Julia, alias Mary Ann, an infant, by and through her next friend, Phillis v. Robert Duncan and Sally Adams

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Julia, Alias Mary Ann, an Infant, by and through Her Next Friend, Phillis V. Robert Duncan and Sally Adams. 1836, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60844

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Case Title: Julia, alias Mary Ann, an infant, by and through her next friend, Phillis v. Robert Duncan and Sally Adams
Series: Freedom Suits
Plaintiff: Mary Ann, alias Julia
Defendant: Duncan, Robert; Adams, Sally
Date Filed: 1836-08-24
Next Friend: Phillis
Filing Date: 1836-08-24
Court Name: St. Louis Circuit Court
Court Term: 1836-07
Clerk: Ruland, John
Sheriff: Johnston, J. D.
Cause of Action: False Imprisonment; Assault; Battery; Trespass
Case Notes: By next friend Phillis, a free woman of color; noted that Sally Adams, one of defendants, lived with Robert Duncan as his wife
Case Number: 141
Identifier: ccr1836.06783.006
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Julia, alias Mary Ann, an infant, by and through her next friend, Phillis v. Robert Duncan and Sally Adams**

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**Page 1** (6783_001.jpg)
> *Legal Function: Petition*

To the Honorable Luke E Lawless Judge of the
Third Judicial Circuit of the State of Missouri
Your Petition Phillis a free woman of color an
behalf of her daughter Julia otherwise Mary Ann ^ an infant ^ represents to
your honor that her said daughter lately in the
Circuit Court of St. Louis County an said state
bought her suit for freedom against Robert
Duncan said Duncan in said suit plead that
said Julia Mary Ann was his slave & such proceedings
were had in said suit that judgment of
liberation was rendered in said suit in favor
of said Julia Mary Ann against said Robert Duncan
and all present claiming by through an under him
your petition says that she is deserved of having
the charge care and custody of her said
child [illegible] that said Robert Duncan & one
Sally Adams who lived & has for many years past
lived said Duncan as his wife hold &
detain said Julia ^ otherwise Mary Ann ^ in them custody unlawfully
& against the child of said Julia ^ otherwise Mary Ann ^ your
Petitioner therefore prays that a writ of
habeas corpus may issue requiring said Robert
Duncan & Sally Adams to bring said Julia ^ otherwise Mary Ann ^
before your honor & that such proceeding
may be therefore ^ had ^ as the law Requires

*Phillis her X mark*

> *Legal Function: Notarization*

The above named [illegible] an her oath say
that the falls me the above Petition stated
are true

*\> Phillis her X
mark Sworn to & subscribed in open court
Aug24-1836 - John Ruland Clerk*

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**Page 2** (6783_002.jpg)
> *Legal Function: Other*

[illegible] book 8. page 116
> *Legal Function: Certificate of Filing*

No 141 St. Louis Circuit Court
July Term 1836
Julia alias Mary Ann
vs
Robert Duncun & Sally Adams
Filed 21th August 1836

*John Ruland Clerk*

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**Page 3** (6783_003.jpg)
> *Legal Function: Summons*

County of Saint Louis - Ss: The State of Missouri To Robert Duncan & Sally Adams - Greeting :
You are hereby commanded that body of Judia, alias Mary Ann , an infant
of colour. in your custody, as it is said, unlawfully detained, together with the
cause of her detention by whatsoever name she may be known, you forthe with have
before our honorable Circuit Court now in session at the city of Saint Louis , then &
there to do submit, and reveive, whatsoever our said court shall in that behalf
consider.

*Witnes John Ruland , Clerk of our said court, in
open court with the seal thereof hereto affixed this twenty fourth day of August in the
year of our Lord eighteen hundred and thirty six John Ruland clerk
By
J.D. Johnston D.C.*

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**Page 4** (6783_004.jpg)
> *Legal Function: Caption*

Judia alias Mary Ann
vs
Robert Duncun & Sally Adams
“By the Habeas corpus act”

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**Page 5** (6783_005.jpg)
> *Legal Function: Answer*

In the matter of Julia
alias Mary Ann on Habeas Corpus
St. Louis Circuit Court
In return to the Habeas in this
cause Robert Duncan and sally adams state that said
Julia is & has her from infancy with
them: that she was sold to said Robert on
the 10th December 1822 by John L. Sutton and
after [illegible] said for freedoms and obtained it by
[illegible] of this court that she was there
sickly and said Robert and sally wished to have
her taken off of their hands, but could not
find any person who wants take her, neither
the count or the city anthorities : that
they kept her since while she was helpless and supported her ; that she is, and has been
under no restraint and no [illegible] is used
over her ; but that she wishes to stay
with then respondents not to go with
the person calling her mother
that there respondents from humanity kept &
supported her for many years when she was
a burden on their hands and an expense and
do not wish to turn her away, or to influence
her to go from them

*Robert Duncan
sworn to and subscribed in open court
27 August 1836. John Ruland Clerk*

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**Page 6** (6783_006.jpg)
> *Legal Function: Other*

writ discharged book 8 page 119
> *Legal Function: Caption*

In the mother of julia
alias mary ann on
Habeas Corpus on [illegible]

Item sets: All Circuit Court Records; Freedom Suits Case Files, 1814-1860; Circuit Court Cases