Title: Preston Duty v. John F. Darly
Plaintiff: Duty, Preston
Defendant: Darly, John F.
Date Filed: November 15, 1849
Term:
Cause of Action: Petition for Freedom
Case Number: 21
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 that he is now
held in slavery in the city and county of
of
died in the county and state aforesaid in the
year eighteen hundred and thirty
eight; that before his death, 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, he then belonged, was
also emancipated by said will; that not wi
thstanding said emancipation, your
petitioner has been held in slavery to the
present time although the debts against said estate have been fully paid but is now in fact entitl
ed to his freedom, that your petitioner
wholly without property and means to
maintain his suit. Wherefore your
petitioner prays your Honor to make
an order granting him leave to sue as
a poor person, for his freedom; that he
may have reasonable liberty to attend
his counsel and the court as
may require; that he be not removed
out of the jurisdiction of the court nor
subjected to any severity on account
of this application for his freedom
being duly sworn upon
his oath says that the
oing petition are true.
Sworn to and subscribed
before me this day
of
of the Peace
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 said petitioner
have leave to sue as a poor person; that
he have reasonable liberty to attend
his counsel and the Court as occassion
may require; that he be not removed out
of the jurisdiction of the Court and that
he be nor subjected to any severity on
account of his application for
freedom.
Judge 8th Judicial
Circuit, Mo.
Petition
against
St. Louis
County
1850
The plaintiff states that he is now
and has been, for more than two
years now last past held in slavery
by
tor of the estate of
deceased, in the city and 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 defendnat;
that he was formerly the slave of the
said
hundred and thirty eight in the county
of
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 or under the control
of the plaintiff; that by his said will
he emancipated and set free forever
all his slaves and among them
the plaintiff; that all the debts of
the estate of said Duty have been paid
sufficient funds are now in the
hands of the defendant to pay off
the same. Moreover the plaintiff
asks for judgement of libration agai
nst the defendant and all persons
claiming under, by or through him
or the said
Attys for Plffs
being duly sworn upon his oath says that
he has investigated the facts set forth in
the above petition, that the said petition
and the matters therein as stated he
believes, to be true.
before me this
November 1849
vs
Petition
Field & Hall
Attys for Plff
We command you
Admr of Milton Duty decd that he be
and appear
next term thereof, to be held in the
within and for the
day of
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
18
& appear of
Nov. 1851 Dismissed
vs.
Summons
the Estate of
Pet for freedom
foregoing petition being of the opinion that the
said petition contains sufficient matters to au-
thorize the Commencement of a suit. It is hereby ordered that said petitioner
have leave to sue as a poor person that he
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 and that he be not subjected to any
severity on account of his application for freedom
a true copy attest
cial Circuit Mo.
Jury $2
Writ 1
Copy 30
3.30 due
Executed this writ in the county
of
1849
of the Estate of
he refused to hear and by delivering to said
by reading to said
in this case by the Judge of the
St. Louis County
Vs.
of Milton Duty decd.
And now the 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 this Court for all costs
that may be adjudged against him,
or, on failure thereof that said petition
be dismissed.
Vs.
Motion for security
for costs.
vs
Defendant
St. Louis County
Defendant states that it is true that plaintiff
is now and has been held in slavery by
defendant as stated in plaintiffs petition.
But, defendant denies that plaintiff is
now or has been at any time previous here
to a free person. And defendant says
that said plaintiff is now & has always
been a slave for life and as such he
now belongs to the Estate of
Duty decd. - of which Estate said Defendatn
says that he is now and has been for more
than two years last past the Public Ad
ministrator. And as such administrator
defendant says that said plaintiff is
now and has been confined & restrained by him of his liberty.
Defendant says that plaintiff was formerly
the slave of
time 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
souri about the year
Defendant denies that before his death
said
due form of law as alleged in plain
tiffs petition. And defendant denies
that by that alleged
pate 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 an
swer said allegation in the plaintiffs
petition.
Defendant denies that plaintiff has
a right to institute and prosecute his
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 enable persons held in
slavery to sue for their freedom” -
he ought not to be permitted to pro
secute the same.
Therefore Defendant
prays that said petition be dismissed
or that judgement be rendered in
his favour.
for the heirs of
of defendant makes oath and says
that he believes the above petition
and the matters therein as stated
are true.
Sworn to & Subscribed this
vs.
Answer.
