a poor person, and that as said
plaintiff has failed to comply with the
provisions of the law Entitled âAn Act
to enable person held in slavery to sue for their freedomâ he ought not to be
permitted further to prosecute the same.
Therefore Defendant prays that said pe
tition be dismissed, or that Judgement
be rendered in his favour.
John F. DarleyJohn F Darley
in proper person
Thos Harvey, Attorney
for the heirs of MiltonMilton Duty