John F. DarleyJohn F Darley , Admr. &
Circuit CourtCircuit Court
St. Louis County
April Term 1850
Defendant states that it is true that plaintiff
is now and has been held in slavery by
defendant as stated in plaintiffs petition.
But, defendant denies that plaintiff is
now or has been at any time previous here
to a free person. And defendant says
that said plaintiff is now & has always
been a slave for life and as such he
now belongs to the Estate of MiltonMilton
Duty decd. - of which Estate said Defendatn
says that he is now and has been for more
than two years last past the Public Ad
ministrator. And as such administrator
defendant says that said plaintiff is
now and has been confined & restrained by him of his liberty.
Defendant says that plaintiff was formerly
the slave of MiltonMilton Duty during his life
time 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 of MisMissouri
souri 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 plain
tiffs petition. And defendant denies
that by that alleged WillWill or by any other
pate all his 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 declines to an
swer said allegation in the plaintiffs
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
An âAct to enable persons held in
slavery to sue for their freedomâ -
he ought not to be permitted to pro
secute the same.
prays that said petition be dismissed
or that judgement be rendered in
John F. DarleyJohn F Darleyin proper person
Thos. HarveyThomas Harvey , Attorney
for the heirs of MiltonMilton Duty.