John F. DarleyJohn F Darley , Admr. Defendant.
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 has always been a
slave, and as such he now belongs to the
Estate of MiltonMilton Duty decd. of which Estate
defendant says that he is now and has been
for more than two years last past the Public
And as such defendant says
that said plaintiff is now and has been
confined & restrained by him of her liberty.
Defendant admits that plaintiff was formerly
the slave of MiltonMilton Duty decd. during his life
time and at his death she became as she
now is a slave belonging to the Estate of
the said MiltonMilton .
Defendant admits that MiltonMilton Duty died in
Saint LouisSt Louis County in the State of MissouriMissouri
about the year 1838.
Defendant denies that before his death said
MiltonMilton Duty made his last WillWill in due
form of law as alleged in plaintiffs petition.
And defendant denies that by that alleged
will or by using other legal mode the said
Duty did emancipate 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 am
ple fund is in the hands of the Defendant
to pay the same.
And, therefore, defendant de
clines to answer said allegation in plaintiffs
Defendant denies that plaintiff has a
right to institute and prosecute her 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 persons held
in slavery to sue for their freedomâ she
ought not to be permitted to prosecute the
Therefore Defendant prays that said petition
be dismissed, or that Judgement be ren
dered in his favour.
John F. DarleyJohn F Darley
in proper person.
Thos. HarveyThomas Harvey , Attorney
for the heirs of M. Duty.