This was action of trespass &c. under,
the Statute, brought by MillyMilly the Apps. against SmithSmith the
apple. to establish a right to freedom. The appellee pleaded
the general issue. Judgment was entered for the Appellee. From which the appellant appeals to this Court.

The facts proved at the trial one, that DavidDavid Shipman
a resident of KentuckyKentucky owned and was in possession, of the
appellant as a slave, that on the 17th. of October 1826 while
residing in KentuckyKentucky he executed a deed to said SmithSmith of
which a Copy is here given,noz. "This indenture, made
this 17th. day of October 1826 between DavidDavid Shipman of the
one part and Stephen SmithStephen Smith of the other part witnesseth
that the said DavidDavid Shipman for and in consideration of
the sum of one dollar to him in hand paid the of
which he doth hereby acknowledge hath granted bargained
and sold and by these presents doth Convey unto the said
Stephen SmithStephen Smith and his heirs forever a tract of land in
Shelby CountyShelby County on Guess's Creek containing 26 acres upon
which said Shipmans grist and saw mill now stands
also a Negro man named MosesMoses about 20 years of age, one
woman named MillyMilly about 25 or 6 years old, one child
called DavidDavid about 18 months old, HarryHarry about 16 years
Bill about 12 or 13 years old. SarahSarah about 27 years old,
ElizaEliza about 15 years old six head of horses one yoke of
Oxen & Cart, ten head of Cattle, 20 head of sheep, 20 head of
hogs, beds &, furniture, household and Kitchen furniture
of every description, farming utensils and one Clock.
So have and to hold the said land, slaves & Chattels