Jordan Duty vs. Johon F. Darly
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To the Honorable Alexander HamiltonAlexander Hamilton
Judge of the Circuit CourtCircuit Court of St. Louis
County.

Your petitioner JordanJordan Duty
respectfully represents to your Honor that
he is now held in slavery in the city and
county of St. LouisSt Louis and State of MissouriMissouri
of John F. DarlyJohn F Darly as administrator of the
estate of MiltonMilton Duty deceased; that said
MiltonMilton Duty died in the county and State
aforesaid in the year eighteen hundred and thirty eight; that before his death, the
said Duty made his last will and testament
of which, he the said Duty emancipated certain
of his slaves and among them, your peti
tioner, to whom he then belonged was also
emancipated by said will; that not withstand
ing said emancipation, your petitioner has been held in slavery up to the present time although the debts against said estate been fully paid
but is now in truth entitled to his freedom
that your petitioner is a poor person, wholly
without property and the means of maintaining
his suit.
Wherefore your petitioner prays
your Honor to make an order granting him
leave to sue as a poor person for his petit
ion; that he may have reasonable liberty to
attend his counsel and the court as occasion
may require; that he be not removed out
of the jurisdiction of the court, nor subjected
to any severity on account of his applica
tion for freedom.

JordanJordan his

X

mark Duty
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State of MissouriMissouri
County of St. LouisCounty of St Louis

ss.

JordanJordan Duty
being duly sworn
upon his oath says that the
facts set forth in the above and

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and foregoing petition are true

Sworn to and subscribed
before me this 31st day of October 1847. JordanJordan his

X

mark Duty

PeterPeter W. Johnston Justice
of the Peace

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State of MissouriMissouri
County of St. LouisCounty of St Louis

ss

Upon the hearing of
the above and foregoing
petition being of the opinion that the said
petition contains sufficient matter to
authorize the commencement of a suit,
It is hereby ordered that said petitioner JordanJordan
Duty have leave to sue for this petition as a poor person
that he be not removed out of the jurisdiction
that he have reasonable liberty to attend
the Court and his counsel as occasion
my require and that he be not subjected,
to any severity on account of this his
application for his freedom.

Nov. 15, 1849,

A. HamiltonAlexander Hamilton ,
Judge 8th Judicial Circuit Mo.

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JordanJordan Duty
vs
John F. DarlyJohn F Darly

Petition

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JordanJordan Duty plaintiff
against
John F. DarlyJohn F Darly defendant

In the CircuitCircuit Court
CourtCircuit Court of St Louis
County April Term 1850
County of St LouisCounty of St Louis

ss.

The plaintiff states that he is now and
has been for more than two years now last
past held in slavery by John F. DarlyJohn F Darly
administrator of the estate of the estate
of MiltonMilton Duty deceased in the city and
county of St. LouisSt Louis and State of MissouriMissouri
that he is now and has been during all
said time a free person; that he has
been confined and restrained of his
liberty by the defendant; that he was formerly
the slave of said MiltonMilton Duty deceased, that
said Duty died in the year eighteen hundred and thirty eight in the county of St. LouisSt Louis
aforesaid; that before his death, said Duty
being then and so continuing till his said
decease the owner of the plaintiff as his slave
made his last will in due form of law
a copy of which duly certified is is herewith
filed, the original not being in the possession or
under the control of the plaintiff; that by his
said will, said Duty emancipated and set free
all his slaves and among them the plaintiff
that all the debts of said estate have been
paid, or that an ample fund is now in the
hands of the defendant to pay the same.
Wherefore the plaintiff prays for judge
ment of libration against the defendant
and all others claiming under, by or thr
ough him or the said MiltonMilton Duty.

Field

&

Hall
Attys

for Plff.
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State of MissouriMissouri
County of St. LouisCounty of St Louis

ss.

Alexander P. FieldAlexander P Fields
being duly sworn
upon his oath says that he has investiga
ted the facts set forth in the above and
foregoing petition, and that the said
petition and the matters therein as
stated he believes to be true.

A P FieldAlexander P Fields


Sworn to and subscribed
before me this 15th day of November 1849.

M.S. CerreM S Cerre , Clerk

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JordanJordan Duty
vs
John F. DarlyJohn F Darly

Petition

Field

&

Hall
Attys

for Plff
Filed Nov 24th 1849

M S CerreM S Cerre Clk

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County of St. LouisCounty of St Louis, SS.

The State Of MissouriMissouri,

To the Sheriff of St. Louis County, Greeting:

We command you To summon John F. DarleyJohn F Darley Admr.
of the Estate of MiltonMilton Duty decd that he
be and appear
before the Judge of our Circuit CourtCircuit Court , on the first day of the
next term thereof, to be held in the City of St. LouisCity of St Louis,
within and for the County of St. LouisCounty of St Louis, on the third Mon
day of April next, then and there to answer unto
JordanJordan Duty of his petition hereto annexed.
And have you then there this Writ.

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Witness, Michael S. CerreMichael S Cerre , Clerk of said
Court, with the seal thereof hereto affixed, at
office, in the city of St. LouisSt Louis, this
24th day of November in the year of our Lord eighteen hundred and forty nine.

M S CerreM S Cerre

Clerk.
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal at St. LouisSt Louis, this day of 18
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April Term 1850 Mo for Scty for costs 20 p 82 Nov 5 1851 Resignation of John FJohn F Darly
DarlyJohn F Darly & app of ThomasThomas HarveyHarvey adr.Ent20. p. 117 Cont20. p. 341

The Clerk will please dismiss the Court
D C Shuttle Atty for Court

Dismissed Sept 1851

M.S.Cerr Clk

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No. 20

April Term 1850
St. Louis Circuit CourtCircuit Court

JordanJordan Duty
vs
John F DarleyJohn F Darley as Admr of the
Estate of MiltonMilton Duty decd

Summons

Pet: for freedom

Field

&

Hall Atto.

Issued Novr 24th 1849

M S CerreM S Cerre Clk

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State of MissouriMissouri SS
County of St. LouisCounty of St Louis

Upon the hearing of the above
and foregoing petition being of the opinion that the
said petition contains sufficient matters to authori
ze the commencement of a suit It is hereby ordered
that said petitioner JordanJordan Duty have leave
to sue for his freedom as a poor person that he
be not removed out of the Jurisdiction that he
have reasonable liberty to attend the Court
and his Counsel as occasion may require
and that he be not subjected to any severity on
account of this his application for his freedom.

A HamiltonAlexander Hamilton Judge 8 Judicial Circuit MO

a true Copy attest

M S CerreM S Cerre Clk

Jury $2
Writ 1
Copy 3
$3.30 due
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Executed this writ in the county of
St. LouisSt Louis on the 26th day of November 1849
by offering to read it to John F DarleyJohn F Darley Adminis
trator of the Estate of MiltonMilton Duty deceased
which he refused to hear, and by delivering
to said DarleyDarley a true copy of the Petition
hereto attached And further by reading
to said DarleyDarley the copy of the order made
in this case by the judge of St. Louis CircuitCircuit Court
CourtCircuit Court.

$2 fee

Louis T LaBeanme Shff
By IsaiahIsaiah C. BrownBrown
Depty

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April Term 1850 20p82 Nov. 2 1850 Resignation of
Darly & appt of ThomasThomas HarveyHarvey 20p117. Cntd 20p341

The clerk will please dismiss this suit
H. Tuttle Atty for
Dismissed Sept. 10th 1837
M S CerreM S Cerre Clk

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No.20

In the Circuit CourtCircuit Court
St. Louis County
Nov. Term, 1849.

JordanJordan Duty
Vs.
John F. DarleyJohn F Darley Admr.
of Milton Duty decd.

And now the said defendant moves the court
to amend the order heretofore
made in this case to the end that
said petitioner be required to give security satisfactorily
to the clerk of said Court
for all costs that may be adjudged
against him, or on failure thereof that
said petition be dismissed.

John F. DarleyJohn F Darley
Admn.
and
ThomasThomas HarveyHarvey
Agent for the heirs of
MiltonMilton Duty decd.

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No. 20.
JordanJordan Duty
Vs.
Jno F Darley, Admr.

Motion for security
for costs.

Filed 15th April 1850.

M.S. CerreM S Cerre Clk

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JordanJordan Duty, plaintiff
vs.
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 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
plaintiff' petition.

And defendant denies that by that
alleged WillWill or any other legal mode

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the said Duty did eamncipate 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 de
clines to answer said allegation in the
plaintiffs petition.

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
favour.

John F.Darley


in proper person

Thos. HarveyThomas Harvey , Attorney


for the heirs of M. Duty.
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ThomasThomas HarveyHarvey the agent & Attorney of
defendant makes oath and says that he
believes the above answer and the matters
therein, as stated, are true.

Sworn to & Subscribed

Thos. HarveyThomas Harvey

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This 17th april 1850

M. S. CerreM S Cerre Clk

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20.
JordanJordan Duty
vs.
Jon. F. Darley, Admr.

Answer

Filed April 18th 1850

M.S. CerreM S Cerre Clk.

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I hereby constitute D.C. Suttle my attorney
in a suit now pending in the St. Louis CircuitCircuit Court
CourtCircuit Court for my freedeom -
state of suit JordanJordan vs Estate of MiltonMilton
Duty decd & I direct said Suttle to dismiss
said suit.

St. LouisSt LouisSept. 9th 1857
Witness

AB Mcafee


Franville BlakeyBlakey


JordanJordan his

x

Mark
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JordanJordan of color
vs.
MiltonMilton Duty, Admn.

In St. Louis CircuitCircuit Court
CourtCircuit Court

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CarolineCaroline of color
vs.
Same

These suits may all
be dismissed
March 2 1852

D.C. Suttle Atty

for
Pltffs
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PrestonPreston
vs.
Same
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MaryMary
vs.
Same
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NellyNelly
vs.
Same
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EllenEllen
vs.
Same
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HarryHarry
vs.
Same

And one other name not remembered
vs. Same

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299.
JordanJordan of color et
al.
vs.
Milton Duty's Admn.

Dismissal
On Mar.8.

Filed Mch.8.1852

M S. CerreM S Cerre Clk