Milly v. Stephen Smith
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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 expressly understood & agreed upon between
the parties that said DavidDavid Shipman may and is hereby permitted to
retain and keep the possession of said land 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 thereof at their fair value and apply the proceeds thereof to the
payment of the liabilities & claims herein Enumerated or to the discharge
of a Judgement in favor of the Farmers and Mechanics Bank of
Shelbyville against said Shipman that in such case said Shipman
and SmithSmith will consent to said sale and make title to the property so
sold in which title said SmithSmith will release the lien hereby created
Witness the hands & seals of the parties the date aforesaid DavidDavid ,
Shipman Two Steph Smith Two ShelbyShelby county Court office Set:
this mortgage was acknowledged before me in my office on the
17th day of October 1826 by DavidDavid Shipman & Stephen SmithStephen Smith parties
thereto be their act & deed and thereupon the same was truly recorded
All Ja S Whitaker Clk ShelbyShelbyCounty CourtCircuit Court and the Court in its
Capacity aforesaid further says that soon after the Execution of the
said instrument called a mortgage said DavidDavid Shipman who was
then greatly Embarrassed in his pecuniary circumstances took
the said MillyMilly with several other of his Slaves and secretly with
intent to withdraw himself and property from said SmithSmith and other
creditors ran away with them to the States of IndianaIndiana and there in
JeffersonJefferson county in said State of IndianaIndiana Executed duly the deed of
Emancipation herein set out and acknowledged the same before a
Justice of the peace in the same state, the said MillyMilly being present
at the Execution of said deed of Emancipation which said deed
of Emancipation includes said MillyMilly as one of the persons therein
named as set free and is in the words and figures following to wit;
"The State of IndianaIndiana Jefferson CountyJefferson County Ss Be it Remembered that I
DavidDavid Shipman of Fallatin county State of KentuckyKentucky for divers
good causes me hereunto moving have and do by there presents
Emancipate and release from further service to me my heirs or
assigns forever my servant man MosesMoses a [ mulato ] aged about thirty
years also his wife [ MilleyMilley ] a mullato woman aged about twenty
Eight years with a small scar on or under her chin also her three
children to wit; AnnaAnna MariaMaria (aged seven years, Mary AnnMary Ann (aged