Lucina Duty v. John F. Darley

Item

Lucina Duty V. John F. Darley. 1849, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60972

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Case Title: Lucina Duty v. John F. Darley
Series: Freedom Suits
Plaintiff: Duty, Lucina
Defendant: Darby, John F.
Date Filed: 1849-11-15
Filing Date: 1849-11-15
Plaintiff’s Attorney: Field; Hall, David N.
Defendant’s Attorney: Harvey, Thomas
Court Name: St. Louis County Court
Court Term: 1849-11
Clerk: Cerre, M. S.
Justice of the Peace: Hamilton, Alexander
Cause of Action: Suit for Freedom
Case Notes: Estate of Milton Duty; plaintiff freed in Milton Duty's will.
Case Number: 22
Related Court Case Number: 06883; 06884; 06885; 06886; 06887; 06889; 06890
Related Project ID: ccr1849.06883.012; ccr1850.06884.012; ccr1847.06885.012; ccr1847.06886.016; ccr1849.06887.012; ccr1850.06889.012; ccr1849.06890.012
Identifier: ccr1849.06888.012
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Lucina Duty v. John F. Darley**

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**Page 1** (6888_001.jpg)
> *Legal Function: Complaint*

To the Honorable Alexander Hamilton
Judge of the Circuit Court of St. Louis
County
Your petitioner Lucina Duty
respectfully represents to your Honor
that she is now held in slavery in the city
and county of St. Louis and State of
Missouri by John F Darly as adminis
trator of the estate of Milton Duty deceased;
that said Milton Duty died in the county and
state aforesaid in the year eighteen hundred
and thirty eight; that before his death the
said Duty made his last will and testam
ent by which he 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; that your petition
er is a poor person wholly without property
and the means of maintaining her suit;
& your petitioner further states that all of the debts of said Duty have been fully paid. Wherefore your petitioner prays your
Honor to make an order granitng 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 occassion may require; that she
be not removed out of the jurisdiction of
the court nor subjected to any severity
on account of this her application
for her freedom.

*Lucina her X mark Duty*
> *Legal Function: Jurat*

State of Missouri County of St. Louis ss .
Lucina Duty being duly sworn

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**Page 2** (6888_002.jpg)
upon her oath says that the facts set forth
in the above and foregoing petition are
true.

*Lucina her X mark Duty
Sworn to and subscribed
before me this 15th day of
November 1849
Peter W Johnstone , Justice of the Peace*
> *Legal Function: Order*

State of Missouri
County of St. Louis ss.
Upon hearing the
above and foregoing
petition being of the opinion that the
same contains sufficient matter
to authorize the commencement of a
suit, It is hereby ordered that the said
Lucina Duty have leave to sue
as a poor person for her freedom; that
she have reasonable liberty to attend
her counsel and the Court as occassion
may require, that she be not removed
out of the jurisdiciton of the Court nor
subjected to any severity on account
of this her application for her freedom.
Nov. 15, 1849.

*A. Hamilton
Judge 8th Judl Cir .
Mo.*
> *Legal Function: Affidavit*

Lucina Duty, plaintiff
against
John F Darly , defendant
In the
Circuit
Court of St.
Louis County, April Term 1849
County of St. Louis ss .
The plaintiff states that she is now and
has been for more than two years now
last past held in slavery by John F. Darly

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**Page 3** (6888_003.jpg)
as administrator of the estate of
Milton Duty deceased, in the city and
county of St. Louis and State of Missouri
that she is now and has been during
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 said Milton
Duty deceased, that said Duty died in the
year eighteen hundred and thirty
eight in the county of St. Louis aforesaid;
that before his death the 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
certified is herewith filed, the original not
being in the possession or under the control
of the plaintiff; that by said will said Duty
emancipated and set free all his slaves
and among them the plaintiff; that all the debts of said estate have been
paid or that an ample fund is now
in the hands of the defendant to pay the
same. Wherefore, the plaintiff prays
judgement of libration in due form against the
defendant and all persons claiming
under, by or through him or the said
Duty.

*Field & Hall
attys for Plff*
> *Legal Function: Affidavit, part 2*

State of Missouri County of St. Louis ss
Lucina Duty
being duly sworn upon her oath
says that the above and foregoing/>

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**Page 4** (6888_004.jpg)
and the matters therein as stated
she believes to be true.

*Lucina her x mark Duty
[illegible] Sworn to and subscribed
before me this 13th day of
November 1849
Peter W Johnstone , Justice of the Peace.*
> *Legal Function: Certification of Filing*

Lucina Duty
vs
John F. Darly
Petition
Field & Hall
Attys for Plffs

*Filed Nov 24th 1849
M S Cerre Clk*

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**Page 5** (6888_005.jpg)
> *Legal Function: Summons*

County of St. Louis , SS .
The State Of Missouri ,
To the Sheriff of St. Louis County, Greeting:
We command you To summon John F Darley as
Admr. of Milton Duty decd. that he be
and appear
before the Judge of our Circuit Court , on the first day of the
next term thereof, to be held in the City of St. Louis ,
within and for the County of St. Louis , on the third Monday of April next, then and there to answer unto
Lucina Duty of her petition hereto annexed.
And have you then there this Writ.

*Witness, Michael S. Cerre , Clerk of said
Court, with the seal thereof hereto affixed, at
office, in the city of St. Louis , this
24th day of November in the
year of our Lord eighteen hundred and forty
nine .
M S Cerre Clerk.*
> *Legal Function: Acknowledgment*

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
18*

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**Page 6** (6888_006.jpg)
Apl Term 1850 Mo for Scty for costs [illegible] 20 p 82 Nov 5 1850 Resignation of Darly
& app of Thos. Harvey adr Entd 20 p 117 Contd 20 p. 341
Nov. 1851
Dismissed 7th March 1851 21. p. 441
> *Legal Function: Certification of Filing*

No. 22.
April Term 1850
St. Louis Circuit Court
Lucina Duty
vs Summons
John F. Darley as Admr. of the Estate of Milton Duty decd.
Pet for freedom

*Field & Hall Attos. Issued Novr. 24th 1849
M.S.Cerre Clk*
> *Legal Function: Order*

State of Missouri SS County of St Louis
Upon hearing the above and foregoing petition being of opinion that the same contains sufficient matters to authorize the Commencement of a suit It is hereby ordered taht the said Lucina Duty have leave to sue as a poor person for her freedom that she 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 nor subjected to any severity on account of this her application for her freedom.[?]

*A Hamilton Judge 8th Judl. Cir. Mo
Nov. 15 1849 a true copy attest M. S. Cerre Clk
Jury 2Writ 1Copy 30 \$3.30 due*
> *Legal Function: Certification of Execution*

Executed this writ in the County
of St Louis on the 26th day of November
1849 by offering to read it to John F
Darley Administrator of the Estate of Milton
Duty deceased which he refused to hear
and by delivering to said Darley a true
copy of the Bill, and further by reading to
said Darley the copy of the order made by
the Judge of the St St. Louis Circuit Court .
Service \$2.00

*Louis T. LaBeanme Shff
By Isaiah C. Brown Depty*

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**Page 7** (6888_007.jpg)
> *Legal Function: Summons*

In the Circuit Court
Saint Louis County
Nov. Term 1849 .
No.22
Lucinda Duty.
vs.
John F. Darley , Admr.
of Milton Duty decd.
And now the said defendant moves the court
to amend the orders heretofore made in this
case to the end that said petitioner be re-
quired to give security satisfactorily to the
Clerk of said court for all costs that may
be adjudged against her, or on failure
thereof that said petition be dismissed.

*John F. Darley
Admn. and
Thomas Harvey
Agent for the heirs of
Milton Duty decd.[?]*

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**Page 8** (6888_008.jpg)
> *Legal Function: Certification of Filing*

No. 22
Lucinda Duty
vs.
Jno. F. Darley , Admr.
Motion for security
for costs -

*Filed 15th April 1850. M.S. Cerre Clk .*

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**Page 9** (6888_009.jpg)
> *Legal Function: Unknown*

22
Lucinda Duty
vs Answer
Jno. F. Darly. Admn
Filed April 18 1850

*M. S. Cerre Clk*

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**Page 10** (6888_010.jpg)

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**Page 11** (6888_011.jpg)
> *Legal Function: Answer*

Lucinda Duty, plaintiff.
Vs.
John F. Darley , Adm
Defendant.
Circuit Court
Saint Louis County
April Term 1850.
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 has always been a
slave and as such she now belongs to the
Estate of Milton Duty decd. of which Estate de-
fendant 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 plain-
tiff is now and has been confined & restrained
by him of her liberty.
Defendant admits that plaintiff was formerly
the slave of Milton Duty decd. during his
life time and at his death she became
as she now is a slave belonging to the Estate of the said Milton .
Defendant admits that Milton Duty
died in Saint Louis County in the State
of Missouri about the year 1838.
Defendant denies that before his death
said Milton Duty made his last will in
due form of law as alleged in plaintiffs
Petiton.
And defendant denies that by that
alleged Will or by any other legal mode
the said Duty did emancipate all his

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**Page 12** (6888_012.jpg)
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 the
said allegation in plaintiffs Petition.
Defendant denies that plaintiff has
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 rendered in his favour.

*John F. Darley
in proper person.
Thos. Harvey , Atty.
for heirs of Milton Duty.*
> *Legal Function: Affidavit*

Thomas Harvey the agent & Attorney
of defendant makes oath and says
that he believes the above answer
and the matters therein, as stated,
are true.

*Thos. Harvey . Sworn to & Subscribed this
17th April 1850
M. S. Cerre Clk .*

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

Lucina Duty V. John F. Darley. 1849, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60972