Preston Duty v. John F. Darly
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To the Honorable Alexander HamiltonAlexander Hamilton
Judge of the Circuit CourtCircuit Court of St. Louis
County:

Your petitioner PrestonPreston Duty
respectfully represents that he is now
held in slavery in the city and county of
St. LouisSt Louis and State of MissouriMissouri by JohnJohn F Darly
F. DarlyJohn F Darly , as administrator of the estate
of MiltonMilton Duty deceased; that said Duty
died in the county and state aforesaid in the
year eighteen hundred and thirty
eight; that before his death, said Duty
made his last will and testament by
which, he the said Duty emancipated certain
of his slaves and among them your
petitioner to whom, he then belonged, was
also emancipated by said will; that not wi
thstanding said emancipation, your
petitioner has been held in slavery to the
present time although the debts against said estate have been fully paid but is now in fact entitl
ed to his freedom, that your petitioner
wholly without property and means to
maintain his suit. Wherefore your
petitioner prays your Honor to make
an order granting him leave to sue as
a poor person, for his freedom; that he
may have reasonable liberty to attend
his counsel and the court as [ occassion ]
may require; that he be not removed
out of the jurisdiction of the court nor
subjected to any severity on account
of this application for his freedom

PrestonPreston his

X

mark Duty

PrestonPreston Duty

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State of MissouriMissouri
County of St. LouisCounty of St Louis

ss.

being duly sworn upon
his oath says that the

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the facts set forth in the aboe and foreg
oing petition are true.

PrestonPreston

his X

Duty
mark
Sworn to and subscribed
before me this day
of November 1849
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PeterPeter W.Johnstone, Justice
of the Peace

State of MissouriMissouri
County of St. LouisCounty of St Louis

ss.

Upon hearing 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 PrestonPreston Duty
have leave to sue as a poor person; that
he have reasonable liberty to attend
his counsel and the Court as occassion
may require; that he be not removed out
of the jurisdiction of the Court and that
he be nor subjected to any severity on
account of his application for
freedom.

A. HamiltonAlexander Hamilton
Judge 8th Judicial
Circuit, Mo.Nov. 15, 1849
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PrestonPreston Duty vsJohn F. DarlyJohn F Darly

Petition

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PrestonPreston Duty plaintiff
against
John F. DarlyJohn F Darly defendant

In the
CircuitCircuit Court
CourtCircuit Court of
St. Louis

County of St. LouisSt Louisss
County April Term 1850

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 , the defendant, as administra
tor 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 defendnat;
that he was formerly the slave of the
said MiltonMilton Duty deceased; that said
MiltonMilton 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 authenticated is herewith,
filed, the original not being in
the possession or under the control
of the plaintiff; that by his said will
he emancipated and set free forever
all his slaves and among them
the plaintiff; that all the debts of
the estate of said Duty have been paid

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or that an ample and far more than
sufficient funds are now in the
hands of the defendant to pay off
the same. Moreover the plaintiff
asks for judgement of libration agai
nst the defendant and all persons
claiming under, by or through him
or the said MiltonMilton Duty.

Field

&

Hall
Attys for Plffs

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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 investigated the facts set forth in
the above petition, that the said petition
and the matters therein as stated he
believes, to be true.

A P FieldAlexander P Fields


M.SM S Cerre .CerreM S Cerre Clerk

Sworn to and subscribed
before me this 15th day of November 1849
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PrestonPreston 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 as
Admr of Milton 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 PrestonPreston 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 Novr. in the year of our Lord eighteen hundred and forty nine

M.S. CerreM S Cerre

Clerk
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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 20p82t Nov. 3. 1850 Resignation of DarleyDarley
& appear of ThomasThomas HarveyHarvey adr ent 20 p 117. Contd 20 p. 341
Nov. 1851 Dismissed 7th Mch. 1851.21 p. 441

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No 21
April Term 1850

St. Louis Circuit CourtCircuit Court

PrestonPreston Duty
vs.
Summons
John F. DarlyJohn F Darly as a admr of
the Estate of MiltonMilton Duty decd

Pet for freedom

Field

&

Hall Attos.

IssuedNov 24th 1849.

M.S. CerreM S Cerre Clk

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State of MissouriMissouri SS

County of St LouisCounty of St Louis

Upon hearing the above and
foregoing petition being of the opinion that the
said petition contains sufficient matters to au-
thorize the Commencement of a suit. It is hereby ordered that said petitioner PrestonPreston Duty
have leave to sue as a poor person that he
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 and that he be not subjected to any
severity on account of his application for freedom

Nov. 15 1849
a true copy attest

M. S. CerreM S Cerre Clk

A HamiltonAlexander Hamilton

Judge 8th Judi
cial Circuit Mo.
Jury $2
Writ 1
Copy 30
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 Admr
of the Estate of MiltonMilton Duty deceased which
he refused to hear and by delivering to said
DarleyDarley a true copy of the petition. And further
by reading to said DarleyDarley the order made
in this case by the Judge of the St. LouisCircuit Court
Circuit CourtCircuit Court

Louis T. LaBeanmeT LaBeanme Shff

By

IsaiahIsaiah C. BrownBrown

Depty fee $2.00
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No. 21

In the Circuit CourtCircuit Court
St. Louis County

Nov. Term, 1849.
PrestonPreston Duty
Vs.
John F. DarleyJohn F Darley Admr.
of Milton Duty decd.

And now the 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 this 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. 21.
PrestonPreston Duty
Vs.
Jno. F. DarleyJohn F Darley , Admr.

Motion for security
for costs.

Filed 15th April 1850

M.S. CerreM S Cerre Clk

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PrestonPreston 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 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

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legal mode said MiltonMilton Duty did emanci
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
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
An âAct to enable persons held in
slavery to sue for their freedomâ -
he ought not to be permitted to pro
secute the same.

Therefore Defendant
prays that said petition be dismissed
or that judgement be rendered in
his favour.

John F. DarleyJohn F Darley

in proper person
Thos. HarveyThomas Harvey , Attorney
for the heirs of MiltonMilton Duty.
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ThomasThomas HarveyHarvey , the agent and attorney
of defendant makes oath and says
that he believes the above petition
and the matters therein as stated
are true.

Thos. HarveyThomas Harvey

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Sworn to & Subscribed this 17th April A.D.1850

M.S. CerreM S Cerre Clk

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21
PrestonPreston Duty
vs.
Jno. F. DarleyJohn F Darley Admr.

Answer.

Filed April 18th 1850

M.S. CerreM S Cerre Clk