Mary Duty v. John F. Darly
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To the Honorable AlexanderAlexander Hamilton
HamiltonAlexander Hamilton , Judge of the CircuitCircuit Court
CourtCircuit Court of St. Louis County

Your petitioner MaryMary Duty
respectfully represents to your Honor
that she is now held in slavery in the
city and county of St LouisSt Louis and State
of Missori by John F. DarlyJohn F Darly as admin
istrator 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
by which he the said Duty 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; Your Petitioner further states that all of the debts against said estate have been fully paid that your petitioner is a
poor person, wholly without any property and the
means of maintianing her suit; wheref
ore your petitioner prays your Honor to
make an order granting 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 her application for
freedom.

MaryMary Duty
her

her X

mark
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State of MissouriMissouri
County of St LouisCounty of St Louisss

MaryMary Duty being
duly sworn upon her
oath says that the facts set forth in
the above and foregoing petition are
true

Sworn to and subscribed
before me this 31st day of October 1849.
MaryMary Duty

her x mark

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Given under my
hand and seal at office

Jus. H. Watson

.
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State of MissouriMissouri
County of St LouisCounty of St Louisss

.

The Law Commissioner of St. Louis County
upon hearing the above and foregoing
petition being of opinion that the said
petition contains sufficient matter to authorize the
commencement of a suit,
It is hereby
ordered the said petitioner MaryMary Duty have
leave to sue as a poor person, the she have
reasonable liberty to attend her counsel
and the Court as [ occassion ] may require,
that she be not removed out of the jurisd
iction of the Court, nor subjected to any
severity on account of her application for freedom.
Nov 15, 1849

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

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MaryMary Duty
vs
John F. DarlyJohn F Darly

Petition

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MaryMary 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 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 as
asministrator 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 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 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 contin
uing 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 authenti
cated is herewith filed, the original not being
in the possession or under the control of the
plaintiff; that by his said will, said Duty eman
cipated all his slaves and among them the
plaintiff; that all the debts of said estate have
been paid or an ample fund is in the hands
of the defendant to pay the same.
Wherefore
the plaintiff asks judgement of libration
against the defendant in her favor and against
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

.

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

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

A P FieldAlexander P Fields


M. S. CerreM S Cerre Clerk

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MaryMary Duty
vs
John F. DarlyJohn F Darly

Petition

Field & Hall
Attys for Plff

filed Novr. 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 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
MaryMary 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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April Term 1850 Mo for Scty for costs 20 p. 821850-11-03>Nov. 3. 1850 Resignation of
DarleyDarley & app of ThomasThomas HarveyHarvey Ent 20 p 117 Cont 20 p. 341
Nov 1851
Dismissed 7th March 185221. p. 441

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No. 24

April Term 1850
St. Louis Circuit CourtCircuit Court

MaryMary Duty
vs Summons
John F. DarleyJohn F Darley Administrator
of the Estate of MiltonMilton Duty
decd.

Pet for freedom
Field & Hall
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

The Law Commissioner of St
Louis County upon hearing the petition being of opin
ion that the same is sufficient matter to authorize
the Commencement of a suit, It is hereby ordered
that the said petitioner MaryMary Duty have leave
to sue as a poor person that she have reasonable
liberty to attend her counsel and the Court as
occasion may require that she be not re-
moved out of the Jurisdiction of the Court
nor subjected to any severity on account of
her application for freedom. Nov 15. 1849

a true copy
attest

M.S. CerreM S Cerre clk

A HamiltonAlexander Hamilton Judge 8th Judicial
Cir 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 and the order of the
judge of the St. Louis Circuit CourtCircuit Court 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 Petition hereto attached
Fee $ 2.00

Louis T. LaBeanmeT LaBeanme , Shff

By

IsaiahIsaiah C. BrownBrown , Depty

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No.24.

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

MaryMary Duty
vs.John F. DarleyJohn F Darley , Admn.
of MiltonMilton 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 required
to give security satisfactorily to the Clerk of
this 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. 24
MaryMary Duty
vs.
Jno. F. DarleyJohn F Darley , Admn.

Motion for security
for costs.

Filed 15th April 1850.

M.S. CerreM S Cerre Clk.

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24.
MaryMary Duty
vs. Answer.
Jno. F. DarleyJohn F Darley Admr.

Filed April 18th 1850

M. S. CerreM S Cerre Clk.

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MaryMary 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 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
Administrator.
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.

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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
Petition.

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
same.

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.

.
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ThomasThomas HarveyHarvey the agent & Attorney of
Defandant 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. Cerrr Clk.