Louis Stubbs, a man of color v. William Burd
Item
Louis Stubbs, a Man of Color V. William Burd. 1837, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60861
- Case Title
- Louis Stubbs, a man of color v. William Burd
- Series
- Freedom Suits
- Plaintiff
- Stubbs, Louis
- Defendant
- Burd, William
- Date Filed
- 1837-07-09
- Filing Date
- 1837-07-09
- Plaintiff’s Attorney
- Risque, Ferdinand W.
- Court Name
- St. Louis County Court
- Court Term
- 1837-07
- Clerk
- Ruland, John
- Justice of the Peace
- Lawless, Luke E.
- Sworn Declarant
- Sullivan, William
- Cause of Action
- Trespass
- False Imprisonment
- Assault
- Battery
- Case Notes
- Plaintiff born of free parents in state of Virginia; defendant originally from Campbell County, Virginia.
- Case Number
- 40
- Identifier
- ccr1837.27080.010
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Louis Stubbs, a man of color v. William Burd**
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**Page 1** (27080_001.jpg)
> *Legal Function: Motion to Proceed In Forma Pauperis*
St St. Louis Circuit Court July term 1837
St Louis county to wit Louis Stubs com
plains of William Burd of a pla of [illegible]
for that the said William Burd or the
first day of January in the year one Three
thousand eight hundred and thirty seven
with force and arms mode an assault
[illegible] the said Louis Stubs to wit it the
county of St Louis and than and there in
[illegible] the said Louis Stubs and [illegible]
and obtained him a person there without
any [illegible] or put [illegible] [illegible] [illegible]
for a long space of time to [illegible] for the
space of three months the west follow
ing controvy to the laws of this state and [illegible]
the well of the [illegible] Louis Stubs and the said
Louis Stubs that for and at the term
of the [illegible] the said [illegible] [illegible] he was a
[illegible] is a [illegible] and that the said [illegible]
Burd held and still helds him a slavery
and after [illegible] to the said Louis Stubs [illegible]
---
**Page 2** (27080_002.jpg)
and [illegible] did against the [illegible] of [illegible]
state and to the damage of the said Louis
Stubs all thous and dollars and [illegible]
[illegible] [illegible] his suit
*Shtter & Audra [illegible]*
> *Legal Function: Order Allowing Petitioner to Sue as a Poor Person to Establish his Right to Freedom*
The within named petitioner is allowed to sue as a poor person for the purpose of establishing his right to freedom, and I do hereby asign George F Sther as his counsel, and that the petitioner have reasonable liberty
to attend his counsel and the court that he be not removed out of the Jurisdiction of this court and that he
be not subject to any severity on account of his application for freedom. S. E. Lawless. Judge C Court 6th June
1837.
A true copy of the order [illegible] upon the petition
*Attest John Ruland Clerk C.C.*
> *Legal Function: Summons for William Burd*
The State of Missouri
County of St Louis Ss To the sheriff of the county of St Louis
Greeting
We command you to summon William Burd if he be found in your county that he be and appear before
our Honorable Circuit Court on the first day of the next term thereof to be begun and held at the city of St Louis
within and for the county aforesaid on the second Monday of July next, then and there to answer unto Louis Stubs
of a plea of trespass on the case to the damage of said plaintiff of one thousand dollars, and have you then there
this writ.
*Witness John Ruland , Clerk of our said court with the seal
thereof hereto affixed at office in the city of St Louis this
seventh day of June Eighteen hundred & thirty seven John Ruland Clerk*
> *Legal Function: Certificate of Execution*
Executed this writ on the 7th day of June 1837
in the County of St Louis by reading it & the order
& by offering to read the petition affidavit & dec
laration to William Burd the defendant who
refused to hear them read & acknowledged the
service thereof
Service $ 1.00
*[illegible] Brotherton Sheriff
By [illegible] Gordon D Shff*
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**Page 3** (27080_003.jpg)
> *Legal Function: Order*
The within named petitioner is allowed to [illegible]
as a poor person for the purpose of establish
ing his right to freedom and I do hereby assign
George F [illegible] as his Counsel and that the
[illegible] have reasonable liberty to attend his
Counsel and the Court that he be not removed
out of the Jurisidiction[?] of this Court and that
he be not subject to any severity on account
of his application for freedom
*6th June 1837
6th June 1837 [illegible] [illegible] [illegible]
[illegible] [illegible] [illegible]*
---
**Page 4** (27080_004.jpg)
> *Legal Function: Cover Page*
Louis Stubs
vs
William Burd
Petition for [illegible] to
bring suit to establish
right to freedom
---
**Page 5** (27080_005.jpg)
> *Legal Function: Complaint*
To the Honorable [illegible] [illegible] [illegible] [illegible]
of the circuit court of the conty of St Louis
Louis Stubs a man of [illegible] [illegible]
that he was [illegible] of per [illegible] a [illegible]
[illegible] county state of [illegible] and that
by the laws of Virginia his mother being
here at the time of his birth he was born
free is now entitled to his freedom
and & futher states that being born free
and entitled to his freedom all William
Burd [illegible] than [illegible] other said county
of [illegible] and who was about [illegible]
to the state of [illegible] [illegible] [illegible] [illegible]
[illegible] [illegible] her the said William
Burd to the city of St Louis , that [illegible] four
years [illegible] he or and in the its of St
Louis with the said William Burd
and that the said William Burd
and that the said William Burd [illegible] that
[illegible] to this his [illegible] in the city of St Louis
---
**Page 6** (27080_006.jpg)
and [illegible] and held [illegible] petitioner a slavery
[illegible] petitioner therefour prays, that you here
will grant him been to sue as a poor person
is order to establish his right to freedom
and that your [illegible] well not [illegible] [illegible]
as the statute provides which [illegible] to [illegible]
[illegible] [illegible] the [illegible] [illegible] of said [illegible]
*Servies his mark [illegible]*
> *Legal Function: Certificate of Filing*
St Louis Conty Court [illegible]
This day the petitioner personally
approved your we and being first duly
sworn and such [illegible] with the
[illegible] of said petitioner by [illegible] it [illegible]
to [illegible] oath that the facts stated
[illegible] in sad petitioner or him
to the [illegible] of his [illegible] [illegible] and belief
*Sworn to and Subscribed
before me this 5th June
AD 1837 [illegible] [illegible] [illegible] Justice Louis his mark Stubs*
---
**Page 7** (27080_007.jpg)
> *Legal Function: Answer*
William Burd
[illegible]
Louis Stubs
And the said defendant by gamble his attorney
comes and defends the force, and injury when and says
he is not guilty ofthe said wrongs and injuries above said
This charge in manner and form as the said plaintiff hath
above thereof [illegible] against him and ofthis he puts
himselfupon the County [illegible]
And for further plea in this behalf the said defendant
says that the said plaintiff ought not to have or maintain
his aforesaid action against him because he says that at the
time of the committing ofthe said supposed grievances
in the declaration mentioned the said plaintiff was a
slave without that that at the said time the said plaintiff
was a free person in manner and form as he has in his said
declaration alledged and this the said defendant is ready
to verify wherefore heprays judgment on.
*Filed 13th July 1837 John Ruland Clerk [illegible] [illegible] [illegible]
for Dft*
---
**Page 8** (27080_008.jpg)
> *Legal Function: Certificate of Filing*
No 132 St St. Louis Circuit Court
July Term 1837
Louis Plubs[?]
vs
William Burd
This is an [illegible] of [illegible] [illegible]
for false imprisonment
brought by [illegible] of the
[illegible] to establish right
to freedom the [illegible]
[illegible] [illegible]
[illegible] [illegible] [illegible] [illegible] [illegible]
*Filed 7th June 1837 John Ruland Clerk [illegible]
[illegible] [illegible]
plff a slave*
Pleas with drawn & Judgment by [illegible] [illegible] book 8 page 416
[illegible] 25 opp so plea 627 [illegible] [illegible] [illegible] 50 = [illegible]
[illegible] [illegible] [illegible] 50 [illegible] [illegible] [illegible] [illegible] [illegible] 50 = [illegible]
4.20
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**Page 9** (27080_009.jpg)
> *Legal Function: Summons*
County of St. Louis , sct.
State Of Missouri , To the Sheriff of St.Louis County---Greeting:
You are hereby commanded to summon Geo W Rucker , L F Rucker,
M C Johnson
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 4th Dec next
at the city of St. Louis , then and there to Testify,
and the truth to say, in a certain matter of controversy now pending in our said Court,
wherein Louis Stubbs is
plaintiff and William Burd is
defedant on the part of plff
and have you then and there this writ.
*Witness, John Ruland , Clerk of our said Circuit Court , at
the City of Louis, this 15 day of Nov
in the year of our Lord, eighteen hundred and thirty seven Jn. Ruland Clerk, C. C.*
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**Page 10** (27080_010.jpg)
> *Legal Function: Unexecuted Summons*
The within named [illegible] not
found
3 nonests $ = 371/2
*James Brotherton Sheriff*
Nov Term 1837
Louis Stubbes
vs
WM Burd
*Plff
G W Rucker
L F Rucker
M C Johnson 4th Dec*
Louis Stubbs, a Man of Color V. William Burd. 1837, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60861