Ellen Duty v. John F. Darly
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EllenEllen 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
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 said time a free person
that she has been confined and restrained
of her liberty by said defendant; that she was
formerly the slave of MiltonMilton Duty deceased;
that said Duty in the year eighteen hundred
and thirty eight died 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 and
under the control of the plaintiff; that of his
said will, said Defendant emancipated all his slaves
and among them the Plaintiff, that 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; wherefore
the plaintiff asks judgement of [ liberation ]
in her favor against the defendant and
all persons claiming under, buy 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 Louis

ss.

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

Sworn to and subscribed before
me this 15th day of November 1847

A P FieldAlexander P Fields


M.S. CerreM S Cerre Clerk

.
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EllenEllen Duty
vs
John F. DarlyJohn F Darly

Petition

Field

&

Hall
Attys.

for Plff.
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To the Honorable Alexander HamiltonAlexander Hamilton
Judge of the Circuit CourtCircuit Court of St. Louis
County.

Your petitioner EllenEllen Duty
represents, that she is now held as a
slave in the city and County of StCounty of St Louis.
LouisCounty of St Louis and State of MissouriMissouri by JohnJohn F Darly
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 MiltonMilton Duty made
his last will and testament of which
he the said Duty emancipated certain
of his slaves and among them
your petitioner to who she then
belonged, was also emancipated by
said will; that not withstanding such
said emancipation, your petitioner has
been held in slavery up to this time
although all the debts against said estate have been fully paid
that your petitioner is a poor person
[ wholy ] without property or the means to
maintain her suit.
Wherefore your
petitioner prays for leave to sue as a
poor person for her freedom and that
your Honor will make an order in her
favor to that effectt; that she may 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 on account of this her application
for her freedom.

EllenEllen her

X

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

ss.

EllenEllen 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 1849EllenEllen her

X

Duty
mark

PeterPeter W. Johnston Justice
of the Peace

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State of MissouriMissouri
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 matter to
authorize the commencement of a suit
It is hereby ordered that the said petitioner
EllenEllen Duty have leave to sue as a poor
person; that she 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
that she be not subjected to any severity on
account of this her application for freedom.

Nov. 15, 1849.

A. HamiltonAlexander Hamilton
Jus. for 8th JudlJudl Cir .CirJudl Cir .Mo.

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EllenEllen Duty
vs.
John F. DarlyJohn F Darly

Petition

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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 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
EllenEllen Duty of her petition for freedom hereto an
nexed.
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
24 day of Novr in the
year of our Lord eighteen hundred and forty
nine

M.D. Cerrr

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

L.S

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April Term 1850 for for costs 20 p 82Nov. 2. 1850 Resignation of
DarleyDarley & app of ThomasThomas HarveyHarvey admr - Ent20 p 117 - Contd.20 p. 341
Nov. 1851 Dismissed 7th March 1852. 21 p. 441

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No 18

April Term 1850
St. Louis Circuit CourtCircuit Court

EllenEllen Duty
vs.John F. DarleyJohn F Darley as admr. of the
Estate of MiltonMilton Duty decd.

Summons

Pet for freedom

Field

&

Hall Atto


Issued Nov. 24th 1849.

M.S. CerreM S Cerre Clk

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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 order
ed that the said petitioner EllenEllen Duty have leave
to sue as a poor person, that dhe have re
asonable liberty to attend her counsel and
the Court, as occasion may require that
she be not removed out of the juris
diction of the Court and that she be not subjected
to any severity on account of this her application
for freedom Nov. 15.1849.A HamiltonAlexander Hamilton
Judge 8th JudlJudl Cir .CirJudl Cir .Mo.
a true copy attest

M.S. CerreM S Cerre Clk

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Terms $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 this writ and the
order made by the Judge of the
St. Louis Circuit CourtCircuit Court to John F. DarleyJohn F Darley Admr.
of the Estate of MiltonMilton Duty deceased
which he refused to hear, and by deliv
ering to said DarleyDarley a true copy of the
petition hereto attached.

Fee $2.00

Louis T. LaBeanmeT LaBeanme Shff
By IsaiahIsaiah C. BrownBrown Dpty.

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18
EllenEllen Duty
vs. Answer.
Jno. F. DarleyJohn F Darley . Admn.

Filed April 18 1850

M. S. CerreM S Cerre Clk.

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Sworn to & Subscribed this
17th of April 1850

M. S. CerreM S Cerre Clk

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No. 18.

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

EllenEllen Duty,
vs.
John F. DarleyJohn F Darley Admr.
of Milton Duty decd.

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

John F. DarleyJohn F Darley
Admr.


and

ThomasThomas HarveyHarvey
Agent for the heirs of
MiltonMilton Duty decd.

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No. 18
EllenEllen Duty
vs.
John F. DarleyJohn F Darley , Admr.

Motion for security
for costs.-

Filed 15th April 1850.

M. S. CerreM S Cerre Clk.

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EllenEllen 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 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 al
ways has been a slave - and as such
she 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 confined
and restrained by him of her liberty
Defendant admits that plaintiff was formerly
the slave of MiltonMilton Duty during his life time
and at his death she became as she is now
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 plaintiffs
Petition.
And defendant denies that by

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that alleged will or by any other legal
mode the said Duty did emancipate
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 answer said
allegation in plaintiff's petition.
Defendant denies that plaintiff has a
right to institute and to prosecute her
said suit as a poor person; and
that as said plaintiff has failed to com
ply with the provisions of the law
entitled An âAct to enable persons held
in slavery to sue for their freedomâ,
she ought not to be permitted to prose
cute the same.
Therefore defendant prays
that said petions be dismissed, or that
judgement be rendered in his favour.

John F. DarleyJohn F Darley .


in proper person

Tho HarveyHarvey , Attorney


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

Tho HarveyHarvey

.