Milly v. Stephen Smith
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six years years) and DavidDavid Shipman (aged fifteen months) and these
presents will make known that the above named slaves have been good
faithful servants to me and are of good, honest and industrious
habits, and I now do Expressly discharge the said slaves and set
them free in the State of IndianaIndiana from my my heirs & Executors
and administrators and from all other persons. In testimony
whereof I have hereunto my hand and seal at MadisonMadison in Indi
-ana this third day of October 1826.
DavidDavid Shipman seal Witness
present R C Tabbold. John Wambletonâ and said Court doth further
find that immediately after the Execution of said deed of Eman-
-cipation the said DavidDavid Shipman carried said MillyMilly to PeoriaPeoria County
CountyPeoria County in the State of IllinoisIllinois where he said DavidDavid Shipman then
settled with the intention of residing there permanently hired a
farm and stocked the same and declared that he meant to reside
there permanently and has ever since resided there; and that he
kept said MillyMilly there with the intention of making the same place
her [ domicil ] as well as his own: and that she resided with him
there from October or November Eighteen hundred and twenty six
till some time in May in the year Eighteen hundred and twenty seven at which latter time said Stephen SmithStephen Smith came thither and
took said MillyMilly secretly against her consent and the consent of
said Shipman and brought her to St LouisSt Louis claiming her as his
slave and holding her as his slave, when and where this suit for
freedom was commenced, and said court doth further find that
after the said deed of Emancipation was Executed the said StephenStephen Smith
SmithStephen Smith paid as Security for said Shipman to the Sheriff who had
Executions against him therefor, the claim of Levin Cooper and the
claim of PollyPolly Rice mentioned in the said instrument of mortgage above
set forth amounting to the sum of six hundred thirty two dollars
fifty four cents and that said Executions issued after said Shipman
had carried said MillyMilly into the state of IndianaIndiana as aforesaid, and
said Court doth further find that said Stephen SmithStephen Smith never had
possession of said MillyMilly till the month of May in the year Eighteen hundred and twenty seven aforesaid when he went to IllinoisIllinois and
seized and carried her away as aforesaid and that he claims her
as a slave under said deed of mortgage and in no other way, and
that said Shipman had always had possession of her during a period
of several years til said last mentioned time and the said court doth
further find that the aforesaid deed Executed between said SmithSmith