Milly v. Stephen Smith
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The defendant then proved that on the seventeenth day of Oc-tober eighteen hundred twenty six said Shipman then being a
resident of KentuckyKentucky & owning & possessing said
MillyMilly , executed the following mortgage which em-
braces said MillyMilly among other property enumerated
therein viz: (here set out the mortgage to SmithSmith )
that soon after executing said mortgage said
Shipman who was greatly embarrassed, took the
said MillyMilly with several other of his slaves and
went secretly, ran away, with them to IndianaIndiana,. Defendant likewise proved that
as security for, said Shipman, & after said deed, of emancipation was executed he he paid to the
Sheriff who had executions against him, the
claim of Levin Cooper & the claim of PollyPolly Rice,
mentioned in said mortgage amounting to the sum,
of six hundred thirty two dollars, fifty four cents, said ex-
cutions having issued after said Shipman had carried said MillyMilly
into IndianaIndiana.

It was proved that SmithSmith never
had possession of said MillyMilly till May in eighteen hundred twenty seven
aforesaid when he went to IllinoisIllinois & carried her
away as above setforth; and that said Ship-
man had always had possession of her during a
period of several years till said last mentioned

No other testimony material to the points of
law raised by the instructions was given on either side.