Ellen Duty v. John F. Darly

Item

Ellen Duty V. John F. Darly. 1850, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60975

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Case Title: Ellen Duty v. John F. Darly
Series: Freedom Suits
Plaintiff: Duty, Ellen
Defendant: Darby, John F.
Date Filed: 1850-04
Filing Date: 1850-04
Plaintiff’s Attorney: Field, Alexander P.; Hall, David N.
Defendant’s Attorney: Harvey, Thomas
Court Name: St. Louis County Court
Court Term: 1850-04
Clerk: Cerre, M. S.
Cause of Action: Suit for Freedom
Case Notes: Estate of Milton Duty; plaintiff freed in Milton Duty's will.
Case Number: 18
Related Court Case Number: 06883; 06885; 06886; 06887; 06888; 06889; 06890
Related Project ID: ccr1849.06883.012; ccr1847.06885.012; ccr1847.06886.016; ccr1849.06887.012; ccr1849.06888.012; ccr1850.06889.012; ccr1849.06890.012
Identifier: ccr1850.06884.012
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Ellen Duty v. John F. Darly**

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**Page 1** (6884_001.jpg)
> *Legal Function: Complaint*

Ellen Duty Plaintiff
against
John F. Darly defendant In the Circuit
Court of St. Louis
County April Term
1850
County of St. Louis } ss.
The Plaintiff states that he is now and
has been for more than two years now
last past held in slavery by John F. Darly
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 said time a free person
that she has been confined and restrained
of her liberty by said defendant; that she was
formerly the slave of Milton Duty deceased;
that said Duty in the year eighteen hundred
and thirty eight died in the county of St. Louis
aforesaid; that before his death, 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 authenticated is herewith filed
the original not being in the possession and
under the control of the plaintiff; that of his
said will, said Defendant emancipated all his slaves
and among them the Plaintiff, that 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; wherefore
the plaintiff asks judgement of liberation
in her favor against the defendant and
all persons claiming under, buy or through
him or the said Duty.

*Field & Hall
Attys. for Plff.*

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**Page 2** (6884_002.jpg)
> *Legal Function: Affidavit*

State of Missouri
County of St. Louis ss.
Alexander P. Field
being duly sworn upon
his oath says that he has investigated the facts
setforth in the above and foregoing petition
that said petition and the matters therein
as stated he believes to be true.

*Sworn to and subscribed before
me this 15th day of November 1847
A P Field
M.S. Cerre Clerk.*
> *Legal Function: Certification of Filing*

Ellen Duty
vs
John F. Darly
Petition

*Field & Hall
Attys. for Plff.*

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**Page 3** (6884_003.jpg)
> *Legal Function: Petition to Proceed in Forma Pauperis*

To the Honorable Alexander Hamilton
Judge of the Circuit Court of St. Louis
County.
Your petitioner Ellen Duty
represents, that she is now held as a
slave in the city and County of St .
Louis and State of Missouri by John
F. Darly , as administrator 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 Milton Duty made
his last will and testament of which
he the said Duty emancipated certain
of his slaves and among them
your petitioner to who she then
belonged, was also emancipated by
said will; that not withstanding such
said emancipation, your petitioner has
been held in slavery up to this time
although all the debts against said estate have been fully paid
that your petitioner is a poor person
wholy without property or the means to
maintain her suit.
Wherefore your
petitioner prays for leave to sue as a
poor person for her freedom and that
your Honor will make an order in her
favor to that effectt; that she may 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 on account of this her application
for her freedom.

*Ellen herXDuty
mark*

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**Page 4** (6884_004.jpg)
> *Legal Function: Affidavit*

State of Missouri
County of St. Louis ss.
Ellen Duty
being duly sworn upon her oath
says that the facts set forth in the above
and foregoing petition are true.

*sworn to and subscribed
before me this 31st day of October 1849 Ellen herX Duty
mark
Peter W. Johnston Justice
of the Peace*
> *Legal Function: Order*

State of Missouri
County of St. Louis
Upon the hearing of
the above and foregoing
petition being of the opinion that the said
petition contains sufficient matter to
authorize the commencement of a suit
It is hereby ordered that the said petitioner
Ellen Duty have leave to sue as a poor
person; that she 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
that she be not subjected to any severity on
account of this her application for freedom.

*Nov. 15, 1849.
A. Hamilton
Jus. for 8th Judl . Cir . Mo.*
> *Legal Function: Caption*

Ellen Duty
vs.
John F. Darly
Petition

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**Page 5** (6884_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 the Estate 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 Mon
day of April next, then and there to answer unto
Ellen Duty of her petition for freedom hereto an
nexed.
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
24 day of Novr in the
year of our Lord eighteen hundred and forty
nine M.D. Cerrr Clerk
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
L.S*

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**Page 6** (6884_006.jpg)
April Term 1850 [illegible] for [illegible] for costs [illegible] 20 p 82 Nov. 2. 1850 Resignation of
Darley & app of Thomas Harvey admr - Ent 20 p 117 - Contd. 20 p. 341
Nov. 1851 Dismissed 7th March 1852. 21 p. 441
> *Legal Function: Certificate of Filing*

No 18
April Term 1850
St. Louis Circuit Court
Ellen Duty
vs. John F. Darley as admr. of the
Estate of Milton Duty decd.
Summons
Pet for freedom

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

State of Missouri
County of St. Louis ss
Upon the hearing of the above and
foregoing petition being of the opinion that the said
petition contains sufficient matter to authorize
the commencement of a suit.
It is hereby order
ed that the said petitioner Ellen Duty have leave
to sue as a poor person, that dhe have re
asonable liberty to attend her counsel and
the Court, as occasion may require that
she be not [illegible] removed out of the juris
diction of the Court and that she be not subjected
to any severity on account of this her application
for freedom Nov. 15.1849. A Hamilton
Judge 8th Judl . Cir . Mo.
a true copy attest

*M.S. Cerre Clk*
> *Legal Function: Certification of Filing*

|   |   |
|---|---|
| Terms | \$2 |
| Writ | 1 |
| Copy | 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 this writ and the
order [illegible] made by the Judge of the
St. Louis Circuit Court to John F. Darley Admr.
of the Estate of Milton Duty deceased
which he refused to hear, and by deliv
ering to said Darley a true copy of the
petition hereto attached.

*Fee \$2.00
Louis T. LaBeanme Shff
By Isaiah C. Brown Dpty.*

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**Page 7** (6884_007.jpg)
> *Legal Function: Certificate of Filing*

18
Ellen Duty
vs. Answer.
Jno. F. Darley . Admn.
Filed April 18 1850

*M. S. Cerre Clk.*

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**Page 8** (6884_008.jpg)
Sworn to & Subscribed this
17th of April 1850

*M. S. Cerre Clk*

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**Page 9** (6884_009.jpg)
> *Legal Function: Motion to Amend Order*

No. 18.
In the Circuit Court
St. Louis County
Nov. Term 1849.
Ellen Duty,
vs.
John F. Darley Admr.
of Milton Duty decd.
And now the defendant moves the court
to ammend the order heretofore made in this
case so that said petitioner be required to
give security satisfactorily to the Clerk of said
court for all the costs that may be adjudged
against her, or on failure thereof that
said petition be dismissed.

*John F. Darley
Admr.
and
Thomas Harvey
Agent for the heirs of
Milton Duty decd.*

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**Page 10** (6884_010.jpg)
> *Legal Function: Certificate of Filing*

No. 18
Ellen Duty
vs.
John F. Darley , Admr.
Motion for security
for costs.-

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

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**Page 11** (6884_011.jpg)
> *Legal Function: Answer*

Ellen Duty, Plaintiff
vs.
John F. Darley , Admr.
Defendant.
Circuit Court
St. 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 al
ways has been a slave - and as such
she now belongs to the Estate of Milton
Duty decd. - of which estate said Defendant
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
plaintiff is now and has been confined
and restrained by him of her liberty
Defendant admits that plaintiff was formerly
the slave of Milton Duty during his life time
and at his death she became as she is now
a slave belonging to the Estate of said Milton .
Defendant admits that said Milton Duty
died in St. 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
Petition.
And defendant denies that by

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**Page 12** (6884_012.jpg)
that alleged will or by any 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
ample fund is in the hands of the
defendant to pay the same. And therefore
defendant declines to answer said
allegation in plaintiff's petition.
Defendant denies that plaintiff has a
right to institute and to prosecute her
said suit as a poor person; and
that as said plaintiff has failed to com
ply 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 prose
cute the same.
Therefore defendant prays
that said petions be dismissed, or that
judgement be rendered in his favour.

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

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

*Tho Harvey .*

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

Ellen Duty V. John F. Darly. 1850, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60975