Caroline 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 CarolineCaroline Duty
respectfully represents that she is now held
as a slave in the city and county of StSt Louis.
LouisSt Louis and State of MissouriMissouri by JohnJohn F Darly
F. DarlyJohn F Darly , the administrator of the estate
of MiltonMilton Duty deceased; that said MiltonMilton
Duty died in the county of St. LouisSt Louis 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 by which the said
Duty emancipated certain of his slaves
and among them, your petitioner to whom she belonged was also
emancipated; that not withstanding
such said emancipation your petitioner
has been held in slavery up to this
time; Your petitioner further states that all of the debts of said estate have been fully paid. Therefore your petitioner
prays leave to sue as a poor person for
her freedom and that your Honor will
make an order in her favor to that effect
and that she may have reasonable liberty to
attend her counsel and the court as
occasion may require; thea she be not
removed out of the jurisdiction of the Court
nor subject to any severity on account of
this her application for her freedom.

CarolineCaroline her

X

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

ss

being duly sworn
upon herewith says that the facts

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set forth in the above and foregoing
petition are true

CarolineCaroline her

X

mark Duty
Sworn to and subscribed before me this 31st day of NovemberOctober 1849

PeterPeter W. 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 said petition
contains sufficient matter to authorize the
commencement of a suit, It is hereby ordered
that the said petitioner CarolineCaroline Duty have leave
and be permitted to sue as a poor poor person
that she have reasonable liberty her counsel and
the Court as [ occassion ] may require; that she
be not removed out of the jurisdiction of the
Court and that she be not subjected to any
severity on account of this her application
for freedom.

A. HamiltonAlexander Hamilton
Judge 8 Judl. Cir. Mo

Nov. 15, 1849
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CarolineCaroline Duty
vs
John F. DarlyJohn F Darly

Petition

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CarolineCaroline 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 she is now and has been
for more than two years now lost 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 Miss
ouri; that she is now and has been during
all said time a poor person; that she nas
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 continuing owner of the plaintiff as
his slave till his said decease, made his
las will in due form of law, a copy of
which duly authenticated is herewith filed
the original not being in the posession 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 in the hands of the
defendant to pay the same; Moreover the
plaintiff asks judgement of liberation in her favor 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 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 petition
and that said petition and the matters

A P FieldAlexander P Fields

therein as stated he believes are true.
Sworn to and subscribed before
me this 15th day of November 1849

M. S. CerreM S Cerre clerk

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CarolineCaroline Duty
vs
John F. DarlyJohn F Darly

Petition

Fields & 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
CarolineCaroline 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 Nov 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 adr. Entd20 p 117 - Contd20 p. 341Nov. 1851 Dismissed 7th March 185221 p 441

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No. 23.

April Term 1851
St LouisCircuit Court CircuitCircuit Court CourtCircuit Court

CarolineCaroline Duty
vs
John F. DarlyJohn F Darly

Summons admr.
of the Estate of MiltonMilton Duty
decd. Pet for freedom

Field & Hall 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 hearing the above and fore
going 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 CarolineCaroline Duty have leave
and be permitted to sue as a poor poor person
that she have reasonable liberty her Counsel
and the Court as occasion may require; that
she be not removed out of the Jurisdiction
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 Judl. Cir Mo 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 and the order
made by the St. Louis Circuit CourtCircuit Court to JohnJohn F Darly
F DarlyJohn F Darly Administrator of MiltonMilton Duty decd
which he refused to hear and by deliver
ing to said DarleyDarley a true copy of the
petition hereto attached.

Louis T. LaBeanmeT LaBeanme Shff


By

IsaiahIsaiah C. BrownBrown Depty

Fee $2.00
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No. 23.
CarolineCaroline Duty
vs.
John F. DarleyJohn F Darley , Admn.
of MiltonMilton Duty decd.

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

.

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 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. 23
CarolinaCarolina 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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23.
CarolinaCarolina Duty
vs.
Jno. F. DarleyJohn F Darley , Admn.

Answer.

filed April 18th 1850

M.S. CerreM S Cerre Clk

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CarolineCaroline Duty, plaintiff
vs.
John F. DarlyJohn F Darly , 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
always has been a slave for life and as such
he now belongs to the Estate of MiltonMilton
Duty decd. of which Estate said Defend
ant says that he is now and has been
for more than two years last past the
Public Administrtor. And as such
administrator Defendant says that said plaintiff is
now and has been confined & restrained by
him of his liberty

Defendant admits that plaintiff was for
merly the slave of MiltonMilton Duty during his life
time and at his death he she became as
she 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 WillWill in due form
of law as alleged in plaintiffs petition.
And defendant denies that by that alleged
WillWill or by any other legal mode the

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said MiltonMilton 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 the 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 allegations in the plaintiffs
petition.

Defendant denies that plaintiff has a
right to institute & prosecute his said suit
as a poor person; and that as said plain
tiff has failed to comply 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 per
mitted to prosecute the same.

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

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
he believes the above answer &
the matters therein as stated are true.

Thos. HarveyThomas Harvey

Sworn to & subscribed this
17th of April 1850

M. S. CerreM S Cerre Clk