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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Your petitioner
respectfully represents that she is now held
as a slave in the city and county of
of
Duty died in the county of
state aforesaid in the year
and thirty eight
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
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
this her application for her freedom.
being duly sworn
upon herewith says that the facts
petition are true
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
that the said petitioner
and be permitted to sue as a poor poor person
that she have reasonable liberty her
the Court as
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.
Petition
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
The plaintiff states she is now and has been
for more than two years now lost past, held
in slavery by
of the estate of
city and county of
ouri; that she is now and has been during
all
been confined and restrained of her
liberty by the defendant; that she was formerly the
slave of
died in the year eighteen hundred and thirty
eight in the county of
before his
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
defendant to pay the same; Moreover the
plaintiff asks judgement of liberation in
claiming
said Duty.
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
Petition
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you
of the Estate of
be and appear
before the Judge of our
next term thereof, to be held in the
within and for the
day of
And have you then there this Writ.
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal at
18
& app of
Summons admr.
of the Estate of
decd. Pet for freedom
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
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.
Executed this writ in the
1849
made by the
which he refused to hear and by deliver
ing to said
petition hereto attached.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
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.
Motion for security
for costs.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Answer.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
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
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
time and at his death he she became as
she now is a slave belonging to the Estate
of said
Defendant admits that said
Duty died in St. Louis County in the
Defendant denies that before his death said
of law as alleged in plaintiffs 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 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 “Act to enable
persons held in slavery to sue for their
freedom” 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.
of defendant makes oath and says
he believes the above answer &
the matters therein as stated are true.