Lucina Duty v. John F. Darley
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To the Honorable Alexander HamiltonAlexander Hamilton
Judge of the Circuit CourtCircuit Court of St. Louis
County

Your petitioner LucinaLucinda Duty
respectfully represents to your Honor
that she is now held in slavery in the city
and county of St. LouisSt Louis and State ofMissouri
MissouriMissouri by John F DarlyJohn F Darly as adminis
trator 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 testam
ent by which he emancipated certain
of his slaves and among them your
petitioner to whom she then belonged
was also emancipated by said will; that not
withstanding said emancipation, your
petitioner has been held in slavery up
to the present time but is now in truth
entitled to her freedom; that your petition
er is a poor person wholly without property
and the means of maintaining her suit;
& your petitioner further states that all of the debts of said Duty have been fully paid. Wherefore your petitioner prays your
Honor to make an order granitng her
leave to sue as a poor person, for her
freedom; that she may have reasonable
liberty to attend her counsel and the
Court as occassion may require; that she
be not removed out of the jurisdiction of
the court nor subjected to any severity
on account of this her application
for her freedom.

LucinaLucinda her

X

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

.

LucinaLucinda Duty being duly sworn

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upon her oath says that the facts set forth
in the above and foregoing petition are
true.

LucinaLucinda her

X

mark Duty
Sworn to and subscribed
before me this 15th day of November 1849
PeterPeter W JohnstoneW Johnstone , Justice of the Peace
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State of MissouriMissouri
County of St. LouisCounty of St Louis

ss.

Upon hearing the
above and foregoing
petition being of the opinion that the
same contains sufficient matter
to authorize the commencement of a
suit, It is hereby ordered that the said
LucinaLucinda Duty have leave to sue
as a poor person for her freedom; that
she have reasonable liberty to attend
her counsel and the Court as [ occassion ]
may require, that she be not removed
out of the jurisdiciton of the Court nor
subjected to any severity on account
of this her application for her freedom.
Nov. 15, 1849.

A. HamiltonAlexander Hamilton
Judge 8th JudlJudl Cir CirJudl Cir .
Mo.

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LucinaLucinda Duty, plaintiff
against
John F DarlyJohn F Darly , defendant

In the
CircuitCircuit Court
CourtCircuit Court of St.
Louis County, April Term 1849
County of St. LouisCounty of St Louisss

.

The plaintiff states that she is now and
has been for more than two years now
last past held in slavery by John F. DarlyJohn F Darly

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as administrator of the estate of
MiltonMilton Duty deceased, in the city and
county of St. LouisSt Louis and State of MissouriMissouri
that she is now and has been during
all of said time a free person; that she
has been confined and restrained
of her liberty by the defendant; that she
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 the 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 herewith filed, the original not
being in the possession or under the control
of the plaintiff; that by 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
judgement of libration in due form against the
defendant and all persons claiming
under, by or through him or the said
Duty.

Field & Hall
attys for Plff

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State of MissouriMissouri County of St. LouisCounty of St Louisss

LucinaLucinda Duty
being duly sworn upon her oath
says that the above and foregoing/>

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and the matters therein as stated
she believes to be true.

LucinaLucinda her

x

mark Duty
Sworn to and subscribed
before me this 13th day of November 1849

PeterPeter W JohnstoneW Johnstone

, Justice of the Peace.
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LucinaLucinda Duty
vs
John F. DarlyJohn F Darly

Petition

Field & Hall
Attys for Plffs

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 Monday of April next, then and there to answer unto
LucinaLucinda Duty of her 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.
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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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Apl Term 1850 Mo for Scty for costs 20 p 82Nov 5 1850 Resignation of Darly
& app of Thos. HarveyThomas Harvey adrEntd20 p 117Contd20 p. 341
Nov. 1851
Dismissed 7th March 185121. p. 441

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No. 22.

April Term 1850
St. Louis Circuit CourtCircuit Court

LucinaLucinda Duty
vs Summons
John F. DarleyJohn F Darley as Admr. of the Estate of MiltonMilton Duty decd.

Pet for freedom

Field

&

Hall Attos.

Issued Novr. 24th 1849

M.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 opinion that
the same contains sufficient matters to author
ize the Commencement of a suit It is hereby
ordered taht the said LucinaLucinda Duty have
leave to sue as a poor person for her freedom
that she have reasonable liberty to attend
her Counsel and the Court as occasion
may require, that she be not removed out
of the Jurisdiction of the Court nor subjected
to any severity on account of this her appli
cation for her freedom.

A HamiltonAlexander Hamilton

Judge 8th Judl. Cir. Mo
Nov. 15 1849
a true copy attest

M. S. CerreM S Cerre Clk


Jury 2
Writ 1
Copy 30 $3.30 due
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Executed this writ in the CountyCounty of St Louis
of St LouisCounty of St Louis on the 26th day of November 1849 by offering to read it to John FJohn F Darley
DarleyJohn F Darley Administrator of the Estate of MiltonMilton
Duty deceased which he refused to hear
and by delivering to said DarleyDarley a true
copy of the Bill, and further by reading to
said DarleyDarley the copy of the order made by
the Judge of the St Louis Circuit CourtCircuit Court .
Service $2.00

Louis T. LaBeanmeT LaBeanme Shff


By

IsaiahIsaiah C. BrownBrown Depty


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In the Circuit CourtCircuit Court
Saint LouisSt Louis County
Nov. Term 1849

.
No.22
LucindaLucinda Duty.
vs.
John F. DarleyJohn F Darley , Admr.
of Milton Duty decd.

And now the said defendant moves the court
to amend the orders heretofore made in this
case to the end that said petitioner be re-
quired to give security satisfactorily to the
Clerk of said court for all costs that may
be adjudged against her, 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. 22
LucindaLucinda 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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22
LucindaLucinda Duty
vs Answer
Jno. F. Darly. Admn

Filed April 18 1850

M. S. CerreM S Cerre Clk

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LucindaLucinda Duty, plaintiff.
Vs.
John F. DarleyJohn F Darley , Adm
Defendant.

Circuit CourtCircuit Court
Saint LouisSt 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 plaintiffs 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 she now belongs to the
Estate of MiltonMilton Duty decd. of which Estate de-
fendant 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 plain-
tiff 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 StateMissouri
of 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 plaintiffs
Petiton.
And defendant denies that by that
alleged WillWill or by any other legal mode
the said Duty did emancipate all his

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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 answer the
said allegation in plaintiffs Petition.

Defendant denies that plaintiff has
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 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 , Atty.
for heirs of MiltonMilton 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.

Thos. HarveyThomas Harvey .

Sworn to & Subscribed this
17th April 1850

M. S. CerreM S Cerre Clk

.