Instructions asked for by plff & refused
1 If the
Jury, find from the evidence in this case that
DavidDavid Shipman was in the legal possession of the plaintiff
at and
before the time he left KentuckyKentucky, & that he contin-
ued in
the legal possession of her in IndianaIndiana & IllinoisIllinois
& thus having the legal possession of her,he settled in
the State of IllinoisIllinois
&
resided, there
with the intention of making
that State the place of his permanent
abode, & the per-
manent abode of
said plaintiff, they are bound to find for the
plaintiff in, this
action.
2. If the
Jury, find that the deed of emancipation read
in
evidence in this case, was executed by said DavidDavid
Shipman, &
that said Shipman was at the time
of its execution lawfully in
possession of said MillyMilly
& was the owner of her except so
far as he had conveyed away
his right by his said mortgage to said
SmithSmith and in
evidence, they
are bound to find for the plaintiff
3. If the
Jury find from the evidence, that said Shipman
was the owner of the plaintiff & carried her with
him to the
State of IllinoisIllinois & settled there with the
intention of
making that State his
domicile, & the
domicile, of said MillyMilly , they are bound to
find
for the plaintiff.
4. If the
Jury believe from the evdience that said DavidDavid
Shipman was
the owner of said MillyMilly at the
time of the execution
of said mortgage to SmithSmith , & that said
MillyMilly never
was in the possession of said SmithSmith , but remained
in
possession of said
Shipman, & that he carried her
whereupon carried her
to IllinoisIllinois &
settled there with
her
& resided there with her with the
intention, of making that state his per-
manent
residence & the permanent residence of said MillyMilly
the
Jury, are bound to find for plaintiff.


