Milly v. Stephen Smith
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with their future, increase to him the said Stephen SmithStephen Smith
and his heirs forever, and the said DavidDavid Shipman
Covenants, that he will warrant the title thereof to the said
SmithSmith and his heirs against the claim of all persons what
-soever, rendered however subject to the following condi-
-tions that is to say that whereas the above named
DavidDavid Shipman is indebted, to the Commonwealths Bank
in about the sum of eight hundred dollars for which the
said Stephen SmithStephen Smith is secured as security and the said
Shipman is also indebted to the heirs of WilliamWilliam Cooper
in about the sum of six hundred dollars for which said
StephenStephen is bound as security in a replevin bond, also
indebted to ElijahElijah WarnerWarner in about the sum of one hun
-dred dollars and twenty dollars an execution in the
name of Helen for about one hundred & forty dollars
for which sums said StephenStephen is also bound as security
and is also indebted to said StephenStephen in his own, right
in about the sum of $20 . due by note. Now the lands
Chattels and Slaves aforesaid with their future increase
are hereby declared to be given in mortgage to secure
save, indemnify and pay the said Stephen SmithStephen Smith as security
and in his own right in the several sums of money, herein
before enumerated and mentioned, and it is hereby express
understood and agreed between the parties that said
DavidDavid Shipman may and is hereby permitted to retain and
keep possession of the said land and Slaves and other
Chattels with their future increase and to have the use
thereof subject however to the lien hereby created and should
said Shipman or the said SmithSmith at any time hereafter be able
to effect a sale of the land slaves & or any part of their fair value
and apply the proceeds thereof to the payment of the liabilities
and claims herein enumerated or to the discharge of a