Title: Nelly Duty v. John F. Darly
Plaintiff: Duty, Nelly
Defendant: Darly, John F.
Date Filed:
Term:
Cause of Action: Suit for Freedom
Case Number: 19
Court: St. Louis Circuit Court
Publication Info: St. Louis, Missouri: Washington University in St. Louis, University Libraries
2011
Source: The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Availability: Documents are in the public domain
Judge of the
County.
Your petitioner
respectfully represents to your Honor she is
now held in slavery in the city and county
of
in the county and State aforesaid in the year
before his death the said Darly made his
last will and testament 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 emanci
pation your petiontioner 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
that your
petitioner is a poor person wholly without
property or the means of maintaining her
suit.
Wherefore your petitioner prays your
Honor to make an order granting
as a poor person for her freedom, 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 nor subjected to any severity on
account of her application for her freedom.
Ss.
duly sworn upon her oath says that the
facts setforth in the above and foregoing
Sworn to and Subscribed
before me this
November 1847
Upon
hearing the above and foregoing petition
being of the opinion that it contains suffici
ent matter to authorize the commencement
of a suit.
It is hereby ordered that said petitioner
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 jurisdiction of the Court
nor subjected to any severity on account of
this her application for her freedom
Judge 8th
against
John F.Darly Defendant
County
The plaintiff states that she is now
and has been for more than two years now
last past held in slavery by
istrator of the estate of
in the city and
during all of said time a free person; that
she has been
liberty by said defendant, that she was formerly
the slave of said
that said Duty died in the year eighteen
hundred and thirty eight in the county of
said Duty, being then, and so continuing
till his said decease the owner of the plaintiff
as his slave, made his will in due form
of law, a copy of which duly certified is here
with filed the original not being in the
possession or under the control of
said Duty emancipated and set free all
his slaves and among them the plain
tiff; that all the debts of said estate are
paid or that an ample fund is now
in the hands of the defendant to pay the
same.
Moreover your petitioner prays
judgement of libration against the
defendant and all others
of or through him or the said
Duty.
Attys. for Plff.
Ss.
being duly sworn upon his oath says that
as stated are true.
Sworn to and Subscribed
before me this
November 1849
vs.
Petition
Attys. for Plff.
Filed
We command you
admr. of the Estate of
that he be and appear
before the Judge of our
next term thereof, to be held in the
within and for the
day of April next, then and there to answer unto
hereto annexed
And have you then there this Writ.
Court wi
office, in the city of
year of our Lord eighteen hundred and
nine
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at
Darly & appearance of
vs
Estate of
Summons
Pet for Freedom
Field & Hall
Issued
Ss
Upon hearing the above and
foregoing petition being of the opinion that it
contains sufficient matter to authorize the com
mencement of a suit
It is hereby ordered that said
petitioner
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
be subjected to any severity on account of this her ap
plication for her freedom.
8th
a true copy attest
Executed this in the
on the
to read it and the order made in this case
to
of
to hear, and by delivering to said Darly a true
copy of the Petition hereto attached
By
Fee $2.00
vs.
of the estate of
And now the 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 ad
judged against him, or on failure thereof
that said petition be dismissed.
of
vs.
Motion for security
for costs.
vs
St. Louis County
1850
Defendant states that it is true plaintiff
is now and has been held in slavery by de
fendant 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 defendnat says that said
plaintiff is now and always have been
a slave; and as such she now belongs
to the Estate of
Estate said Defendant says that hs 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 con
fined and restrained by him of her liberty.
Defendant admits that plaintiff was formerly
the slave of
time and at his death she became as
she is now a slave belonging to the Estate
of said
Defendant admits that said
died in St. Louis County in the
Defendant denies that before his death
said
due form of law as alleged in plain
tiff petition.
And defendant denies that by
that alleged
mode the said Duty did emancipate
plaintiff.
Defendant denies that said plain
tiff has any right whatever to be in
formed 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 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 “An
Act to
to sue for their freedom” 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.
in proper person
for the heirs of
defendant makes oath and says He
believes the above answer and the
therein as stated are true.
Sworn to
vs.
Answer.
