Title: Jordan Duty vs. Johon F. Darly
Plaintiff: Duty, Jordan
Defendant: Darley, John F.
Date Filed: October 31, 1847
Term:
Cause of Action: TrespassFalse Imprisonment
Case Number: 20
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 that
he is now held in slavery in the city and
county of
of
estate of
aforesaid in the year
and thirty eight
said Duty made his last will and testament
of which, he the said Duty emancipated certain
of his slaves and among them, your peti
tioner, to whom he then belonged was also
emancipated by said will; that not withstand
ing said emancipation, your petitioner has been held in slavery up to the present time although the debts against said estate been fully paid
but is now in truth entitled to his freedom
that your petitioner is a poor person, wholly
without property and the means of maintaining
his suit.
Wherefore your petitioner prays
your Honor to make an order granting him
leave to sue as a poor person for his petit
ion; that he may have reasonable liberty to
attend his counsel and the court as occasion
may require; that he be not removed out
of the jurisdiction of the court, nor subjected
to any severity on account of his applica
tion for freedom.
being duly sworn
upon his oath says that the
facts set forth in the above and
before me this
October 1847
of the Peace
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 said petitioner
Duty have leave to sue for this petition as a poor person
that he be not removed out of the jurisdiction
that he have reasonable liberty to attend
the Court and his counsel as occasion
my require and that he be not subjected,
to any severity on account of this his
application for his freedom.
Judge 8th Judicial Circuit Mo.
vs
Petition
against
County
Term 1850
The plaintiff states that he is now and
has been for more than two years now last
past held in slavery by
administrator of the estate of the estate
of
county of
that he is now and has been during all
said time a free person; that he has
been confined and restrained of his
liberty by the defendant; that he was formerly
the slave of said
said Duty died in the year
and thirty eight
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 certified is is herewith
filed, the original not being in the possession 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 now in the
hands of the defendant to pay the same.
Wherefore the plaintiff prays for judge
ment of libration against the defendant
and all others claiming under, by or thr
ough him or the said
Attys
being duly sworn
upon his oath says that he has investiga
ted the facts set forth in the above and
foregoing petition, and that the said
petition and the matters therein as
stated he believes to be true.
Sworn to and subscribed
before me this
of November 1849
vs
Petition
Attys
Filed
We command you
of the Estate of
be and appear
next term thereof, to be held in the
within and for the
day of
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
The Clerk will please dismiss the Court
D C Shuttle Atty for Court
vs
Estate of
Summons
Pet: for freedom
and foregoing petition being of the opinion that the
said petition contains sufficient matters to authori
ze the commencement of a suit It is hereby ordered
that said petitioner
to sue for his freedom as a poor person that he
be not removed out of the Jurisdiction that he
have reasonable liberty to attend the Court
and his Counsel as occasion may require
and that he be not subjected to any severity on
account of this his application for his freedom.
Writ 1
Copy 3
$3.30 due
Executed this writ in the county of
by offering to read it to
trator of the Estate of
which he refused to hear, and by delivering
to said
hereto attached And further by reading
to said
in this case by the judge of
$2 fee
By
Depty
April Term 1850
Darly & appt of
The clerk will please dismiss this suit
H. Tuttle Atty for
Dismissed Sept. 10th 1837
St. Louis County
Vs.
of Milton Duty decd.
And now the said defendant moves the court
to amend the order 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 him, or on failure thereof that
said petition be dismissed.
Admn.
and
Agent for the heirs of
Vs.
Jno F Darley, Admr.
Motion for security
for costs.
vs.
Defendant
St. Louis County
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 always
has been a slave, and as such he now
belongs to the Estate of
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 con
fined & restrained by him of his liberty. Defendant admits that plaintiff was for
merly the slave of
ring his lifetime and at his death he
became as he now is 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
in due form of law as alleged in
plaintiff' petition.
And defendant denies that by that
alleged
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 de
clines to answer said allegation in the
plaintiffs petition.
Defendant denies that plain
tiff has a right to institute and prosecute
his said suit as a poor person; and
that said plaintiff has failed to com
ply with the provisions of the law En
titled, “An Act to enable persons held
in slavery to sue for their freedom”
he ought not to be permitted to prose
cute 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 M. Duty.
defendant makes oath and says that he
believes the above answer and the matters
therein, as stated, are true.
This
vs.
Jon. F. Darley, Admr.
Answer
I hereby constitute D.C. Suttle my attorney
in a suit now pending in the
state of suit
Duty decd & I direct said Suttle to dismiss
said suit.
Witness
vs.
vs.
Same
These suits may all
be dismissed
Pltffs
vs.
Same
vs.
Same
vs.
Same
vs.
Same
vs.
Same
And one other name not remembered
vs. Same
al.
vs.
Milton Duty's Admn.
Dismissal
On
