Caroline Duty v. John F. Darley

Item

Caroline 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/60976

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Case Title: Caroline Duty v. John F. Darley
Series: Freedom Suits
Plaintiff: Duty, Caroline
Defendant: Darby, John F.
Date Filed: 1849-10-31
Filing Date: 1849-10-31
Plaintiff’s Attorney: Field, Alexander P.; Hall, David N.
Defendant’s Attorney: Harvey, Thomas
Court Name: St. Louis County Court
Court Term: 1849-10
Clerk: Easton, Rufus; Fredderick, Thomas
Justice of the Peace: Johnstone, Peter W.
Sheriff: Cerre, M. S.
Cause of Action: Suit for Freedom
Case Notes: Estate of Milton Duty; plaintiff freed in Milton Duty's will.
Case Number: 23
Related Court Case Number: 06883; 06884; 06885; 06886; 06887; 06888; 06890
Related Project ID: ccr1849.06883.012; ccr1850.06884.012; ccr1847.06885.012; ccr1847.06886.016; ccr1849.06887.012; ccr1849.06888.012; ccr1849.06890.012
Identifier: ccr1850.06889.012
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Caroline Duty v. John F. Darley**

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**Page 1** (6889_001.jpg)
> *Legal Function: Petition to File in Forma Pauperis*

To the Honorable Alexander Hamilton
Judge of the Circuit Court of St Louis
County
Your petitioner Caroline Duty
respectfully 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 , the administrator of the estate
of Milton Duty deceased; that said Milton
Duty died in the county of St. Louis 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 by which the said
Duty emancipated certain of his slaves
and among them, your petitioner to whom she belonged was also
emancipated; that not withstanding
such said emancipation your petitioner
has been held in slavery up to this
time; Your petitioner further states that all of the debts of said estate have been fully paid. Therefore your petitioner
prays leave to sue as a poor person for
her freedom and that your Honor will
make an order in her favor to that effect
and that she may have reasonable liberty to
attend her counsel and the court as
occasion may require; thea she be not
removed out of the jurisdiction of the Court
nor subject to any severity on account of
this her application for her freedom.

*Caroline her X mark Duty
Caroline Duty*
> *Legal Function: Affidavit*

State of Missouri
County of St. Louis ss
being duly sworn
upon herewith says that the facts

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**Page 2** (6889_002.jpg)
set forth in the above and foregoing
petition are true

*Caroline her X mark Duty
Sworn to and subscribed before me this 31st day
of November October 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 said petition
contains sufficient matter to authorize the
commencement of a suit, It is hereby ordered
that the said petitioner Caroline Duty have leave
and be permitted to sue as a poor poor person
that she have reasonable liberty her counsel and
the Court as occassion may require; that she
be not removed out of the jurisdiction of the
Court and that she be not subjected to any
severity on account of this her application
for freedom.

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

Caroline Duty
vs
John F. Darly
Petition

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**Page 3** (6889_003.jpg)
> *Legal Function: Petition to File in Forma Pauperis*

Caroline 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 she is now and has been
for more than two years now lost 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 Miss
ouri; that she is now and has been during
all said time a poor person; that she nas
been confined and restrained of her
liberty by the defendant; that she was formerly the
slave of 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 said Duty, being then and
so continuing owner of the plaintiff as
his slave till his said decease, made his
las will in due form of law, a copy of
which duly authenticated is herewith filed
the original not being in the posession or
under the control of the plaintiff; that by his 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 in the hands of the
defendant to pay the same; Moreover the
plaintiff asks judgement of liberation in her favor against the defendant and all persons
claiming under by or through him or the
said Duty.

*Field & Hall
Attys for Plff*

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**Page 4** (6889_004.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 investiga
ted the facts set forth in the above petition
and that said petition and the matters

*A P Field therein as stated he believes are true.
Sworn to and subscribed before
me this 15th day of November 1849 M. S. Cerre clerk*
> *Legal Function: Certificate of Filing*

Caroline Duty
vs
John F. Darly
Petition

*Fields & Hall
Attys for plff Filed Nov 24th 1849
M S Cerre Clk*

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**Page 5** (6889_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 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
Caroline 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 Nov in the
year of our Lord eighteen hundred and forty
nine . M S Cerre 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
18

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**Page 6** (6889_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 1852 21 p 441
> *Legal Function: Certificate of Execution*

No. 23.
April Term 1851
St St. Louis Circuit Court
Caroline Duty
vs
John F. Darly
Summons admr.
of the Estate of Milton Duty
decd. Pet for freedom

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

State of Missouri County of St. Louis SS.
Upon hearing the above and foregoing petition being of the opinion that the saidpetition contains sufficient matter to authorize theCommencement of a suit, It is hereby ordered that the said petitioner Caroline Duty have leaveand be permitted to sue as a poor poor personthat she have reasonable liberty her Counseland the Court as occasion may require; thatshe be not removed out of the Jurisdictionof the Court and that she be not subjectedto any severity on account of this her applicationfor freedom. Nov. 15. 1849[?]

*A. Hamilton Judge
8th Judl. Cir Mo a true copy attest
M S Cerre Clk
Jury \$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 it and the order
made by the St. Louis Circuit Court to John
F Darly Administrator of Milton Duty decd
which he refused to hear and by deliver
ing to said Darley a true copy of the
petition hereto attached.

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

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**Page 7** (6889_007.jpg)
> *Legal Function: Summons*

No. 23.
Caroline Duty
vs.
John F. Darley , Admn.
of Milton Duty decd.
In the Circuit Court St. Louis County
Nov. Term, 1849 .
And now the said defendant moves the
court to amend the orders heretofore made
in this case to the end that said petitioner
be required 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** (6889_008.jpg)
> *Legal Function: Certificate of Filing*

No. 23
Carolina Duty
vs.
Jno. F. Darley , Admn.
Motion for security
for costs.

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

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**Page 9** (6889_009.jpg)
> *Legal Function: Certificate of Filing*

23.
Carolina Duty
vs.
Jno. F. Darley , Admn.
Answer.

*filed April 18th 1850
M.S. Cerre Clk*

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**Page 10** (6889_010.jpg)

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**Page 11** (6889_011.jpg)
> *Legal Function: Answer*

Caroline Duty, plaintiff
vs.
John F. Darly , 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
always has been a slave for life and as such
he now belongs to the Estate of Milton
Duty decd. of which Estate said Defend
ant says that he is now and has been
for more than two years last past the
Public Administrtor. And as such
administrator Defendant says that said plaintiff is
now and has been confined & restrained by
him of his liberty
Defendant admits that plaintiff was for
merly the slave of Milton Duty during his life
time and at his death he she became as
she now is 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 that alleged
Will or by any other legal mode the

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**Page 12** (6889_012.jpg)
said Milton 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 the 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 an
swer said allegations in the plaintiffs
petition.
Defendant denies that plaintiff has a
right to institute & prosecute his said suit
as a poor person; and that as said plain
tiff 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 per
mitted to prosecute the same.
Therefore Defendant prays
that said petition be dismissed or
that judgement be rendered in his favor.

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

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

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

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

Caroline 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/60976