Milly v. Stephen Smith
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and Shipman called a mortgage was so Executed in Shelby CountyShelby County
in the State of KentuckyKentucky in which State both Shipman and SmithSmith
resided and the said MillyMilly was held as a slave by said Shipman
at the time of the Execution thereof which said Mortgage was acknow-
-ledged before and recorded by the Clerk of the County CourtCircuit Court of said
County of ShelbyCounty of Shelby on the day of the Execution thereof and said court
moreover finds that the following statute was passed by the Legis-
-lature of the state of KentuckyKentucky and went into operation in said
State on the Eighth day of February in the year one Thousand seven hundred and ninety Eight viz; sec, 28 all negro Mulatto or
Indian slaves in all courts of Judicature or other places within
this Commonwealth shall be held taken and adjudged to be real
Estate and shall descend to the heirs and widows of persons depar-
-ting this life as lands are directed to descend in and by an act of
the General assembly entitled âan act directing the course of descentsâ
Sec 29, Provided that all such slaves shall be liable to the payment
of debts and may be taken by Execution for that end as other
Chattels or personal Estate may be: sec 30. Provided also that no
such slave shall be liable to be Eschealed by reason of the decrease
of the proprietor for the same without lawful heirs but all such slaves
shall in that case be accounted and go as Chattels and other Estates
personal sec 31. no person selling or alienating any such slave
otherwise than by gift marriage settlement deed of trust or mortgage
shall be obliged to cause such sale or alienation to be recorded- sec 32
it shall and may be lawful for any person to sue for and recover
any slave or damage for the detention trover or conversion thereof
by action personal as might have been done if this act had never
been made- Sec 33. whenever any person shall by bargain and
sale either with or without deed, by his last will and testament in
writing or by any nuncupative will bargain, sell, dispose of, or bequeath
any slave or slaves such bargain sale or bequest shall transfer
the absolute property of such slave or slaves to such person or persons to
whom the same shall be so sold or bequeathed in the same manner
as if such slave or slaves were a Chattle, and no remainder of any
slave or slaves shall or may be [ limitted ] by any deed or last will and
testament in writing of any person whatsoever otherwise than the
remainder of a chattel personal by the rules of the common law can
or may be [ limitted ] except in the manner hereinafter mentioned and
directed. sec 34. where any slave or slaves have been or shall be con-
-veyed or bequeathed or have or shall descend to any feme Covert the