State of Missouri Circuit Court November
Term AD 1838
St. Louis County ss - To the Honorable Jake E
Judge of Said Court on
Chancery Sitting
Your Orator Samuel a man of color
humblycomplaining unto your
Honor
that about fifteen years past
your
Orator & his wifewerefree
persons & their
child Charity & grand child Mary
Daughter
of Charity slaves
belonging to the
Estate of William States & the
said Charity & her
child Mary wereThese
offered
for sale by the administrator as
of said Estate your orator
stated
that he & his wife felt at that time
great
anxiety to make such arrangements
as to secure the freedom of thin child &
Grand
child aforesaid but they were unable
at that
time to buy them that having
great confidence in the responsibility
&
integrety & human feelings of John and
William Ferrey whom
your orator prays may be
made defendants to this Bill he applied
to the said Ferrey describing to them his
feelings
& in relation to said
Charity
& his daughter & besaughtthem to
purchase
said Charity & her child Mary these about
a
year old
- your orator states that the
said Ferrey agreed with your orator
to
purchase said charity & Mary if they
could do so at a
reasonable price & to
hold them as
slaves untilsaid your
orator could pay them the
price for which
they should be sold which your orator
agreed to do
as soon as he could and as
soon as
said price was paid back
Fenneys agreed to transfer said Charity
& her future increase
& send Mary to saidyour
orator who agreed to
them at
the time of this agreement at
was
distinctly understood that the only
means
your, orator had of making payment
was by the Lahor of himself and
&
that said
Fenneys did not wish to make
any
specutation but that so soon as
said
Fenneys should be remunerated for
the price they should pay for
said
Charity & her child in there by the hereof
said
Charity many place by a your
orator or the salaries of said Charity or
by
any other means they were to relinquish
to your Orator for
the purpoes aforesaid
all claim to said Charity & her
future increase
and to said Mary
declaring that in
making the contemplated purchase all
they
offered was to be saved from Lap
and to save the cause of Liberty and
humanity - Your Orator says that soon
after this agreement &
understanding said
charity & her child wereoffered
for sale
at Public
auction to the highestbidder
that your Orator said Charity
& Child &
said John Fenney and many other
bidderswere
present - that the sale
Command & John Fenney was a
bidder
that among the bidderswas
Okland . That when said
Okland bid
said Charity proclaimed that she was
unwilling that any one should buy
her
but John & William Fenney - for they
had
aggreed to purchase her with a
to secure her freedom &
that of
her child - when this declaration
was made
John Fenney declared to the
bidders that his object in buying
said
Charity & Child was to provide for them
freedom
.He then bid for said Charity &
Child the sum of three hundred &
twenty five dollars the
object of said Fenney
appearing to
be
so human &
no one after this bid against him.
Said
Charity & her Child, whowere at
for the understanding that said
Fenney
intended to them at
the time
of said sale would have readily
haad to from five hundred to
seven
hundred Dollars. Your orator states that
he
& his wifeworked
hard & submitted to
great preventions to redeem these
said child
& grand child from slavery and paid
over to
said John & William Fenney who
bought
said slaves in partnership all
the money
they could acquire as fast
as they could make it untill they paid
said Fenneys for the redemption of
their
child & grand
child at different terms
the sum of two hundred & twenty nine
Dollars. Your
orator states, that he raised
& maintained Mary his grand
child from
the time he was about a year old until
she was old
enough to be servicable to said
Fenneys when they took of her
& put her to their. That said
Charity about two or
three years after the
Fenneys purchased had a child named
John now
living with John Fenney .
That while said Charity was unable to
Labor from pregnancy an shewas
sent to
your orator who cheerfully
nursed
& maintained her the
said
Fenneys should be
at as little trouble &
as probable with her child
&
that they would act
towards him withgood
faith. your orator States that
after the
birth of his grand son John he took him
& raied him untill he was able to be
useful to said Fenneys
when they took
of him & engaged him
in their
your Orator States that his
grand
daughter Mary is
married & has
latelygivenbirth to
a child which she has
last &
that during her sickness &
she was sent to your Orator to
be
supported & maintained Your Orator states
that said
Fenney sold said Charity to
one
for two hundred & fifty dollars
& that she
in. Your
orator States that said
Fenneys after
getting from him & his wife in cash
$229
and for the sale of said Charity
$250
amounting in all to the sum of $479
and
having your orators grand Children
Mary & John
supported & maintained
during the yours of them
& & maintained when they were
sick or
unable to work now claims said
Mary &
John as slaves for life & refuse
to bringthem to
your orator so that he
may themfor to them
themselves they can refuse to
refund the
maney paid by your orator as aforesaid
or in any
way
to pay him for rasing
& maintaining his grand children as aforesaid
nursing & taking
care of them
in all of which
&
are against equity & good
. Your orator says that it is not
in his nature to state particularly the dates
& amount of cash
payment made by him
to said Fenneys as aforesaid, nor the
time when they
sold Charity as aforesaid
Your Orator States that ssaid Fenneys sold
said Charity aginst his &
hundred
at impossible that the contract
between your orator & them could be performed
In consideration whereof & in
as
much as your orator is sum debts at
lawhe prays
the interposition
of this
court that said Fenneys maybesummoned
to
answer this Bill that they may be
compelled an there to
answer all the allegations of this Bill &
particularly the following
1 Were
you not in partnership in making the
purchase of Charity &
her child Mary as
isabove
stated
2 Did you not agree said said Samuel to
make said
purchase for the purposes as
above
stated if not what was said &
what was
the understanding between you &
said Samuel prior to
& at the time of said
purchase
3 Hasnot said
Samuel paid to you for the
purpose
in the Bill stated the sum of two
hundred & twenty nine
Dollars if not what
sum has he or his wife paid out the
amount & date of such payment
& the cause
or consideration for which it was paid
4 Have
you or of your any memorandum
or made in writing onhowyou
had any such in your in relation
with to
the Terms on which your purchased
said Charity & child
an of them or
of any payments made by
said Samuel on
any
one for for on amount of said
charity
or Mary or other of them
if so set further capus of any such memorandums
or entries if in
your or within
your power if not
state what were those
memorandums or entries to the
best of your
5.Did you not sell said charity to one
granted as above stated
& when & for what
sum If not to whom did you sill
her
did you sell as a slave for
or for
a term of years & for what sum
6.Has not said samul raised & maintained
his grand Daughter
Mary & his grand son
John in infancy while thus were
Have not you had then
them
over they were valuable. Has
not said Samuel supported &
mantained
said Charity Mary & his grand son John
generally whom they were sick or
unable
to work and have you not
had then seruns when you required them
as
stated we said Bill if not state
the whole truth according to the best
of
your knowledge & belief how long said
Charity mary
& John have serviced what
they would have
hered for during the times
they were in your service or under your
and what would be a resonable
compensation to said Samuel for his
support & manitance of said Charity
& her
children during infancy & see
& their inability
to labor
provided said
Samuel was intittled to pay therefore
7.Did not you or of you at the
sale
of charity & her child made as aforesaid
declare
to the bidders present that if you
brought
said Charity & her
child you
would secure to them then freedom
If not what did you say in
relation
to your in purchasing or the
freedom of Said Charity or
Mary or
other of
them
8.Did you not purchase said Charity &
Mary for the sum of
there hundred &
Twenty four Dollars if not for what
sum
did you purchased them
9 after it was understood that you cause
to secure to Charity
& Child their Freedom was there
any further bid against
you
10 Would
not said Charity & child
at the time of sale probably have sold
for a much larger sum than you
bid for them had you not stated your
intention of securing their
freedom
your prays that said
Fenneys
may be compelled to
said
children of said
charity me due form of
law or to bring them to your orator
so that he may them or if
this cannot be done that they may
be complled to refund to your orator
the sum of four hundred
and
Sixty
nine Dollars the and to
pay your orator a
reasonable compensation
for the support
& maintainance of his
daughter & her said
childern and of your
orator
has not prayed the proper relief
he prays for such further &
other relief
as he may be intelled to upon principles
of
equity & he willever
pray to
G A Bird Salinilon for
Complainant
No 501 S. Louis Circuit Court
November Term 1838.
Samuel
vs
John & William
Original Bill in
releif
Ther clerk
please upon a
summonds
Berrd for
Complaint
Filed Oct: 27th 1837 Jn. Ruland Clerk
County of St. Louis , Ss.
The State Of Missouri ,To the Sheriff of the County of St. Louis ... Greetings:
We command you to summond John Finncy and
William
Stinney if they be found in your County,
that they be
and appear
before the Judge of our Circuit Court , setting as a 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 second Monday
of November next, then and there to answer unto the Bill of complaint filed against them by Samuel
a colored man for
in the matter of his
children
to the damage of said
plaintiff
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 twenty fourth day of
October in the year of our Lord
eighteen
hundred and thiry eight. Jn.Ruland
Clerk.
Dismissed b y order of Court at complts cost Ch. Recd No 2 p 153
No 501. St. Louis Circuit Court
November Term 1838.
Samuel Stokes
vs
John Finney & Wm. Finney
in Chancery
Bird Complt.
Filed Oct. 27th 1838. Jn. Ruland ClerkW. by atty Bird
Executed this writ in the county of St Louis by reading
it to John
& William Finney on the 27th day of
October 1838 and by delivering a copy of the bills as
furnished by the clerk to John Finney
Service $2.00
Marshall Brotherton Sheriff
By J W Betty hoover Dpts
Shff