There are no known copyright restrictions on this item. You are free to use this item in any way that is permitted by the copyright and related rights legislation that applies to your use. Washington University Libraries does not assert copyright in reproduction scans of public domain materials made openly available on its websites. For more information on policies and procedures governing the use of materials, contact digital@wumail.wustl.edu.
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
of Missori by
istrator of the estate of
deceased; that said
the county and State aforesaid in the
year
eight
made his last will and testament
by which he the said Duty 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; Your Petitioner further states that all of the debts against said estate have been fully paid that your petitioner is a
poor person, wholly without any property and the
means of maintianing her suit; wheref
ore your petitioner prays your Honor to
make an order granting 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
require; that she be not removed out of the
jurisdiction of the court, nor subjected to any
severity on account her application for
freedom.
duly sworn upon her
oath says that the facts set forth in
the above and foregoing petition are
true
Given under my
hand and seal at office
The Law Commissioner of St. Louis County
upon hearing the above and foregoing
petition being of opinion that the said
petition contains sufficient matter to authorize the
commencement of a suit,
It is hereby
ordered the said petitioner
leave to sue as a poor person, the she have
reasonable liberty to attend her counsel
and the Court as
that she be not removed out of the jurisd
iction of the Court, nor subjected to any
severity on account of 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 that she is now and has
been for more than two years now last
past held in slavery by
asministrator of the estate of
deceased, in the city and county of
and
been 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
in the year
in the county of
his death, said Duty being then and so contin
uing 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 authenti
cated is herewith filed, the original not being
in the possession or under the control of the
plaintiff; that by his said will, said Duty eman
cipated all his slaves and among them the
plaintiff; that all the debts of said estate have
been paid or an ample fund is in the hands
of the defendant to pay the same.
Wherefore
the plaintiff asks judgement of libration
against the defendant in her favor and against
all persons claiming under, by or through
him or the said Duty
being duly sworn
upon his oath says that he has investiga
ted the facts set forth in the above petition
and that the 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.
We command you
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
day of April next, then and there to answer unto
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
Dismissed
Pet for freedom
Field & Hall
Issued
Louis County upon hearing the petition being of opin
ion that the same is sufficient matter to authorize
the Commencement of a suit, It is hereby ordered
that the said petitioner
to sue as a poor person that she have reasonable
liberty to attend her counsel and the Court as
occasion may require that she be not re-
moved out of the Jurisdiction of the Court
nor subjected to any severity on account of
her application for freedom.
Executed this writ in the county
of
by offering to read it and the order of the
judge of the
Duty deceased which he refused
to hear and by delivering to said
a true copy of the Petition hereto attached
Fee $ 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 required
to give security satisfactorily to the Clerk of
this 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 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 has always been a
slave, and as such he now belongs to the
Estate of
defendant says that he is now and has been
for more than two years last past the Public
Administrator.
And as such defendant says
that said plaintiff is now and has been
confined & restrained by him of her liberty.
Defendant admits that plaintiff was formerly
the slave of
time and at his death she became as she
now is a slave belonging to the Estate of
the said
Defendant admits that
about the year
Defendant denies that before his death said
form of law as alleged in plaintiffs petition.
And defendant denies that by that alleged
will or by using other legal 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 am
ple fund is in the hands of the Defendant
to pay the same.
And, therefore, defendant de
clines to answer said allegation in plaintiffs
Petition.
Defendant denies that plaintiff has a
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 ren
dered in his favour.
Defandant makes oath and says that he
believes the above answer and the matters
therein, as stated, are true.