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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 to your Honor
that she is now held in slavery in the city
and county of
trator of the estate of
that said
state aforesaid in the year
and thirty eight
said Duty made his last will and testam
ent 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 emancipation, your
petitioner has been held in slavery up
to the present time but is now in truth
entitled to her freedom; that your petition
er is a poor person wholly without property
and the means of maintaining her suit;
& your petitioner further states that all of the debts of said Duty have been fully paid. Wherefore your petitioner prays your
Honor to make an order granitng her
leave to sue as a poor person, for her
freedom; that she may 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.
in the above and foregoing petition are
true.
Upon hearing the
above and foregoing
petition being of the opinion that the
same contains sufficient matter
to authorize the commencement of a
suit, It is hereby ordered that the said
as a poor person for her freedom; that
she have reasonable liberty to attend
her counsel and the Court as
may require, that she be not removed
out of the jurisdiciton of the Court nor
subjected to any severity on account
of this her application for her freedom.
The plaintiff states that she is now and
has been for more than two years now
last past held in slavery by
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.
as administrator of the estate of
county of
that she is now and has been during
all of said time a free person; that she
has been confined and restrained
of her liberty by the defendant; that she
was formerly the slave of said
Duty deceased, that said Duty died in the
year
eight
that before his death the 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 herewith filed, the original not
being in the possession or under the control
of the plaintiff; that by 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
judgement of libration in due form against the
defendant and all persons claiming
under, by or through him or the said
Duty.
being duly sworn upon her oath
says that the above and foregoing/>
she believes to be true.
Petition
Field & Hall
Attys for Plffs
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
Admr. of Milton Duty decd. that he be
and appear
before the Judge of our
next term thereof, to be held in the
within and for the
And have you then there this Writ.
I acknowledge myself bound for all costs that may accrue in the above cause.
& app of
Dismissed
Pet for freedom
and foregoing petition being of opinion that
the same contains sufficient matters to author
ize the Commencement of a suit It is hereby
ordered taht the said
leave to sue as 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 subjected
to any severity on account of this her appli
cation for her freedom.
Executed this writ in the
1849
Duty deceased which he refused to hear
and by delivering to said
copy of the Bill, and further by reading to
said
the Judge of the
Service $2.00
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 re-
quired 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.
Filed
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 has always been a
slave and as such she now belongs to the
Estate of
fendant 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 plain-
tiff is now and has been confined & restrained
by him of her liberty.
Defendant admits that plaintiff was formerly
the slave of
life time and at his death she became
as she now is a slave belonging to the Estate of the said
Defendant admits that
died in
Defendant denies that before his death
said
due form of law as alleged in plaintiffs
Petiton.
And defendant denies that by that
alleged
the said Duty did emancipate all his
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 answer the
said allegation in plaintiffs Petition.
Defendant denies that plaintiff has
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 enable persons held in slavery 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.
of defendant makes oath and says
that he believes the above answer
and the matters therein, as stated,
are true.