Lemman Dutton, a girl of color, by and through her next friend, Grace Dutton v. John Paca
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Josias Wm. Dallam
to
Sundry Slaves

A Manumition
MarylandMaryland Ss

To all whom
these presents shall come greeting J. Josias
Wm Dallam of Harford County in the State of MarylandMaryland for Diver
good causes and considerations me thereunto moveing do hereby
Declare free manumit and enfranchise the negros following to
wit Cromwell. to be free at the expiration of [ To ] years: Malborough
at the expiration of four years, Orange at the Expiration of five
years Lemon at the Expiration of Eleven years HannahHannah at the
Expiration of Thirteen years Nance at the Expiration of Fifteen
years Sook at the Expiration of Seventeen years from the Date of
this my [ mannumission ]. all the Children or [ Childrans ] Children
on that my Desend from said Negroes and be born in Slavery from
the Date hereof Shall be free at Twenty three years of age hereby
acknowledgeing the said Negros Discharged from all claim of
service and Right of Property whatever from me my heirs Execu-
tors administrators at the Periods above specified as witness hand and seal this thirteenth day of March in the year of our Lord one thousand seven hundred and eighty seven

Test John Archer

Josias Wm Dallam seal

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Harford County Ss

On the sixteenth day of March in the year of our Lord 1787 personally appeared before me the subscriber
one of the Justices of the peace for the County aforesaid Josias Wm
Dallam Party to the within Instrument of writing who acknowl
edged the said instrument to be his act and deed and the signature
and seal thereto annexed to be Respectively his

John Archer

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Received to be recorded the 10th Day of April 1787. Same day Recorded
and examined by

John Lee Gibson Clk

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State of MarylandMaryland
Harford County

I hereby certify that the within and foregoing is truly
Transcribed from Liber S. L G. NHfolio 77&c one of
the Land Record books of Harford County CourtCircuit Court

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In Testimony whereof I have hereto set my
hand and affixed the Seal of Harford CountyCircuit Court
CourtCircuit Court this eleventh day of September Eighteen hundred and twenty nine

HenryHenry DorseyDorsey Clk

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MarylandMaryland
Harford County

I Stevenson ArcherArcher Chief
Judge of the Sixth Judicial District of
MarylandMaryland composed of BaltimoreBaltimore & Harford Counties hereby Certify that the
aforegoing attestation of HenryHenry DorseyDorsey
Clerk of Harford County CourtCircuit Court is in
due form & by the proper officer

BaltimoreBaltimoreSept. 16th 1829

Stevenon ArcherArcher

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MarylandMaryland
Harford County Sct

I hereby Certify that StevensonArcherArcher gentleman
who has signed the within and foregoing certificate
was at the time of So doing Presiding Judge of
the Sixth Judicial District of MarylandMaryland Composed
of BaltimoreBaltimore and Hartford Counties duly commissioned
and sworn

In Testimoney whereof I have
hereto Set my hand and affixed
the seal of HarfordCounty CourtCircuit Court
this twenty third day of September eighteen hundred and twenty nine

HenryHenry DorseyDorsey Clk

HarfordCounty CourtCircuit Court
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Cost $ 0.53 3/4

Conelius Flim

5.53

3.00

1.00

87

10.40

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To the Honorable the Judge of the Circuit Court of the
County of St LouisCounty of St Louis

The petition of Lemman DuttonLemman Dutton a free girl of
color by GraceDuttonDutton her mother and next friend respectfully represents that her grandmother
HannahHannah was a slave owned by one Josias Wil-
liam DallamDallam in the state of MarylandMaryland and
that the said DallamDallam while he so owned the said
HannahHannah as a slave on the thirteenth day of March in the year one thousand seven hundred and eighty seven executed a deed of manumis-
sion by which he emancipated the said HannahHannah
at the expiration of thirteen years from the date of
said deed with the provision in said deed that
all the children or childrens children that might
deseend from said HannahHannah and he born in slavery
after the date of said deed should be free at twenty
three years of age. Your petitioner represents that
her mother named Grace was the daughter of
the said HannahHannah and was born about the year
seventeen hundred and ninety two and that your
petitioner was born about the month of June in the year eighteen hundred and sixteen and after her mother the said Grace
had passed the age of twenty three years. your
petitioner further states that the said Grace is now
in the enjoyment of her liberty but that your petition-
er is held as a slave by John PacaJohn Paca within
the county of St LouisSt Louis who claims your petitioner
as his property having obtained your petitioner
as the property of his wife who is the daughter of
the said Jusias WilliamWilliam DallamDallam . wherefore your
petitioner prays that she may he permitted to sue
as a poor person to recover her freedom and that
counsel be assigned her according to law and

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your petitioner as is Duty bound &c.

Teste

A. R. Gamble

Grace her mark Dutten

next friend
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State of MissouriMissouri
County of St LouisCounty of St Louis

This day personally appeared
before the undersigned a justice of the peace of St LouisSt Louis
county Grace DuttonDutton who being by me duly sworn
upon her oath says that the facts stated in the fore-
giving petition she belives to be true

Sworn to & subscribed
before me this 2d day of July 1834

Grace her mark DuttonDutton

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D HoughD Hough Justice of the peace
County St LouisCounty St Louis

On the foregoing petition it is ordered that LemmanLemman Dutton
DuttonLemman Dutton the petitioner be permitted to sue as a poor
person to establish her freedom and that H R Gam-
ble be assigned as petitioners counsel. It is also
ordered that the petitioner have reasonable
liberty of attending her counsel and the court
when occasion may require and that she be
not removed out of the jurisdiction of the Circuit
court of St LouisSt Louis county nor be subject to any
severity because of her application for freedom

L. EL E Lawless . LawlessL E Lawless

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In the Circuit CourtCircuit Court
July Term 1834

Saint LouisSt Louis Country Court

LemmanLemman Dutton DuttonLemman Dutton a free woman of
colour by H R GambleH R Gamble counsel assigned to her com
plains of John PacaJohn Paca of a plea of Trespass
For That the said defendant heretoforeto wit
on the first day of June in the year enghteen hundred and thirty fourwith force and arms at the
County aforesaid an assault did make in and
upon the said plaintiff and her the said plaintiff
then and there did beat bruise and ill treat
and did then and there imprison the said
plaintiff and hath ever since kept and detain
-ed the said plaintiff in prison and in slavery
and still holds the said plaintiff in slavery
she the said plaintiff at the time of committing
the said grievances and from thencehitherto and now being a free person to wit at the County aforesaid
and other wrongs to the said plaintiff then
and there did to the great damage of the
said plaintiff and against the peace and dignity of the state and the said plaintiff saith she hath sustained damage to the amount of five hundrend dollars & therefore shesues &c

H R GambleH R Gamble
Atty forplff

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County of Saint LouisCounty of Saint LouisSs
The State of MissouriMissouri

To the Sheriff of the County of Saint LouisCounty of Saint Louis greeting

We command you to summon John PacaJohn Paca that he be and appear before the Judge of our circuit
court at the next term there of to be held at the city of St LouisSt Louis within and for the county of Saint LouisSt Louis on
the fourth monday of July instant this and there to answer unto Lemman DuttonLemman Dutton a free woman of color
of a plea of trespass said plaintiff saith she hath sustained damage to the amount of five hundred
dollars and have you then there this

[missing figure]
WitnessArchibald GambleArchibald Gamble clerk of our said circuit court at office this Twelfth day of July in the year of our Lord one thousand Eight Hundred and thirty four

Archibald GambleArchibald Gamble Clerk

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On the foregoing petitioned it is ordered that LemmanLemman Dutton DuttonLemman Dutton the petitioner be permitted to sue as a poor person
to establish her freedom and that H R GambleH R Gamble be assigned as petitioners counsel. It is also ordered that
the petitioner have reasonable liberty of attending her counsel and the court when occasion may require and
that she be not removed out of the jurisdiction of the Circuit CourtCircuit Court of St Louis County nor be subject to any
severity because of her application for freedom â

L. E. LawlessL E Lawless

The above is acopy of the order of the Judge endorsed on the petition

AArchibald Gamble GambleArchibald Gamble Clerk

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Executed this writ on Joshua Paca on the
12th July 1834 by offering to read to
[ to ] him the writ and declaration in the
city of St LouisSt Louis which he refused to hear
and I did at the same time make
him acquainted with the contents
of the order of the Judge of the CircuitCircuit Court
CourtCircuit Court permitting the plaintiff to sue

John K. WalkerJohn K Walker
Shff

Service $1.00
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No 116

Saint Louis Circuit CourtCircuit Court
July Term 1834

Lemman DuttonLemman Dutton
vs
JohnJohn Paca PacaJohn Paca

Narr

This is an action of
Assault & Battery &
false imprisonment
to recover freedom

Let asummonsissue

H. R. Gamble

Filed 12th July 1834

Archibald GambleArchibald Gamble Clerk

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LemmanLemman Dutton DuttonLemman Dutton
vs
John PacaJohn Paca

And the said John PacaJohn Paca the
defendant, by E. BatesEdward Bates his attorney, comes & defends the
force & injury when &c and says that he is not guilty of the
wrongs & trespassesabove laid to his charge, in manner
& form as the said Lemman has above in her
declaration alleged, and of this he puts himself upon
the Country.

Edw. Bates

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And for a further plea in this behalf the said
defendant says that the said Lemman ought
not to have & maintain her action aforesaid against
him, because he says that at the said time when
&c, the said Lemman was a slave, without
that she Lemman was at the said time a
free person, in mannerand form as the said
Lemman has above in her declaration
supposed, and of this he puts himself upon the
county

EdwEdward Bates . BatesEdward Bates

filed July 30th 1834

A G Clk

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No 116

July Term 1834

Lemman DuttonLemman Dutton
vs
John PacaJohn Paca

Pleas - 1. not guilty
2d. pltff a slave.

filed July 30th 1834

A GambleArchibald Gamble Clk

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Judgment for plff - Book 8 page 41

Bill of exceptions - 48

Dismissed book 9 - page 52

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Lemman Sutton
vs.
John PacaJohn Paca

March term AD 1836

Be it remembered that on the trial of this
cause, the same being submitted for trial to the court, nei-
ther party requiring a jury; the plaintiff read in evidence
the following acts of the legislature of MarylandMaryland, to writ,
"An act to on called slaves
being set free on the manumission of slaves by any
last will or testament" made at a of
began that at the City ofCity of Annapolis AnnapolisCity of Annapolis the 3d June 1752
"An act to continue the act of therein
mentioned "made at a of began the
at the City - of Annapolis to the 6th November 1786, which
act of the legislature of MarylandMaryland so read in evidence
are not herein set forth, it being by the
of bothparties herto that the law may be read the
same advantage had at given to the in the
Supreme CourtSupreme Court on as if they come in corpo-
rated in this bill - the plff: the to read
in evidence with its authentication there on endor-
sed, writing purporting to be an authenti-
cated copy from one of the land record books of Har-
ford County in the state of MarylandMaryland, which paper
writing fits - authentication are in the words of figures
following (here insert same) to the reading of which
the Deft by his council objected but the Court over-
ruled the objection & permitted the same to be read,
to which the defts by him counsel excepts.

The plff: then read in evidence said paper con-
tring fits - authentication & that HannahHannah
one of the named in said paper writing was
the mother of Grace who is the mother of the plff.
fits was admitted that HannahHannah at the time ap-
pointed for her liberation is said paper writing
has fifty - years of age & capable of main-
taining herself - that Grace was born in the year
1792 & the : her child was born after grace had
papers the age of twenty three years and that the defendant held the plaintiff in slavery at the commencement of this suit. There being no
other evidence on either side, the deft upon the fore-

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going testimony moved the Court to decide that
upon the case made the plff: was not entitled
to freedom but the court refused so to decide &
decided that upon the case made the plff: was
entitled to freedom, to which decision the Deft. by
his councel excepts - prays the court to sign &
seal these his exceptions, which is done accordingly

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L E LawlessL E Lawless

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Lemman Sutton
vsJohn PacaJohn Paca

Bill of Exceptions

Filed April 8th 1836

John RulandJohn Ruland - Clerk

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AndrewAndrew DuttonDutton
vs
John PacaJohn Paca
AbrahamAbraham Dutton DuttonAbraham Dutton
vs
John PacaJohn Paca
LeammanDuttonDutton
vs
John PacaJohn Paca

Suits for freedom

There three cases having been decided
in favor of the plaintiffs and bills of exceptions taken
in them all, showing that they depend on the same
facts & principles, it is agreed by the parties that
one of the cases shall he taken up to the SupremeSupreme Court
CourtSupreme Court , & the other two abide the judgement
of the Supreme CourtSupreme Court , in the case to be taken
up, and judgments entered in this court
accordingly

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Dutton's
vs
Paca

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State of MissouriMissouri sct.
Supreme CourtSupreme Court , 3d Jud. District. June Term 1836.

Tuesday July 5th. 1836.

Court met pursuant to adjournment. present all the Judges.

Lemman DuttonLemman Dutton
vs.
John PacaJohn Paca

Error to St Louis Circuit CourtCircuit Court .

Now at this day come again the parties aforesaid by their attornies
and the Court here being now sufficiently advised of and concerning the premises, do
consider that the judgment aforesaid in form aforesaid by the said Circuit CourtCircuit Court rendered
be reversed and for nought held and esteemed and it is further considered that the said
cause be remanded to the said Circuit CourtCircuit Court for further proceedings therein in con-
formity with the opinion of this Court herein delivered, and that the said defendant in error
recover of the said Lemman DuttonLemman Dutton , the plaintiff in error, his costs and charges by him
about his defence against said writ of Error in this behalf expended and that he
have thereof execution. / So much of this entry as adjudges costs against the defendant
in error is rescinded. M. McGirk president of the Court

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Paca
vs.
DuttonDutton

Opinion delivered by McGirkMcGirk Justice

DuttonDutton the plaintiff is a woman of color suing for freedom it appears that in the 1752
the colonial legislature of MarylandMaryland passed an act authorising persons owning negro
slaves of a certain description to set them free under certain restrictions that on or about
the year 1787 one Josias owned and possessed the grandmother of the
defendant in error as a slave and that said DallamDallam did by a deed under his hand
and seal attested by one witness and duly recorded emancipate said grandmother
to take effect in future and that by said deed the mother of the defendant in error
also became free according to the terms of said deed and the defendant in error also
claims by said deed to be free the defendant in error had a judgment of freedom
in the Circuit CourtCircuit Court and the plaintiff has brought the cause up by Writ of Error.

On the trial the plaintiff in that Court offered in evidence a certified copy of the
deed of emancipation which was objected to by the dependant. the Act of the MarylandMaryland
legislature provides that the deed of emancipation shall be recorded in the office of the
clerk of the County CourtCircuit Court where the deed is made and that a copy of the Registry shall be
evidence of the fact of Emancipation. the first objection made to receiving this copy is
that it is not the best evidence the nature of the case admits of and that the original
alone in this case will suffice the defendant in error replies to this the 1st Sec. of the

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4th art of the Constitution which says that full faith and credit shall be given in
each State of the public acts records and judicial proceedings of every other State
and the congress may by general laws prescribe the manner in which such records
and proceedings shall be proved and the effect thereof and also the Act of Congress
of the 27th March 1804 Ingersols digest 76 and 77 which declares that "from and
after the passage of all records and exemplifications of office books which are or may
be kept in any public office of any state not appertaining to a Court shall be proved
or admitted in any other Court &c on being authenticated in a certain way. The Act
after some other regulations as to the authentication proceeds to declare that the
said records and exemplifications authenticated as aforesaid shall have such faith
and credit given to them in every Court and office within the United StatesUnited States as they
have by law or usage in the Courts or offices of the State from whence the same are
or shall be taken" it appears to us there is according to this Act of CongressCongress no
room for dispute the MarylandMaryland Act expressly declares that the copy shall be evi-
dence of the fact of Manumission the copy must have the same effect here if it
be duly authenticated. Let us now proceed to enquire whether the copy is so authen-
ticated that it can be received in evidence. there is no objection made to the first
certificate of the Clerk by which he testifies that the paper is a perfect copy. the Clerk
certifies as the Clerk of Hartford County CourtCircuit Court of MarylandMaryland the Judge then certifies
as follows, to wit. MarylandMaryland Hartford County Sct. I Stephen Archer Chief Judge of
the sixth Judicial district of MarylandMaryland composed of Balimore and Hartford Counties
hereby certify that the foregoing attestation of HenryHenry DorseyDorsey Clerk of Hartford CountyCircuit Court
CourtCircuit Court is in due form and by the proper officer. then HenryHenry DorseyDorsey certifies as follows
I certify that Steven ArcherArcher who has signed the within and foregoing certificate
was at the time of so doing presiding Judge of the sixth Judicial District of
MarylandMaryland composed of BaltimoreBaltimore and Hartford counties duly commissioned
and Sworn it is objected by the Counsel for Paca that these certificates do not
pursue the act of congress it is argued by Mr AllenAllen for the plaintiff in error that the
certificate of the Judge should in itself contain an afffirmation that the Judge
was presiding judge of the County CourtCircuit Court of Hartford County and that the certificate
of the Clerk as to the official character of the judge should affirm that the judge is presiding
Judge of Hartford County CourtCircuit Court . it is our opinion that it should appear by the certificate of the
clerk when he comes to certify as to the official character of the Judge that the judge is pre-
siding Judge or Justice of the Court of which he is Clerk this has not been done but the

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Certificate affirms that ArcherArcher is presiding Judge of the district composed of BaltimoreBaltimore
and Hartford Counties without saying he is presiding Judge of any Court whatever. the Act
says the certificate of the Clerk or keeper of the Record shall be accompanied with a certificate
of the Clerk if the certificate as to the Clerk be given by a presiding Justice of a Court with a cer-
tificate of the Clerk that he shall certify that the presiding Justice is duly commissioned and
qualified by these papers and by the emancipation act of MarylandMaryland it appears the registry
the copy offered is an exemplification of right should be kept and made by a Clerk of a
Court and that was the Clerk of the County CourtCircuit Court of Hartford what the presiding Judge of the
district composed of BaltimoreBaltimore and Hartford counties had to do with the County CourtCircuit Court of
Hartford we cannot easily see if by virtue of Judge ArcherArcher being presiding Judge of the
district he is presiding Judge or rather Justice of the County CourtCircuit Court of Hartford the style of his certificate should have so declared.

Another objection taken to the final certificate of the Clerk is that it says the Judge
was duly commissioned and sworn and the Act of congress says the certificate shall say
duly commissioned and qualified it is best to pursue the very words of the Act we are not
entirely certain that congress meant by the word qualified no more than that which is com
prehended by the word sworn.

The admission of the copy as evidence was erroneous and for that the Judgment
is reversed. but the Counsel on both sides have expressed a desire to have the opinion of
this Court on the effect of the Deed of Emancipation of DallamDallam to the Ancestor of the petitioner
for freedom. We will as the case is property before us proceed to do so.

That part of the Act to be considered declares that when any person shall be possessed
of a slave or slaves who are or shall be of a healthy constitution sound in mind and body
capable by labor to procure to himself sufficient food and raiment with other requisite
necessaries of life and not exceeding fifty years of age such owner being willing and desirous
to set free or manumit such slave or slaves may by writing under his hand and seal
evidenced by two good and sufficient witnesses at least grant such slave or slaves his or her
freedom and that any deed or writing whereby freedom shall be given or granted to any
such slave which shall be intended to take place in future shall be good to all intents
constitutions and purposes whatever from the time that such freedom or manumission is
intended to commence by the said deed or writing so that such deed and writing be not in
prejudice of creditors and that such slave at the time of such freedom or manumission
shall take place or commence be not above the age aforesaid and be able to work and
gain a sufficient livelihood and maintenance according to the true intent and meaning
of this Act which Instrument of writing shall be acknowledged before oen Justice of the

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peace of the County where the person or persons granting such freedom resides which Jus-
tice shall indorse on the back of such Instrument the time of the acknowledgment of the
party making the same which he or they or the party concerned shall cause to be entered
among the Records of the County CourtCircuit Court where the persons or persons granting such free-
dom shall reside within six months after the date of such Instrument "the Act then provides
for making a copy and declares the same to be evidence of the fact of freedom. It appears
that the deed in question under which the party claims freedom by reason of her descent
from her grandmother who was freed by the deed was only attested by one witness Paca's
counsel contend that the deed must be attested by two witnesses the Counsel for the petitioner
contend that the Statute provides a mode of manumission for two classes of persons the first
part provides for manumitting those whose freedom is to commence immediately and in
that case requires a deed sealed and attested by two witnesses and that when this is done
and the deed delivered to the slave he is free and that as to those whose freedom is to
commence in future the law seems neither to require a deed nor witnesses but requires a wri-
ting or deed which is to be acknowledged in solemn form before a Justice of the peace
and to be recorded &c. We are of opinion the petitioner's Counsel are right in their view of the
act if all that part of the Statute which procedes the words "and that" were Stricken out yet the
balance of the Statute would be perfectly intelligible and no word would or need be lost or
expunged to make the meaning clear and complete: the Statute would then read that when
any person owns a slave and is desirous to set him free the freedom to commence in future
the same can be done by a deed or Instrument in writing but the Instrument must be acknow-
ledged before a Justice of the peace of the County and must be recorded provided the slave at
the time his freedom is to commence is not over 50 years of age and is capable by labour to
support himself &c. Now all this can clearly be well made out without any reference
whatever to that part of the Act which requires a deed under seal to be attested by two
witnesses. So on the other hand all before the the words and that may be completely cut
of from the balance and both the sense and object of that part will be complete and then
the case will be made out as to the mode of Emancipation in presenti. So for then as regard
the petitioner's right depending on the MarylandMaryland statute our opinions is for the petitioner.
But for the errors aforesaid the Judgment is reversed and the cause remanded for a
new trial.

M. McGirk

George Tompkins

R. WashR Wash .

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State of MissouriMissouri. Sct.

I, John RulandJohn Ruland , Clerk of the Supreme CourtSupreme Court for the third Judicial District of the State ofMissouri

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MissouriMissouri do hereby certify the above and foregoing to be a true transcript of the Judgment rendered
and of the opinion delivered by the Supreme CourtSupreme Court at the June Term thereof in the year of Our Lord one thousand eight hundred and thirty six, in the Case PacavsDuttonDutton , as the same now remains in my office.

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In testimony whereof I have hereunto set my hand and affixed the Seal of
said Court at office in the City of St LouisCity of St Louis in the County of Saint LouisCounty of Saint Louis, District
and State aforesaid, this fifteenth day of August in the year of Our Lord one thousand eight hundred and thirty six.

John RulandJohn Ruland Clerk

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Supreme CourtSupreme Court 3d Judi. District
June term 1836

DuttonDutton
vs
Paca

Judgment & opinion

Filed aug: 16th 1836

John RulandJohn Ruland Clerk