Lucy Ann Britton v. David D. Mitchell

Item

Lucy Ann Britton V. David D. Mitchell. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60934

Case Title
Lucy Ann Britton v. David D. Mitchell
Series
Freedom Suits
Plaintiff
Britton, Lucy Ann
Defendant
Mitchell, David D.
Date Filed
1844-04-22
Next Friend
Wash, Polly
Filing Date
1844-04-22
Plaintiff’s Attorney
Murdoch, Francis Butter
Defendant’s Attorney
Spalding, Josiah
Tiffany, Pardon Dexter
Court Name
St. Louis Circuit Court
Court Term
1844-11
Clerk
Ruland, John
Sheriff
Milburn, William
Osburn, A. C.
Cause of Action
Trespass
False Imprisonment
Assault
Case Notes
By her mother and next friend, Polly Wash; damages $1,000.
Case Number
18
Identifier
ccr1844.06865.006
Source
Missouri State Archives - St. Louis
Rights
Public Domain
Transcription
**Lucy Ann Britton v. David D. Mitchell**

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**Page 1** (6865_001.jpg)
> *Legal Function: Plaintiff's Complaint*

State of Missouri
St Louis County ss St St. Louis Circuit Court
November Term 1844
Lucy Ann Britton by her next
friend Polly Wash , complains of David D
Mitchell of a plea of trespass, for that the
said defendant on the seventh day of September
in the year of our Lord one thousand eight
hundred and forty two with force and arms &C
made an assault upon the said plaintiff, to wit
at St Louis to wit at the County aforesaid and then
and there imprisoned her the said Lucy Ann
Britton , the said plaintiff and kept and detained her
in prison there, without any reasonable or probable
cause whatsoever for a long time, to wit for the
space of [illegible] twenty [illegible] months thus next following, contrary to
the laws of the state of Missouri and against the
will of the said plaintiff. Wherefore the said
plaintiff saith that she is injured, and hath
sustained damage to the amount of one thousand
Dollars and therefore she brings suit &C

*F.B .Murdoch
attys for [illegible]*

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**Page 2** (6865_002.jpg)
> *Legal Function: Caption*

No St St. Louis Circuit Court
November Term 1844
Lucy Ann Britton by
her next friend Polly Wash
vs
David D. Mitchell
Trespass in false imprisonment
Damages $ 1000.
The Clerk will issue
summons in the case

*F.B .Murdoch
atty for Plff 22t Apl 1844 pd by atty*

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**Page 3** (6865_003.jpg)
> *Legal Function: Summons of David D. Mitchell*

County of St. Louis , ss.
The State Of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to Summon David D. Mitchell
if he be found in your County, that he be
and appear
before the Judge of our Circuit Court , on the first day of the next term thereof, to
be held at the City of St. Louis , within and for the county of St. Louis , on the
third Monday of November next, then and there to answer unto Lucy
Ann Britton by her next friend Polly Wash of a plea of trespass in false
imprisonment
to the damage of said plaintiff 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 thirteenth day of
May in the year of our Lord eighteen
hundred and forty four. In. Ruland Clerk*
> *Legal Function: Acknowledgement*

I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. Louis , this day of 184

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**Page 4** (6865_004.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ in the County
of St Louis on the 16th day of May 1844 by
offering to read it and the declaration to
David D. Mitchell which he refused to
hear

*William Milburn Shff By A.. C. Osburn Depy service $ 1.00*
> *Legal Function: Caption*

No. 18 St St. Louis Circuit Court
November Term 1844
Lucy Ann Britton
by her next friend Polly
Wash
vs
David D. Mitchell
Summons
16th May
Trespass in false impris-
onment
Damages $ 1.000

*Murdoch P. Q. Filed May 13th 1844 Jn. Ruland Clerk (pd by Atty) (112)*
Plea filed 15p292 Dismissed at plffs cost June 3d 1845 16 p 271.

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**Page 5** (6865_005.jpg)
> *Legal Function: Defendant's Plea of Not Guilty*

St. Louis Circuit Court
Nov. T. 1844
Lucy Ann Britton
vs.
David D. Mitchell
And the Said defendant by
his attorney comes, & defends the wrong & injury when
&[?], and says that he is not guilty of the said
supposed trespasses in manner & form, in said
plea declaration is alleged &c. and of this he
puts himself upon the country &c.

*Spalding & Tiffany
attys for deft.*

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**Page 6** (6865_006.jpg)
> *Legal Function: Caption*

St. Louis Circuit Court
Lucy Ann Britton
vs.
D. D. Mitchell
plea

*Spalding & Tiffany
attys. Filed for Nov. 18th 1844 John Ruland Clerk*

Lucy Ann Britton V. David D. Mitchell. 1844, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60934