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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.
The Plaintiff states that he is now and
has been for more than two years now
last past held in slavery by
as administrator of the estate of
deceased, in the city and county of
and
been during all said time a free person
that she has been
of her liberty by said defendant; that she was
formerly the slave of
that said Duty in the year eighteen hundred
and thirty eight died in the county of
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 authenticated is herewith filed
the original not being in the possession and
under the control of the plaintiff; that of his
said will, said Defendant emancipated all his slaves
and among them the Plaintiff, that 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; wherefore
the plaintiff asks judgement of
in her favor against the defendant and
all persons claiming under, buy or through
him or the said Duty.
being duly sworn upon
his oath says that he has investigated the facts
setforth in the above and foregoing petition
that said petition and the matters therein
as stated he believes to be true.
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.
Your petitioner
represents, that she is now held as a
slave in the city and
estate of
said
State aforesaid in the year
hundred and thirty eight;
his death, the said
his last will and testament of which
he the said Duty emancipated certain
of his slaves and among them
your petitioner to who she then
belonged, was also emancipated by
said will; that not withstanding such
said emancipation, your petitioner has
been held in slavery up to this time
although all the debts against said estate have been fully paid
that your petitioner is a poor person
maintain her suit.
Wherefore your
petitioner prays for leave to sue as a
poor person for her freedom and that
your Honor will make an order in her
favor to that effectt; 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 on account of this her application
for her freedom.
being duly sworn upon her oath
says that the facts set forth in the above
and foregoing petition are true.
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 the said petitioner
person; 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
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.
We command you
as 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
nexed.
And have you then there this writ.
Summons
Pet for freedom
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 order
ed that the said petitioner
to sue as a poor person, that dhe have re
asonable liberty to attend her counsel and
the Court, as occasion may require that
she be not
diction of the Court and that she be not subjected
to any severity on account of this her application
for freedom
Judge 8th
a true copy attest
Executed this writ in the
1849.
order
of the Estate of
which he refused to hear, and by deliv
ering 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.
Filed
Sworn to & Subscribed this
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 defendant moves the court
to ammend the order heretofore made in this
case so that said petitioner be required to
give security satisfactorily to the Clerk of said
court for all the 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.
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 al
ways has been a slave - and as such
she now belongs to the Estate of
Duty decd. - 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 confined
and restrained by him of her liberty
Defendant admits that plaintiff was formerly
the slave of
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
form of law as alleged in plaintiffs
Petition.
And defendant denies that by
mode the said Duty did emancipate
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 answer said
allegation in plaintiff's petition.
Defendant denies that plaintiff has a
right to institute and to prosecute her
said suit as a poor person; and
that as said plaintiff has failed to com
ply 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 prose
cute the same.
Therefore defendant prays
that said petions be dismissed, or that
judgement be rendered in his favour.
defendant makes oath and says that
he believes the above answer and the
matter therein as stated are true.