Legal Opinion

Durham v. Durham

Supreme Court of Missouri

Decided March 15, 1858PublishedCited by 1 opinion

Appeal from St. Louis Land Court. This was an action for partition of certain premises in the city of St. Louis. The petition asserts a common title in said premises in plaintiff, Hilary Durham [alias Dearing] and in the defendant, his mother, Henny Durham. Both plaintiff and defendant are free persons of color. Plaintiff claims title in himself and asserts the same in defendant, by descent, through Matilda Durham, a sister of plaintiff and daughter of defendant.

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Appeal from St. Louis Land Court. This was an action for partition of certain premises in the city of St. Louis. The petition asserts a common title in said premises in plaintiff, Hilary Durham [alias Dearing] and in the defendant, his mother, Henny Durham. Both plaintiff and defendant are free persons of color. Plaintiff claims title in himself and asserts the same in defendant, by descent, through Matilda Durham, a sister of plaintiff and daughter of defendant. Defendant, in her answer denies that said Matilda died seized of the premises, and alleges that said Matilda was her slave. At the…

1Opinion of the CourtScott, Judge

It is generally true that a slave can only be manumitted by pursuing the course adopted by the statute. If one is detained in slavery, and claims his freedom on the ground of his having been manumitted, that act should be proved with the necessary formalities in order to establish his right to freedom. It is not necessary here to go into an examination *510of the circumstances under which a deed of emancipation will he presumed. But the question as to the status of colored persons arises in various other suits than in those for freedom. We have free colored persons among us. They are subject to…

2Cases cited1 opinion

  1. Le Grand v. DarnallSupreme Court of the United States · 1829

3Cited by1 opinion

  1. Lewis v. HartSupreme Court of Missouri · 1863

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