come the parties aforesaid by their respective attorneys aforesaid and neither
of the parties requiring a Jury all and singular the premises are by them
submitted to the Court and the Court sitting as a Jury doth find that on the
seventeenth day of October in the year Eighteen hundred and twenty six
one DavidDavid Shipman then being a resident of the State of KentuckyKentucky and
owning as his slave and possessing said MillyMilly the plaintiff Executed
the following instrument of writing which Embraces said MillyMilly
among other property enumerated therein which instrument then signed
likewise by said Stephen SmithStephen Smith is in the following words "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 receipt 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 ShelbyShelby County
CountyShelby County on Guisses Creek containing twenty six acres and upon which
said Shipmans Grist and Sawmill now stands also a negro man
named MosesMoses about 30 years of age one woman named MillyMilly 25
or 6 years old, one child called DavidDavid about 18 months old, HarryHarry
about 16 Years, Bill about 12 on 13 years old, SarahSarah about 27 years Old, EliasElias about 15 years old, Six head of horses one yoke of Oxen
& Cart, ten head of Cattle thirty head of Sheep, thirty head of hogs, Beds
and Furniture, household and kitchen furniture of every kind, farming
utensils and one Clock. To have and to hold the said land slaves and
chattels 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 will thereof to the said SmithSmith and his heirs against the
Claim of all persons whomsoever rendered however subject to the
following conditions that is to say that whereas the above named
DavidDavid Shipman is indebted to the Commonwealth's bank in
about the sum of Eight Hundred dollars for which the said StephenStephen Smith
SmithStephen Smith is bound 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 the said StephenStephen is bound as security in a replevin bond;
also indebted to ElijahElijah WarnerWarner in the sum of about one hundred and
twenty dollars, and Execution in the name of Helm for about two
hundred and forty dollars for which sums said StephenStephen is also
bound as security, and is also indebted to the said StephenStephen in his
own right in about the sum of two hundred & seven dollars due
by note now the lands, slaves and chattels aforesaid with their future
increase are hereby declared to be given in mortgage to secure save and