Milly v. Stephen Smith
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Commonwealth, of KentuckyKentucky
ShelbyShelby Circurt
Pleas, held before the honorable HenryHenry ,
Judge, of the Shelby, Circut Court
at the cour house in, the town, of
on the 23rd day of January 1826... Pramble

Levin, Cooper Plff
against.
DavidDavid , Shefman, Defts

In Covenant,

Be it remembered, that hereto,
for to wit, on the 23rd day of January 1826
the plaintiff by his attorney filed herein
the Clerks Office of the ShelbyShelby,Circuit CourtCircuit Court his declaration is covement
broken; which is in those words,. Shelby, Circuit Set, Levin,
Cooper Complains of David, Shepard, in custody, & of a plea of
covenant broken, for that whereas the said deft. on the 19th day of April 1824, at the circuit aforesaid by his certain, Covenant in,
Writing signed with the name and sealed, with the seal, of the
said defendant, which is to the court now here showm, the date
whereof is the same day & year, aforesaid, promised to pay to the
Plaintiff twelve months after the date of said writing, send on, two
hundred fifty Dollars in Commonwealth, Bank, notes, and
the plaintiff that the defendant hath, not kept, his
Covenant, but hath broken the same in this that he
did not twelve, months, after the date of the Covenant, send on
pay to the said plaintiff the said sum of Two hundred &
fifty dollars in Commonwealth Bank, notes, nor hath he at
any time paid to the plaintiff the said sum of Two hundred and
fifty dollars in Commonwealth, bank notes or in any manner
whatever whatever discharge, his said Covenant,. But the same to pay &
discharge the after by the Plaintiff, often, requested, so to do
the said defendant hath hitherto, altogether & refused
and still, doth refuse to the damage of the

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three hundred Dollars, Whereupon he sues

Woollock. Pg

Upon which declaration the following and
was issued to wit, The Commonwealth of KentuckyKentucky to the
Sheriff of Shelby CountyShelby County Greeting You are hereby Commanded
to take DavidDavid Shipman if he be found Within your Bailiwick,
and him safely Keep so that you have [ boddy ] before the Judge
of our Shelby Circuit court at the Courthouse in Shelbyville on
the first day of Our next February Term, To answer, unto Levin
Cooper of a plea of Covenant broken damaged $ 300
have then there this writ, witness SamuelSamuel Trivs clerk of
our said court this 23rd day of January 1826 and in the 34th year of the commonwealth

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. This is an action of covenant broken damage
$ 300 no, bail is required

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Pg

Upon Which the sheriff made the following viz; 6
Came to him the 26th day of January 1826 and executed
The 9th day of February 1826 on the within names DavidDavid
Shipman

M. G. Boyd Vs. for
Seth Cook S. S.

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The following is the note upon which this first was inst
ted viz. 6 Twelve months after date for value received
I promised to pay Levin Cooper, two hundred & fifty
dollars in Commonwealth bank note witness
my hand & seal this 19th day of Apl 1824.

First Sam. Walters

DavidDavid Shipman,

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Judgement

And afterwords To wit, at a Circuit CourtCircuit Court continued
and held at the court house in, Shelbyville,, for Shelby CountyShelby County, on Tuesday
27th, June 1826; Came as well the plff. by his atto. as
the Defendant in his own proper, person, Who by consent,
of the plff, and by leave, of the Court, Confess Judgment
for the sum of two hundred & sixty seven dollars & 50 cents
and costs,. It is therefore considered by the Court that the
plaintiff recover against the Defendant the sum of two hundred and Sixty seven dollars & 50 confessed as aforesaid
and also his cost about his suit herein expended and the
Defendant in & . and by consent, it is ordered that
notes in the Bank of the Commonwealth of KentuckyKentucky, and
its Branches shall be received in discharge of this Judgment.-

Execution

And afterwords towit on the 27th day of July 1826. the following
Execution was issued upon the foregoing judgement,
The commonwealth of KentuckyKentucky,, To the Sheriff of ShelbyShelby County
CountyShelby County Greeting: We command you that of the Estate
of DavidDavid Shipman late, of your bailiwick, you caused to
be made the sum of Two hundred & Sixty seven dollars and
fifty cents, which Levin Cooper lately, in our ShelbyShelby,
Circuit CourtCircuit Court , recovered against him for Damages also
$ 619 . which in the Same Court was adjudged to the
said Levin, Cooper for his Costs in that suit expended;
Whereof said DavidDavid Shipman, is convict, as appear to
us of record; and that you have the Same before the judge
of our said Court at the Court house in Shelbyville, on
the rule day day to be held in the Clerks Office

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on the Saturday succeeding, the third Monday in September
next,, to render, to the said Levin Cooper at the
damages and costs aforesaid; and have then there, this
writ. Witness SamuelSamuel Tevis,, Clerk of our said court
this 27 day of July 1826, and in the 35th year of the
Commonwealth

Saml. Tevis,.

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I certify that notes and, the Bank of KentuckyKentucky or other,
of its Branches, and notes on, the Bank of the Commonwealth
of KentuckyKentucky and its, Branches, will, be received
in discharge of this execution

Saml Tevis C.

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Return

Came to hand the 7th day of August 1826 at 10 Oclock
A. M. Service and , in Bond returned, with
this execution to the Clerks Officer of the Shelby CircuitCircuit Court
CourtCircuit Court .

W. G Boyd D. . for Seth, Cook
P.M.

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Bond

This following is the in Bond mentioned in the foregoing
Returns Know all men by these, presents, that we,DavidDavid
Shipman and Stephen SmithStephen Smith and held, and firmly, bound,
into Levin, Cooper in the Sum of five hundred and Sixty
two dollars, to the payment of which, well and truly to
be made, we bind, ourselves,, our heirs, our executors and
administrators, firmly by these presents, given under our
hands and seals this 21st day of August 1826.

Whereas a writ of hath issued from the office
of the Circuit CourtCircuit Court of ShelbyShelby County, CountyShelby County, in the name
of said Levin, Cooper against the estate of the above
bound DavidDavid Shipman, for the sum, of two hundred

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and Sixty Seven dollars and fifty cents damages six
dollars, nineteen, cents costs, dated the 27th day of July 1826 to the September of our said
Court next ensuing,, directed to the Sheriff, of ShelbyShelby County
CountyShelby County, which hath been served, on the Estate of DavidDavid
Shipman by W.G Boyd, deputy, for Seth, Cook Sheriff
of Shelby CountyShelby County, and the said DavidDavid
prayed, a , which is granted, him, and his estate,
restored,, on entering into this bond with the said StephenStephen Smith
SmithStephen Smith his security: Now the condition of the foregoing
obligation is such, that if the above bound DavidDavid Shipman
and Stephen SmithStephen Smith or any of them, do well and truly pay
the said Levin, Cooper, the aforesaid Sum of Two hundred
and Sixty Seven dollars, fifty cents damages, six dollars
nineteen cents costs, and Six dollars eighty one cents the
Sheriffs half commission, and fifty cents for taking this
bond, amounting on the whole to Two hundred and Eighty
one dollars within three months from the date hereof,
with Interest thereon at the rate of Six ,
annum,, then this obligation to be void,, else remain in
force and virtue,.

DavidDavid Shipman

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Stephen SmithStephen Smith

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$ 281.001
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W G Boyd, D.S.for
S,. Cook, S.S.C.

Upon which bond the following execution was issued
towit,. The Commonwealth of KentuckyKentucky, to the Sheriff of
Shelly County Greeting, We command you that of

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the Estate of DavidDavid Shipman Stephen SmithStephen Smith late of
your bailiwick, you cause to be made the sum of $562 to be discharged
by the payment of Two hundred and Eighty one
dollars with interest, thereon, at the rate, of six percent,
per annum from the 21st of August 1826. Which Levin,
Cooper lately in our ShelbyShelby,Circuit CourtCircuit Court recovered
against them for debt, & Interest also cents, which
in the same Court was adjudged, to the said Levin,
Cooper for his costs, in that suit,, whereof
the said DavidDavid Shipman & Stephen SmithStephen Smith are convict,,
as appears to us aforesaid: and that you have, the same
before the judge of our said Court at the Courthouse,
in Shelbyville,, on the day to be held, in the Clerks,
Office, on the Saturday, preceeding, the third monday in
January next, to render, to the sd Levin Cooper of the
Debt,, Interest and costs aforesaid, and have, then [ their ]
this writ,, Witness,SamuelSamuel Tevis, Clerk of our said
Court, this 24th day of November 1826 and in the
35th year of this Commonwealth.

Execution

Saml Tevis C.

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Commonwealth of KentuckyKentucky

Shelby, Circuit, Sct. I SamuelSamuel Levis, Clerk of the ShelbyShelbyCircuitCircuit Court
CourtCircuit Court in the Commonwealth afsd, do certify that the forgoing
six pages inclusive, contain a full, true &, complete transcript,
of the record, and proceedings had in the suit, between
the parties therein named as fully as the same
of record, in my Office, In Testimony whereof I
have hereto set my hand,, and caused,
the seal of said Circuit to be, hereto affixed,
at Shelbyville, this 25th day of November 1826 in the 35th. year of the Commonwealth

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Saml Tevis C.

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ShelbyShelbyCounty CourtCircuit Court Office Sct.

This mortgage was knowledged before
me in my Office on the 17th, day of October 1826. by
DavidDavid Shipman & Stephen SmithStephen Smith parties that be
their and and the recorded,

Att. , S. Whitaker,, Ck

Shelby CountyCircuit Court CourtCircuit Court ,
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David Shipman
to
Stephen SmithStephen Smith
24. a. Land
1826 U. O. Oct. 17th
A & a R

mortgage

Recorded Boch N
page 24. Vs.
Examined
. Whitaker,
Shelby,County CourtCircuit Court

(A)

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Commonwealth of KentuckyKentucky
Shelly Circuiit.
Sct

of the
Judges in & for the Commonwealth afore,
said, and, the, presiding, Judge
of the Shilby CircuitCircuit Court ,CourtCircuit Court , do certify
that the above
of SamuelSamuel Tevis, who is, and was, at, the
of said , the Clerk of the
said court, is in testimony,
whereof I as Judge of said court have,
hereunto, set my hand this 11th day of april 1827.

HenryHenry Davidge
Judge,

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Levin Cooper
vs.DavidDavid Shipman
Com Tram

Clerk, fee $ 1.50
on sat 50
$2.00

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St. Louis Circuit CourtCircuit Court

For the July Term thereof in the year one thousand eight hundred and twenty seven

County of St LouisCounty of St Louis. MillyMilly a free mulatto, woman held in slavery & permitted to sue
by SpaldingSpalding , counsel assigned her according to law, complains of Ste
phen SmithSmith of plea of Trespass. For that the said defendant
heretofore to wit on the first day of January in the year of our Lord one thousand eight hundred and twenty seven within the county aforesaid an assault did make
upon said MillyMilly with force & arms, &c., and then and there
beat bruised and ill treated the said plaintiff and then and
there imprisoned her said MillyMilly and kept and detained
her in prison there for a long time to wit for the
space of one month then next following & hitherto,
and said MillyMilly that before and at the time of
committing said grievances, she was and still is a
free person, and that said defendant held and
detained her and still holds and detains her in slavery.
To the damage, of said plaintiff of five hundred dollars
and therefore she brings her suit, &c.


for plff

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County

County of St Louis
This State of MissouriMissouri

To the Sheriff of said County Greeting

We command to summon Stephen SmithStephen Smith that he be and appear before
the Judge of our Circuit CourtCircuit Court at the next term thereof to be held at the
City of St LouisCity of St Louis within and for the county of St LouisSt Louis on the Fourth
Monday of July next then and there to answer unto MillyMilly a free Mullatto
woman held in slavery who is permitted by the court to sue as a poor
person of a plea of trespass to the damage of said plaintiff of Five hundred
dollars and have your then there this writ

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Witness Archibald GambleArchibald Gamble Clerk of our said court
at office this Ninth day of May on the year 1827

Archibald GambleArchibald Gamble Clerk

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And the said StephenStephen by GeyerGeyer , his attorney
comes & defends, the force & injury, when,
says that, he is not guilty, in manner & form, as
the plaintiff hath above thereof complained
against him & of this the puts himself upon,
the country

GeyerGeyer

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Plea Filed July 27th 1827

Ag Clerk

Executed this writ on Stephen SmithStephen Smith by reading
to him, the writ, declaration and the order of the
Judge on the petition May 9th 1827.
in the city of St LouisSt Louis

service $1.00

ThompsonThompson

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No 14

July Term 1827

St. Louis Circuit CourtCircuit Court

MillyMilly
vs
Stephen SmithStephen Smith

Narr.

Trespass assault & battery
for freedom.

J SpaldingJ Spalding atty

Filed 9th May 1827

Archibald GambleArchibald Gamble Clerk

The jury find for
the Defendant M Smith foreman
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State of MissouriMissouri
County

NathanNathan Dillon being sworn saith that he
is acquainted with MillyMilly , HarryHarry Dick ,DickHarry Dick , William, David Shipmen,
& an infant child of said MillyMilly not having as yet any name who,
are now in the jail of St Louis County and are claimed as slaves,
by one StephenStephen Smith ,SmithStephen Smith and are colored persons,: that
slaves came to County now set off into Farewell, County in IllinoisIllinois, some
time last fall in company with DavidDavid Shipman, their former master, and have
rended there ever since, untill Friday, the 4th of this present
month when they disappeared and this deponent has
since discovered that they were seized and carried away
by one StephenStephen Smith ,SmithStephen Smith , that this deponent saw said
SmithSmith , in said Farewell, County in January last &
heard conversations between him and said DavidDavid Shipman,
in which said SmithSmith , admitted that he had never
had possession of the black persons above but said
he had a mortgage on them: said Shipman offered
to come to an immediate settlement with him
and would endeavor, to pay what might turn out to be due and
said Shipman then and there told, said SmithSmith
that he SmithSmith knew that he Shipman had
property enough remaining in KentuckyKentucky, to pay
anything that might be due, him ; to which said
smith made no reply, nor
did he deny, that such was the fact, but said it was
the negros that he wanted. This deponent further saith
that said SmithSmith while at said PeoriaPeoria, (now) Farewell, County on that
occasion got possession of said negroes, and they were set
at large by some order or proceeding of the Circuit CourtCircuit Court said
SmithSmith then left that part of the Country, and as deponent
supposes went to KentuckyKentucky, and this deponent saw,
nothing of said SmithSmith until Tuesday the 8th instant, when
he found him in posssession of said slaves in the CityCity of St Louis
of St LouisCity of St Louis with several other persons apparently assisting him. This
deponent came in prusuit of said smith in conse,

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quence of having heard that he had seized upon said negroes
and carried them away. Deponent says moreover that
said Shipman when he first came to said PeoriaPeoria
county in IllinoisIllinois, said that black persons were
free, and that said blacks did countinue to go at
large and act as free persons while they were
there: He says further that said shipman has settled
himself permanently in said PeoriaPeoria (now) Farewell
county as he said Shipman says; and that this spring
said Shipman a farm there and is now at
work there making a crop; and as he said, meant
shortly to go to KentuckyKentucky to bring out his wife, De
ponent says, furthermore that, she understand from
both said Shipman & SmithSmith , that said SmithSmith
is the nephew of said Shipman, & was mostly raised
in said Shipmans family; and further, Deponent has
always understood from said Shipman that he Ship-
man has no children, and that therefore he meant his
negroes should be free, said Shipman is an old man
and very weakly and frequently unable to ride said
Shipman has told this deponent that he Shipman was worth
several thousand dollars over and above any debt he
might awe, Deponent furthermore says that he is of opinion
that said pretended slaves will be removed by said SmithSmith
out of the Jurisdiction of this St. Louis Circuit CourtCircuit Court unless, he is re-
strained by some process of a Court

NathanNathan Dillon

Sworn to & subscribed
before me this 9 May 1827.
WillWill C. CarrCarr

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To the Honourable WilliamWilliam CarrCarr Judge of the St. LouisCircuit Court
Circuit CourtCircuit Court.

The Petiton of MillyMilly a free mulatto woman
Harry DickHarry Dick a free black man or negro. WilliamWilliam a black
negro boy aged about twelve years, DavidDavid Shipman a Mulatto
boy, aged about three or four years and an infant child of
said MillyMilly represents that your petitioners were heretofore
the slaves of our DavidDavid Shipman who, formerly resided
in KentuckyKentucky; that said DavidDavid Shipman some time
in the fall of the year one thousand eight hundred and twenty six removed from KentuckyKentucky taking your petition
ers with him & went to the state of IndianaIndiana; that
there said DavidDavid Shipman about the thirtieth day of October in the same year executed deeds of emanci-
pation of all your petitioners according to the laws
of that State, that immediately afterwards said Da-
vid Shipman accompanied by your petitioners went
to Farewell County in the State IllinoisIllinois where he has located himself
has rented, a farm, and has settled there with an in-
tention of residing there and making that place his
permanent residence and domicile: that your peti-
tioners resided in the same place exercising their
freedom without the control of any person, until
some, time in January last when one StephenStephen Smith
SmithStephen Smith seized your petitioners pretending they were
his property, and attempted to take them away, but
your petitioners were discharged from his custody by
the Circuit CourtCircuit Court , your petitioners were then free
and unmolested, and coutinued to reside with their
late master DavidDavid Shipman, till the night of the
fourth day of this present month, when they were
again seized by said SmithSmith assisted by others and

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violently taken away in the night time, and carried
by compulsion to the City of St. LouisCity of St Louis in the StateMissouri
of MissouriMissouri, To herefore your petitioners say they
are free and pray that they and each of them
may be permitted to sue as paupers to establish
their freedom and that said Stephen SmithStephen Smith who
is now in said City may be made defendant in
said suits; your petitoiners state moreover that none of
them have ever been in possession of said SmithSmith
except as above stated.

Miley

David Shipman
WilliamWilliam

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St. Louis County Before WilliamWilliam C CarrCarr , Judge of the St. Louis Circuit CourtCircuit Court
at ChambersChambers , this month of may 1827.

On reading the within petition and the annexed affidavit and
being of opinion that said petition contains sufficent matter to
authorize the commencement of suits for freedom in the name
of each person within named claimed as a slave it is ordered that
said MillyMilly , Harry DickHarry Dick , William & David Shipman be permitted to sue
as poor persons to establish their freedom respectively and that Jo
siah SpaldingSpalding the assigned as their Counsel. It is further ordered that
the said petitioners have reasonable liberty to attend their said Coun-
sel & the Court when occasion may require and that said
petitioners shall not be taken or removed out of the Jurisdiction
of the St. Louis Circuit CourtCircuit Court where said suits are to be com-
menced, nor shall be subject to any severity on account of their
application for freedom, and being satisfied that the said petitioners
are about to be removed out of the Jurisdiction of the St. LouisCircuit Court
Circuit CourtCircuit Court it is further ordered that the within named Ste-
phan SmithSmith (who is to be made defendant in said suits

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shall enter into a recognizance with a sufficient security
conditioned that the petitioners shall at all times du-
ring the said suits have reasonable liberty of attending
their Counsel; and that said petitioners shall not
be removed, out of the Jurisduction of said St. LouisCircuit Court
CircuitCircuit Court CourtCircuit Court. And it further appearing that
said SmithSmith refuses to enter into said recogni-
zance it is hereby ordered that the Sheriff of St. Louis
County take possession of the petitioners and hire,
them out to the best advantage from time to time
during the pendency of said suits and that he take
a bond from each person hiring any of said
petitioners in the penalty of three hundred dollars
for each person hired out exclusive of the infant
conditions according to law.

Given, under my hand the day &
year above written,

WillWill . C. CarrCarr
Judge 3. J. Circuit

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14

July Term 1827

Petition of MillyMilly & others
to sue for freedom & orders,
thereon

Filed 9th May 1827

Arch GambleArchibald Gamble Clerk

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MillyMilly (a woman of Colour)
vs
Stephen SmithStephen Smith
suit for Freedom in
the St. Louis Circuit CourtCircuit Court
DavidDavid Shipman (Mulatto Boy)
vs
same
Same
Harry DickHarry Dick (negro man)
vs
same
Same
William/negro Boy
vs
same
Same

The above named MillyMilly - DavidDavid Shipman
Harry DickHarry Dick , & WilliamWilliam - will take notice
that I shall attend at the house of
RobertRobert Branham in the town of Shelbyville
county of ShelbyShelby and State of KentuckyKentucky, on the
the twenty seventh twenty eighth and twenty
nineth days of June 1827, and between
the hours of eight of the forenoon and
six of the afternoon of each of those days
take the depositions of witnesses, in each
of the above causes to be read on my
behalf at the trial thereof St. LouisSt Louis
1st June 1827

Mathew Smith
by GeyerGeyer his
by GeyerGeyer his
attorney,

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The sheriff will
serve the within, by
on each of the plaintiffs
and their attorney
Josiah SpaldingJosiah Spalding

GeyerGeyer

to be served without,
delay

I acknowledge service of the
within notice. 1. June 1827J SpaldingJ Spalding ,
atty of plffs

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State of MissouriMissouri,
County Of St. LouisSt Louis, Sct.

To any Judge or Justice of the Peace of the State of IllinoisIllinois
...Greeting.

We, reposing special trust and confidence in your integrity and circumpsection, do require and command you that you
cause to come before you such person or persons as shall be named to you by MillyMilly her
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court , for the
county of St. LouisSt Louis, wherein said MillyMilly is plaintiff and Stephen SmithStephen Smith
is defendant on the part of the said plaintiff and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission enclosed under your
seal, to our said circuit court, with all convenient speed.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this Twentieth day of August in the year of our Lord, one thousand eight hundred and twenty seven

Archibald GambleArchibald Gamble Clerk, C.C.

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MillyMilly vs
Stephen SmithStephen Smith
St. Louis Circuit CourtCircuit Court

July Term 1827

On Motion of the attorney for the said plaintiff it is ruled that
a Dedimus issue to any Judge or Justice of the peace of the State ofIllinois
IllinoisIllinois to take the depositions of witnesses to be read in Evidence
in the trial of the above cause on the part of the said plaintiff

A True Copy of the Order

Archibald GambleArchibald Gamble Clerk

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MillyMilly vsStephen SmithStephen Smith

Suit for freedom in St. Louis Circuit CourtCircuit Court
Take notice that on the 27th, & 28th. and 31st
days of this present month & on the 13th, 14th, & 15th and 20th, day
of September next between the hours of eight o clock in the forenoon
and six o clock in the afternoon of each of those days at the
dwelling house of John LJohn L . Bogundus in the village of PeoriaPeoria in
the County of PeoriaCounty of Peoria in the State of IllinoisIllinois, I shall take the deposition of witnesses to be read on the trial of the above
entitled care on behalf of the plaintiff. August 13th 1827

To Stephen SmithStephen Smith above deft.

MillyMilly by her
attorny J. SpaldingJ Spalding

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St Louis Circuit CourtCircuit Court

MillyMilly suing for freedom
vs
Stephen SmithStephen Smith

Dedimus

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State of MissouriMissouri,
County Of St. LouisSt Louis, Sct.

To any Judge or Justice of the Peace of the State of KentuckyKentucky
....Greeting.

We reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by Stephen SmithStephen Smith his
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court , for the
county of St. LouisSt Louis, wherein MillyMilly is plaintiff and Stephen SmithStephen Smith
is defendant on the part of the said defendant and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission enclosed under your
seal, to our said circuit court, with all convenient speed.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this Twentieth day of August in the year of our Lord, one thousand eight hundred and twenty Seven

Archibald GambleArchibald Gamble Clerk, C.C.

St Louis Circuit CourtCircuit Court
July Term 1827
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MillyMilly
vs
Stephen SmithStephen Smith

On motion of the attorney for the said Defendant it
is ruled that a Dedimus issue to any Judge of Justice of the Peace of
the State of KentuckyKentucky to take the depositions of witnesses to be read
in Evidence in the trial of the above cause on the part of the said
defendant.

A True Copy of the Orders

Archibald GambleArchibald Gamble Clerk

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S. Smith

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The execution, of the within,
will appear by the J SpaldingJ Spalding
of John Shipmen,HenryHenry Shipmen,WilliamWilliam ,
Gregory Burns B Knight
> S.Wholkgeyer
McKnight & WilliamWilliam G.Boyd

JamesJames Young
J. S.C.

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MillyMilly
vs.
Stephen SmithStephen Smith

Suit for freedom in St. Louis Circuit CourtCircuit Court

Take notice that on the 27th, & 28th and 31st
days of this present month & on the 13th, 14th, & 15th and 20th day of September next between the hours of eight o clock in the forenoon
and six o clock in the afternoon of each of those days at the
dwelling house of John LJohn L . Bogandus in the Village of PeoriaPeoria in the County of PeoriaCounty of Peoria in the State of Il-
linois, I shall take the
deposition of witnesses to be read on the trial, of the above
entitled case on behalf of the plaintiff. August 13th 1827

To Stephen SmithStephen Smith above deft

MillyMilly by her
attorney J. SpaldingJ Spalding

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[missing figure]

MillyMilly
vs
Stephen SmithStephen Smith

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[missing figure]

Served a Copy of the within notice on HenryHenry
S.Geyer Aug 22nd 1827 in the City ofCity of St Louis StCity of St Louis, LouisCity of St Louis

JnoJohn Simonds Jr SimondsJohn Simonds Jr JrJohn Simonds Jr Dpy. Sheriff

Service $ 0,50
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[missing figure]
MillyMilly (a, woman of color
vs
Stephen SmithStephen Smith

An Action of trespass,
for the recovery of freedom
in the St. LouisSt Louis Cir-
cuit Court wherein
you are plaintiff and
I am defendant

To the above named plaintiff

Take notice I shall commence, on the first day of October next to take [ dippositions ] of Witnesses
between the hours of eight O clock in the fore
lnoon
and five O clock in the afternoon
of the same day at the office, of GeorgeGeorge Woolfork
in the town of Shelbyville, State ofKentucky KentuckyKentucky,
and shall continue to take the same from
day to day [ untill ] completed,. Which [ dippostitions ],
will be made, in evidence, in the
suit, now depending in the St. LouisCircuit Court
Circuit CourtCircuit Court wherein you are plain-
tiff and I am defendant, at which time
and place, you may attend
if you think
proper,

Stephen Smith

August 20th 1827

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[missing figure]

MillyMilly
vs S Smith

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[missing figure]

A copy of the within notice was deliverd to MillyMilly a woman
of colour, Augt 21. 1827.

R SimpsonR Simpson Shf

Service, $ - 50.
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[missing figure]
WilliamWilliam
vs
StephenStephen Smith SmithStephen Smith ,

a copy of notice similar to the within,
was also delivered to WilliamWilliam , a person, of
colour Augt 21, 1827.

R Smipson Shff

$ - 50
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[missing figure]
DavidDavid Shipman,
vs
Stephen SmithStephen Smith

a copy of notice to take deposition,
similar to the within, was
delivered, to DavidDavid Shipman,Augt 21, 1827

R SimpsonR Simpson Shff

$.50
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[missing figure]
HarryHarry Dick DickHarry Dick ,
vs
Stephen Smith

A copy of notice to take
depositions,, to the
within undelivered to Harry DickHarry Dick , Augt 21 1827.

R SimpsonR Simpson Shff

Service $.50
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[missing figure]

State ofKentucky KentuckyKentucky,
ShelbyShelby County, CountyShelby County.

Depositions of witnesses, produced sworn, and
examined at the house, of RobertRobert ,Breham
Town of Shelbyville,within in the County ofCounty of Shelby ShelbyCounty of Shelby, and
State ofKentucky KentuckyKentucky, before me JamesJames , Young
one, of the Justice of the peace, in and, for
the County ofCounty of Shelby ShelbyCounty of Shelby, Commonwealth, of
KentuckyKentucky, duly commissioned, and qualif
-ied,
as such in a certain, cause, now
depending, in the StSt Louis, LouisSt Louis circuit, court
State of MissouriMissouri between MillyMilly a woman
of color plaintiff, and Stephen SmithStephen Smith
Defendant. On the part, of the Defendant

John Shipman, of Lawful age
being produced sworn, and examined
on the part, of the Defendant deposith,
and saith. That he has lived a near
neighbour to DavidDavid , Shipman, who was the
Master, of a colored, slave named MillyMilly
that he is the Brother, of said DavidDavid Shipman, knows him and all his
slaves, for the last, six years- MillyMilly is
woman above 27 or 28 years of age
yellow complexion, of ordinary, stature,
neat, & cleanly, in her dress, & appear
ance. She had there children,
are above seven years old yellow
complexion. MaryMary above 5 years
old yellow complexion,- Davy,
above one year or 18 months old yellow
complexion, very, black, & large of

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[missing figure]

2 his age- In speaking, of the ages I have
[ refference ] to the time, they my negroe,
in the spring, 1836 at which him
they were removed to Balalm County, by
MyBrotherDavidDavid , after which time,
I saw them but seldom. I have heard
my Brother DavidDavid Shipman, say, that
the Deft,StephenStephen Smith ,SmithStephen Smith was found as recently for him for
cause sums, of money, which
look peace some[ shal ], him before
he left, KentuckyKentucky, with,[ there ] slaves
& others,_ He left, the state recently,
having his wife, and son,
some, behind. It was not known
by me altho, I lived, in, sight, of his
house, when he left, his master. When
he was going nor do I believe, it was
known where he intended, to go. His
deposition destination, was not known when,
after he was gone, some, days _
He was very much underaged.
his land, in my neighbourhood & any,
him sold, under execution a share
are provisions, to his deposition
I also know never the husband, of MillyMilly
above 34 years old about six, feet, high,
yellow complexion, slave baby fellow,
HarryHarry about 17 years old dark,
complexion, above five, foot, 10.or 11
inches, high then slavery
when or _ Belly about 12 or 15 years old dark complexion,
a scar, or his jaw__ boys head_
eyes about five, feet, high then

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[missing figure]

3 Rany belong to & man in the possession, of
DavidDavid Shipman when he left KentuckyKentucky,
The said Shipman, left me as his
remedy to pay some debts, of his
The executionwhich under which his
Land was saved was not satisfied_ Whoslaves
was afterwards, taken & sold, which
that a ball a besides, other judgement,
ought DavidDavid Shipman, to a considerable,
amount,

He Raly that he knows
the hand writing, of the said DavidDavid he,
has often seen, him with,_ that he,
has examined a mortgage, (Mauli A
this day produced to him GeyerGeyer with
the names of DavidDavid Shipman & J Stephen,
Smith dated,17 day of October 1826
and on the same day admitted, to
record in the ShelbyShelby County, CountyShelby County court, as appears
by the certificate, of Ja.SWhelaker
clerk, of said court at the foot, of said
message and he, has no
in stating the name of DavidDavid Shipman, to be in, the hand, writing,
of said DavidDavid - Shipman

John Shipman,.

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[missing figure]

I JamesJames Young a justice, of the peace, in
& for the county, of ShelbyShelby StateKentucky, ofKentucky KentuckyKentucky,
do hereby behalf certify, that John Shipman,
the deponent was by me, sworn to testify
the whole truth, of his knowledge touching
the matter in controversy in the cause
aforesaid That Deponent was examined
and his examination reduced, to writing,

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[missing figure]

4 and subscribed by said deponent in my presence
on the 10th day of Sept in the year 1827
between the hours of Eight in the forenoon &
six of the afternoon at the hour, of
BalalBrenham in the town of Shelbyville,
in the county of ShelbyShelby, state of KentuckyKentucky,
signed, & certified, this 10th day of sept 1827-

JamesJames Young P.S.C

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[missing figure]

HenryHenry ,Shipman of Lawful age
being produced sworn & examined, on the
part of Defendant deposeth, & saith,
he is the nephew, of DavidDavid Shipman,
he resided, near him for the last, six,
or seven, years of Davids, residence, in
KentuckyKentucky.. He knew his slaves- were
MillyMilly was a yellow woman about
27 years old of ordinary size, Neat
& cleanly, in, her dress- He knew her
children AllenAllen MaryMary , - & Davy,-
He understand AllenAllen &MaryMary is not
claimed by SmithSmith Davy, is a boy, about
at this time, 2 years &twenty old yellow
complexion,wellgrown& large of his
age. HarryHarry , is about 16. or 17. years old
about 5 feet, 10 or 11 inches, dark,
[ complextion ], has an impediment, in
his [ speach ] thin, visage,- showsmade
BillyBilly is 13 or 15. Years old above 5 feet,
high black [ complextion ],- scar,
on his cheek, or jaw- long
head high foward - full eyes. of
andshows his
when he laughs

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[missing figure]

MaryMary near, six, feet, high yellow likely
fellow,. his title, in present in the upper
jaw double Shipman, was much,
underage- his land was sold under exe
cution, a before he left
Kenty and also a negro, woman,was named
SarahSarah , & girl, named ElizaEliza , named
in Smiths mortgage, was sold
=confine & the execution, not, satisfied
There were, other Judgements to a large,
amount and her. One in the name, of
Mrs Cooper one in the name
of SallySally Rice one in the name, of Manner, of Geo Robertson, & the
bank, besides, others. He held three
negroes in, possession. He left the
State in only- that negro was,
keeping at the same, house, - He
left his wife, & a WillWill ,
but, not much. I have seen D.
Shipman, write,- The signature,
of DavidDavid Shipman, in the
dated 17. Oct 1826. & refused to in
JnoShipmanDeft mark A I
know is his Shff hand writing of sd,
DavidDavid , Shipman, Shipman, a
state have, before he left KentuckyKentucky,
Stated to Mr,StephenStephen Smith ,SmithStephen Smith the
Dsf, was searching, for him & that
SmithSmith , need, not, be searching,

HenryHenry Shipman

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[missing figure]

6 I JamesJames Young a Justice, of the peace in
& for the county of ShelbyShelby, state, of KentuckyKentucky,
do hereby, certify that HenryHenry , Shipman,
was by me, sworn to testify, the, whole
truth, of his knowledge touching the
matter, in controversy, in the cause,
aforesaid that deponent, was examined
and his examination, reduced, to,
writing, and subscribed by said deponent,
in my presence, on the 10th day of sept in the year 1827 between the hours
of 8 in the forenoon & six of the
afternoon be, the house, of RobertRobert ,
Brenham, in the town, of Shelbyville,
in the county of ShelbyShelby, StateKentucky, ofKentucky
KentuckyKentucky Given & certified, this 10th day of sept 1827

JamesJames Young P. S. C

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[missing figure]

WilliamWilliam , Gregory of lawful, age,
being,produced sworn, &, produced, in the part,
of the, Defendant deposeth, & saith,
He was, neighbor, to DavidDavid Shipman,
several, years & was, well, acquainted,
with his negroes - He knew MillyMilly , a yellow
woman aged above 27 - of ordinary, size
& gentle, in her appearance and
as a servant, Davy, one, of her, children
was above when he lift her1826 about 18 months old, well grown, & yellow
in complexion, - HarryHarry dark, complexion, about 5 feet,10 or 11

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[missing figure]

7 inches, high, made of thin visage,
above, claimed, has a slight, impediment, in
his speech, - BillyBilly , was about 12 or 15
years old, about 5 feet, high Black complex
=ion
scar, on his jaw, thin, face, high
forehead, head,full eyes & when he,
laughs, shows, his teeth, very
muchmorethe HusbandHusband of fully yellow about
6 feet, likely, looking his
teeth, in front,dollar or upper jaw
SarahSarah , & ElizaEliza , was, sold, under, execution,
Dav, Shipman, was much,
Execution, was in the hands, of
the officer,agehim when he went
a way - went, off - I saw
him, the, day he, stated, but he, did,
not, tell, me, he,having &, leaving,
the state - He left his wife behind,
a very old, woman with no person,
to take, care of by her or attend, her
and she was taken care, of by him
Shipman, & myself. The negroes,
above mentioned, were, in the possession,
of DavidDavid Shipman, and disappeared,
about the time, he, left her, or Shipman
DavidDavid Shipman,I oldnowhe had
mortgaged, the same negroes, with with
knowledge
to the,deft,SmithSmith and
requested,now to go, to ShelbyShelby, to exclaim
whether the, mortgage, or a execution,
was

WilliamWilliam Gregory,

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[missing figure]

I JamesJames Young a Justice, of the peace, in, & for,

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[missing figure]

8 Shelby CountyShelby County State ofKentucky KentuckyKentucky, do, hereby,
certify that WilliamWilliam Gregory, the deponent
was by me sworn, to testify, the whole truth,
of his knowledge touching the matter
in controversy in the cause aforesaid that
Deponent, was examined and, his
examination, reduced, to writing, and
subscribed, by said, Deponent, in my,
presence, on the 10th day of Sept.1827 in the year 1827 between the hours
of eight in the forenoon & six in
the afternoon at the house of RobertRobert ,
Brenham, in the town of Shelbyville,
in the CountyCounty Shelby of ShelbyCounty Shelby,. StateKentucky of KentuckyKentucky,
given, & certify the 10th day of September 1827

[missing figure]

JamesJames Young J,.P.S.C

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[missing figure]

Ben, S.Cowell of lawful age being
produced sworn & examined on the part of
Defendant deposith and saith, that he,
lived, near the place DavidDavid , Shipman,
had removed, some of his slaves to know
the womanMollyMolly , about 30. years of
age from her appearance, and [ yello ] complex
=ion,
of ordinary, size, neat, in her
appearance. Her son, Davy, was above
two, years old lightmulattor well
grown of his age- HarryHarry was above
18 years old of common, stature a light black,
slender, made BillyBilly ,- above
15 years old black chunky- a scar
on his face. Shows, much of the white
of his eyes,More the husband,

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[missing figure]

of MillyMilly was above 35.years old. yellow
six feet, & very, likely,- He ShefMillyMilly ,
when she was away was pregnant_I
think it was in the year,1826. Shipman,
had three, negros & no others ElizaEliza , &
SarahSarah , who was taken by the Sheriff & sold,
I knew Shipman, was holding, & secreting,
them slaves for sometime to keep, them,
from being, taken by the sheriff,- Sometimes,
having them in Balalm & sometimes,
in HenryHenry as he could, have, the
was shifted from County to county,
He left KentuckyKentucky, taking with
him MillyMilly , her sons HarryHarry BillyBilly ,- Davy,
& two others named, May & AnneAnne , children
of MillyMilly - He stated to me them, negroes
now should be taken to pay his debts,
about Shelbyville, if he could help,
it that he would run them to here
first,_ He stated, these negros he had
mortgaged, to the Dft,StephenStephen Smith ,SmithStephen Smith
Be guarded having done, it me
to he would, endeavor, to
keep,[ there ] claim, of the negroes,
if could, by any means,

Burt G Porrell

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[missing figure]

I Jas, Young a Justice of the Peace in and
for the County of Shelby State of Ky, do certi=
=fy that Burt, G Porrell, the deponent was by me
sworn to testify the whole truth of his knowledge
touching the matter, in controversy in the cause of

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[missing figure]

10 that deponent was examined and his examination
reduced to writing_ and subscribed by sd, deponent
in my presence on the 10th day of Septr 1827in the year eighteen hundred and twenty seven_ be
tween the hours of 8 in the forenoon and 6 [ of ] the
afternoon at the house of RobtRobt Benham, in the
town of Shelbyville in the County of ShelbyCounty of Shelby and
State ofKentucky KentuckyKentucky, given and certified the 10th day of Septr 1827

JamesJames Young J.P.S.C.

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[missing figure]

George B. Knight, of lawful age being
produced sworn, & examined on the
part, of Defendant deposith and saith
That he is one of the directors, of the
Commonwealth Bank, of KentuckyKentucky,
& was Director, on the 17. Oct. 1826.
and as Director, of said bank, has the
care of management, of all,were as
of notes in said bank, by personbuy
in, ShelbyShelby, County_ He states
the said DavidDavid Shipman was indebted,
to the said bank 17 Oct 1826. And
for a long time, before me thereby the
by note, for about,lon the sum, of above
Eight hundred_ dollars and that,Stephen SmithStephen Smith
the Deft, was his and are in said note,
& execution is now in the hands, of
the officer for said, debt agst said
Smith

George B. Knight

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[missing figure]

I JamesJames Young a Justice, of the peace

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[missing figure]

11 in and for the county of ShelbyShelby State ofKentucky
KentuckyKentucky, do hereby certify that Ger.B.
Knight the Deponent was by me, sworn
to certify, the whole truth of his knowledge
touching the matter in controversy in
the cause aforesaid that deponent was
examined and his examination reduced to
writing, and subscribed, by said deponent in
my presence on the 10th day of Sept 1827
between the hours of 8 in the forenoon
and six in the afternoon at the
house of RobertRobert , Benham, in the
Town of Shelbyville in the county of
ShelbyShelby State ofKentucky KentuckyKentucky, given and
certified the 10th day of Sept. 1827-

JamesJames Young J.P.S.C.

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[missing figure]

And the Depositions of all, the witnesses,
produced not being taken for want of
time the meeting, was adjourned,[ untill ],
the 11th of Sept. 1827. when came, again
Stephen SmithStephen Smith the Defendant at the
said house, of RobertRobert Benham, in the,
town, of Shelbyville Shelby CountyShelby County
State ofKentucky KentuckyKentucky, and between the
Hours of 8 in the forenoon and six
in the after noon_ on the said 11th of Sept 1827. SamuelSamuel Kevin_ of lawful
age being produced sworn and examined
on the part, of the Defendant deposith
and saith. That he well knows StephenStephen Smith
SmithStephen Smith and DavidDavid Shipman_ that said

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[missing figure]

12 Shipman for many years resided in this, Shelby CountyShelby County,
and ran away from this County in the fall of the
year 1826. That previous to his said Shipmans running
away he owned a number of negroes, all of which
(except two) on the 17th day of October 1826, he mortgaged to StephenStephen Smith
SmithStephen Smith , which mortgage is now shown, to this [ affiant ],,
marked( Aλ,) and recorded in the Clerks office of the
ShelbyShelby,County CourtCircuit Court , State of KentuckyKentucky. He says he knows
the hand writing of said DavidDavid Shipman, & the mortgage
now shown, to him marked as aforesaid, is the
said DavidDavid Shipmans Signature_ after said mortgage
was Executed said Shipman told this deponant that
he had signed & acknowledged it and thereby made
his Slaves liable for the debts, for which said SmithSmith
was security for him & for the money said SmithSmith had
advanced for him & which was due, said SmithSmith
said Shipman secretly removed his negroes from this
County to avoid the debts, he owed, and the
Executions which had issued, upon Judgments against
him, I sent Executions to GallatinGallatin & I HenryHenry , Counties
for the purpoe of taking them & Caught two of the negroes,
in HenryHenry County, Sarah, & ElizaEliza both of whom
were sold under Execution_ the Judgment
was not thereby satisfied, A large balance of
several hundred dollars yet remains due,
to the Farmers & Mechanics Bank of Shelbyville;
There are other Judgments against said Shipman
in the ShelbyShelby,Circuit CourtCircuit Court unsatisfied, and
this affiant, has no hesitation, in saying that

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13 said Shipman ran away from this County to
avoid the payment of his debts, said Shipman
left his wife here in a helpless, situation, and
this affiant advanced her money to procure, the
[ necssaries ], of life_ Said Shipman left no property
which could be found sufficient to satisfy the
Executions against him_ The negros named
in the mortgage were the slaves of said
DavidDavid Shipman_ said Shipman told this
affiant that Stephen SmithStephen Smith was his Security for a
large amount, and this affiant belives from
the Statement of said Shipman that he Shipman
had no means of [ indennifying ] said SmithSmith but,
by Selling the negroes named in the mortgage_
and further he saith
not

Jan. Javis

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[missing figure]

I JamesJames Young a Justice of the Peace,
in & for ShelbyShelby county state of KentuckyKentucky,
do certify, that SaidJamesJames the
deponent was by me, sworn, to testify,
the whole truth of his knowledge
[  touching ], the matter, in controversy,
in the cause, aforesaid that Deponent
was examined, and his examination,
reduced to writing & subscribed, by said
deponent, in my presence, on, the 11th day of Sept 1827 sworn, & certified
the 11th Sept 1827

JamesJames Young J.P.S.C.

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14 JamesJames J JJames J Whitaker, of Lawful age
being, produced, sworn & examined, on the
part, of the Defendant deposeth, & saith
That, he is, now and was on the 17 Decr 1826 the clerk, of the ShelbyShelby,CountyCircuit Court ,CourtCircuit Court ,
in the State of Kentucky_ And that as
clerk, of said court,who by law is
to & authorized, to renew
& record, mortgage_ did take
the acknowledgment of DavidDavid
Shipman to a mortgage, signed,
by said D. Shipman, on the 17 Oct 1826
mark (K) and now produced,which
on the same day (my26. Oct 1826
was after,two being, acknowledged,
by said Shipman before me left
in my office for record& is not
of record, in, my said office
DavidDavid Shipman stated to me
that the Deft,SmithSmith was bound
for the mentioned in,
the mortgage, as his security, And
that he to and certify
said SmithSmith as far as he could,
the negros mentioned in the mortgage,
are MaryMary ,MillyMilly , Billy HarryHarry
David, Sarah, &,ElizaEliza , which,
many was funded me, by,DavidDavid ,
Shipman,whoIknew than

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[missing figure]

15 mortgage for him, D Shipman was
much in & considerable,
debt, as was, against him,

Jn T. Whitaker,

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[missing figure]

I JamesJames , Young, a Justice, of the peace for the
CountyCounty Shelby of ShelbyCounty Shelby, StateKentucky of KentuckyKentucky, do, Certify, that
JamesJames J ,JJames J . Whitaker, the, deponent, was, by me
sworn to testify the whole, truth, of his, know
ledge, touching, the matter, in Controversy, in the
Cause afsd that the, deponent was, examined,
and his examination reduced, to writing, and
subscribed by said deponant in my presence,
on the 11th-day of Sept 1827Both between,
the hours of 8 in the [ foreknoon ] & 6 in the
[ afternoon ] at, the, house, of RobertRobert Brenham,
in the town, of Shelbyville, State ofKentucky KentuckyKentucky,
Given, & Certified the 11th day of Sept. 1827.

JamesJames Young J PS C

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[missing figure]

McKnightMcKnight , of lawful, age, being
produced, sworn & examined on the, part,
of Defendant deposeth, and saith
that he, knows of said SmithSmith , the
defendant paying offto the sheriff,
of ShelbyShelby,me in
favor of cause the otherPtty

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[missing figure]

16Been House of Wm. which
amounted to six, hundred, dollars, or thereabouts,
I sued, Executors, issued, from the,
clerks office, of ShelbyShelby,CircuitCircuit Court ,CourtCircuit Court ,
causeDavidDavid Shipman &
the Defendant StephenStephen Smith ,SmithStephen Smith , as
his security I made, the,calculation
and couldthemoney for Sometime
I sawitpart. Which pay next,
was made after, D. Shipman
left KentuckyKentucky,

V. M. Knight,

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[missing figure]

J James Youg a Justice of the Peace
in & for the county of ShelbyShelby and Blalm of KentuckyKentucky do enlikly that in pas name
of the within armed enough on and notice came
before me at the hour of RobertRobert Brenharm
to the county and Statelast aforesaid
John Shipman HenryHenry Shipman WilliamWilliam
gregory Burr. G. Power and Geo B Knight
on the 10th day of Sept 1829. Whenever on the 11th day of Sept 1827 at the same
place by adjoinment between the hours
of 8 in the morning & 6 in the evening yours Ja S Whitaker & Vagil
Mcknyght who was thereby now sworn
and examined and such examination
reduced to writing and subscribed by them
replacing in my presence and then
depositions on now honourable with returns

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[missing figure]

I JamesJames , Young, a Justice, of the, peace, in
& for the, county of ShelbyShelby, state, of KentuckyKentucky,
do hereby certify, that,VagilMcKnightMcKnight ,
the, deponent was, by me, sworn, to testify,
the whole, truth of his knowledge touching, the,
matter, in controversy, in the cause,
aforesaid that Deponent was examined
and his examination, reduced to
writing, and subscribed, by said, reformed,
in my presence, on the 11th day of Sept in the year eighteen hundred twenty seven
between, the hours, of eight in the forenoon,
&, six,[ of ] the afternoon at, the house of RobertRobert
Benham, in the town of Shelbyville, in the,
CountyCounty Shelby of ShelbyCounty Shelby, StateKentucky, of KentuckyKentucky, Given,
& certified, this 11. Sept 1827

JamesJames Young
J.P.S.C.

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[missing figure]

8 14 WilliamWilliam S Boyde of [ Lawfull ] 17 age being produced and
Sworn and Examined on the part of the Defendant
Deposith and Saith_ that DavidDavid Shipman
Some time in the year 1826 Called on StephenStephen Smith
SmithStephen Smith to Replevy two Debts, for him the said
Shipman one in the name of Patty, Rice and
one in the name of Levin Cooper When Said
Debts was Collected amounted to Six hundred
and thirty two Dollars fifty four cents which
I collected, of Said SmithSmith as the Security also
DavidDavid Shipman, & also, Collected one other,
Execution in the name of ElijahElijah WarnerWarner , -
Amounting to thirty eight Dollars 48 Cents
of said Stephen SmithStephen Smith as Security of said Shipman,
Some short time before the above named
Executions Issued from the Clerks office of the
ShelbyShelby,Circuit CourtCircuit Court said DavidDavid Shipman,
Ran away, and took with him out of the
County all his negroes, and other property S.
that I was bound as Deputy,[ sherriff ] for
ShelbyShelby County, CountyShelby County to make the amount of
Executions out of the Security Stephen SmithStephen Smith
I have understood that the Debts of Levin, Cooper,
and Patty Rice were Debts Contracted in part
payment for the Negro Woman MilleyMilley and her, two
Children

WilliamWilliam G, Boyde,

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[missing figure]

I JamesJames Young - a Justice of the peace in & for
the county, of ShelbyShelby, StateKentucky, ofKentucky KentuckyKentucky, do here,
by certify that such WilliamWilliam
G. Boyd, the deponant was by, me,
sworn, to testify, the, whole, truth, of his knowl=
edge

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18 touching the matter in controversy in,
the cause aforesaid that, deponent was examined
and his examination reduced, to
writing and subscribed, by said Deponent
in my presence, on the 11th day of Sept in the year 1827- between, the hours
of Eight in the forenoon & six of the
afternoon at the house of RobertRobert ,
Benham, in the town, of Shelbyville,
in the county, of Shelby, State of Ken
-tucky, Given & certified, the 11th day of Sept 1827-

JamesJames Young
J.P.S.C.

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[missing figure]

I JamesJames Young a Justice of the
peace in and, for the County of ShelbyCounty of Shelby in
State ofKentucky KentuckyKentucky, do certify that in
presence, of the annexd commission
and notice came before me be the
house of RobertRobert , Benham, in the County
and State last, aforesaid John Shipman
HenryHenry Shipman WilliamWilliam , Gregory,
Burr. S. Cowell and George B. Knight
on the 10th day of September 1827 and
on the 11th day of Sept at the same place
place by adjourment between the hours
of 8 in the morning & six in the evening
CauseJames Lewis James S. Whitaker,

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[missing figure]

19 Nigul McKnight,&WilliamWilliam G
Boyd, who was there, by me, sworn and exami
ned & such examination reduced to,
writing and subcribed by them, respectively,
in my presence, And their depositions,
are now herewith, returned,

Given, at Shelbyville,
in the county of ShelbyShelby, & StateKentucky, ofKentucky
KentuckyKentucky this 11th - day of Sept. 1827 -

JamesJames Young J.P.S.C.

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[missing figure]

It is hereby, certified that the
above named JamesJames , Young on the tenth, day
of September in the year of our, Lord, Eighteen
hundred and twenty seven, was and
now is a Justice of the, peace, within
and for the CountyCounty of Shelby, ofCounty of Shelby ShelbyCounty of Shelby, in
the State of KentuckyKentucky duly commiss
ioned,
and acting as, such, and,
that, full faith, and credit, on due,
to his acts, as such,

In testimony
whereof I James SJames S . Whitaker, clerk, of
the county court, of ShelbyShelby, StateKentucky, of KentuckyKentucky
( it, being, a cause, of record) hereunto,

subscribe, my, name, &, affix the seal, of my,
office this 11th day of Sept. Eighteen hundred & twenty seven.

att Ja S Whitaker clrk

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[missing figure]

State of MissouriMissouri,
County Of St. LouisSt Louis, Sct.

To any Judge or Justice of the Peace of The state of IndianaIndiana
....Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by MillyMilly her,
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court , for the
county of St. LouisSt Louis, wherein the said MillyMilly is plaintiff and Stephen SmithStephen Smith
is defendant on the part of the said plaintiff and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commision enclosed under your
seal, to our said circuit court, with all convenient speed.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this Twenty first day of September in the year of our Lord, one thousand eight hundred and twenty seven

Archibald GambleArchibald Gamble Clerk, C. C.

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[missing figure]
MillyMilly
vs
Stephen SmithStephen Smith

In Vacation September 21st 1827
Clerk Office of the St. Louis Circuit CourtCircuit Court

An application of the attorney for the Plaintiff it is ruled
that a Dedimus, issue to any Judge or Justice of the Peace of
the State of IndianaIndiana to take the deposition of witnesses to be
read on the trial of the above cause on the part of the Plaintiff

Archibald GambleArchibald Gamble Clerk

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[missing figure]
MillyMilly
vs.
Stephen SmithStephen Smith

St. Louis Circuit CourtCircuit Court

Take notice that on the 20th, 22nd, 23rd, 29th, 30th & 31st, days of October next between the
hour of nine o clock in the forenoon and five o clock in the
afternoon of each of those days, at the office of DanielDaniel Comstock,
in the village of MadisonMadison in the County of JeffersonCounty of Jefferson
& the State of IndianaIndiana, I shall proceed to take the depositions
of witnesses to be read on the trial of above case on behalf
of plaintiff.

Sept. 22nd 1827.

MillyMilly , above plff.

To above defendant.
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[missing figure]

St.Louis Circuit CourtCircuit Court

MillyMilly
vs
Stephen SmithStephen Smith

Take notice that on the 20th, 22nd, 23rd, 29th, 30th & 31st days of October next between the hours of nine
o clock in the forenoon and five o clock in the afternoon
of each of those days, at the office of DanielDaniel , Comstock,
in the village of MadisonMadison , in the County ofCounty of Jefferson JeffersonCounty of Jefferson,
& the State ofIndiana IndianaIndiana, I shall proceed to take the dep
ositions of witnesses to be read on the trail of above
case on behalf of plaintiff.

Sept 22nd. 1827.

MillyMilly above plff.

To above defendant.
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[missing figure]

MillyMilly
vs,
Stephen SmithStephen Smith

notice
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[missing figure]

Served a copy of the within notice on
Atty,GeyerGeyer ,Sept 25th 1827 in the
city of S LouisS Louis

JnoJohn Simonds Jr SimondsJohn Simonds Jr Dp, Sheriff

Service $0.50
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[missing figure]

1 Commonwealth of KentuckyKentucky
Shelby Circuit Jct

Pleas held before the honble,,HenryHenry ,
Davidge Judge of the ShelbyShelbyCircuitCircuit Court ,CourtCircuit Court ,
at the Courthouse, in Shelbyville on the
27th. day of June 1826.

Polly Reid,.... Plff,
against
DavidDavid Shipman, Deft

Declaration in Concern

In Government

Be it remembered, that heretofore,
to wit, on the 23rd. day of January 1826 the Plaintiff by her attorney
filed here in the clerks office of the ShelbyShelbyCircuit CourtCircuit Court her
declaration, Which is in these words to wit, "Shelby Circuit Ct
PollyPolly Ried, complains of DavidDavid Shipman, in Custody& of a
plea of Covenant, broken for that whereas the said defendt,
on the 19th day of April 1824. at the Circuit aforesaid by his
certain covenant, in writing signed. With the name and
sealed with the seal of the said defendant. Which is to the Court,
now here, sworn, the date whereof is the day 1 year last,as,.
promised to pay to the plaintiff Twelve, months after the
date of said covenant, Five, hundred & fifty Dollars in
Commonwealth, bank paper, and the Plaintiff owns that
the defendant hath not Kept, or, performed his Covenant,
but hath broken the same in this he did not. twelve,
months after the date of said writing declared on, pay to
the plff, said $ 250. in Commonwealth, bank paper Nor,
hath the said defendant in any manner whatever, paid &
discharged the same or any, part, thereof but the same to pay
the other by the plff requested, so to do, he, hath altogether failed
& refused to the Plaintiff damage $ 300. Wherefore, she sues,&c

Woolfork, P.Q.,

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[missing figure]

2 And afterwards to wit, on the same day &, Year upon which
said declaration was filed, towit on the 23d January 1826 the
following complains together With the
therein. Was issued, to wit. The Commonwealth of KentuckyKentucky, to the
Sheriff of ShelbyShelby County, CountyShelby County greeting you are hereby commanded to take
DavidDavid Shipman if he be found within your bailiwick, and him
safe, keep so that you have his body before the judge of our Shelby
Court at the Court House, in Shelbyville, on the first day of our next
Febuary Term to answer PollyPolly Rice of a Plea of Covenant, Broken
Damage $ 300.00cts and have then there this writ Witness,SamuelSamuel
Yevis Clerk of our said Court this 23rd day of January 1826 and
in the 34th year of the Commonwealth SamuelSamuel Yevis, C
This is an action of Covenant, broken damage $ 300 &
no bail is required

Woolfork P.q
Lists Sauml. Yevis B Lee

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[missing figure]

Upon which writ, the Sheriff, made, the following return,
to wit, "Came, to hand the 26th day of January 1826 and
Executed, the 9th day of Febuary 1826. on the Within named
DavidDavid Shipman

W. G Boyd GeyerGeyer Sith Cook Ssc

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[missing figure]

The following is the note, upon which this suit when, instituted,
to wit, Twelve, months after date, for value received, I. promise
to pay PollyPolly Rice two hundred & fifty dollars in Common
wealth, bank, paper, witness, my hand, & seal, this 19th day of April 1824.

[missing figure]

DavidDavid Shipman seal

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[missing figure]

ListsSaul.W.Which

Which suit was continued, at the February Term 1826.
And afterwards towit at said Circuit CourtCircuit Court contained
held for Shelby CountyShelby County at the Courthouse, in Shelbyville
on Tuesday, the 27th day of June 1826. Came, as the
plaintiff by her attorney as the defendant in his own paper

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[missing figure]

3. person who by Consent, of the Plff & by have, of the Court, Confess,
Judgement for the sum of Two hundred and Sixty seven, dollars
fifty cents, & Costs It is therefore considered, by the Court That the
plaintiff recover against the defendant the sum of Two hundred
and fifty Sixty seven, dollars and 50 cents, as aforesaid &
also his costs, by her about her suit herein Expended and the
defendant in money&c. And by Consent it is orderd that notes,
on the bank of the Commonwealth of KentuckyKentucky,
shall be received, in discharge of this Judgement.

And afterwards towit on the 27th day of July 1826. the
following execution together with issued, upon the foregoing Judge
=ment,
which together with the Certificate, & return, therein, is in
the words & figures, following towit, the Commonwealth of
KentuckyKentucky, to the Sheriff of Shelby CountyShelby County Greeting We, Command
you that of the estates of DavidDavid Shipman late, of your bailiwick,
You cause to be made the sum of Two hundred & Sixty seven,
dollars and fifty cents, which PollyPolly Rice lately, in our ShelbyShelby
Circuit CourtCircuit Court received, against him for damages also $ 6.19 cents,
Which in the same court was adjudged, to the said PollyPolly Rice
for her costs in that suit aforesaid. Whereof the said DavidDavid
Shipman is Convict, as appears to in of record; and that you
have the same before the Judge of our said Court at the
Courthouse, in Shelbyville, on the rule day to be held, in the clerks
office on the Saturday succeeding, the third Monday in September
next to render, to the said PollyPolly Rice of the damages & costs afsd
and have, then there this writ Witness,SamuelSamuel Turis, Clerk of
our said Court. this 27th day of July 1826. and in the 35th,
year, of the Commonwealth

SamuelSamuel Yervis, ClCo

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[missing figure]

I Certify that notes, on the bank of KentuckyKentucky, or within, of its,
branches, and notes, on the bank of the Commonwealth of
KentuckyKentucky, or its branches. WillWill be, received, in discharge of this
Execution

SamuelSamuel . Yervis Clco

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[missing figure]

Return

Sheriffs, return towit, came, to hand, the 7th day of August 1826 as 10 Oclock AM. lived &reproved, but returned, with,
this Execution to the Clerks, Office of the Shelby,Circuit CourtCircuit Court .

M G Boyd . for with Bookssc

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[missing figure]

Replevin bond

The replevin bond mentioned, in the foregoing return is in
these, words, towit, Know all men, by these, presents, that,he
DavidDavid Shipman, and Stephen SmithStephen Smith and held & frimly, bound,
unto PollyPolly Ried, in the sum of five hundred sixty two dollars
to the payment of which well, and truly to be, made we bind
Our selves, Our heirs, Our, Executors, and Administrators firmly,
by these presents - Given, under, Our hands & seals, this 21st day of August 1826. Whereas a writ, of hath issued,
from, the Officer of the Circuit CourtCircuit Court of ShelbyShelby County, CountyShelby County in the name
of said PollyPolly Ried, against the state of the above bound,DavidDavid
Shipman in the sum of two hundred & sixty, seven, dollars
fifty cents damages six nineteen , Costs dated the 27th day of July 1826. Returnable to the September rules, of said Court
next, evening,, directed to the Sheriff, of ShelbyShelby County, CountyShelby County. Which
hath true lived on the estate, of the said DavidDavid Shipman by
WilliamWilliam G Boyd deputy for with, Cook Sheriff of ShelbyShelby County, CountyShelby County
and the said DavidDavid Shipman prayed a replevin which is
granted him, & his estate restored,, on entering, into this bond
with the aid Stephen SmithStephen Smith his Security. Now the
Condition of the foregoing, Obligation is such that if the
above named,DavidDavid Shipman & Stephan SmithSmith or any of
them, do well, and truly pay the said PollyPolly Ried, the
aforesaid sum of Two hundred & sixty, seven dollars

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[missing figure]

5. fifty cents, damages Six Dollars nineteen, cents, Costs
and six dollars and eighty one cents, the sheriffs, half
commissions, &,, fifty, costs, for, taking this writ,, amounting,
in the whole to two hundred & Eighty One dollars within,
three months from the date hereof, With interest, thereon at
the rate, of six, per, centum, per annum, these the above
Obligation be, void, else, remain in full force, & virtue,

Lists $281.00

DavidDavid Shipman

[missing figure]
M G Boyd Dshff,
Seth, Cook SSC

Stephen SmithStephen Smith

[missing figure]
[missing figure]
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[missing figure]

Execution

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[missing figure]

And afterwards to wit, on the 24th day of November 1826 the
following Executions issued, upon the foregoing replevin bond towit
The Commonwealth of KentuckyKentucky, to the Sheriff of ShelbyShelby County, CountyShelby County,
Greeting We, Command, you that of the estate, of DavidDavid Shipman
& Stephen SmithStephen Smith late, of your bailiwick, you cause to be made, the
sum of $562. to be, discharged by the payment of Two hundred
and eighty one dollars with interest, thereon at the rate of six per
centum, per annum, from, the 21st day of August 1826. Which
PollyPolly Ried lately, in Our ShelbyShelby,Circuit CourtCircuit Court received, against her
for debt, & interest, also 70 1/2 cents. Which in the same Court,
was adjudged, to the said,PollyPolly Ried for her, costs, in that suit,
Whereof, the said DavidDavid , Shipman & Stephen SmithStephen Smith are Convict, as appe
=ars
to in of record, and that, you, hea, the same before the Judge of
our, said Court at the Courthouse, in Shelbyville, on the next day to be,
held in the Clerk Office on the Saturday succeeding, the third, Monday
in January next to render to the said PollyPolly Ried,, of the debt amt
& Costs aforesaid and have, then there this writ Witness,SamuelSamuel ,
Tevis, clerk of Our said court, this 24th day of November 1826 and
in the 35th, year of the Commonwealth

SamuelSamuel Yevis C

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[missing figure]

I certify that notes, on the bank of KentuckyKentucky or other,
of its
branches, and notes, on the bank of the Commonwealth of KentuckyKentucky
and its branches, will be received, in discharge of this Execution

Sameul Yevis C Scc

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[missing figure]

Commonwealth of KentuckyKentucky
Shelby, Circuit Sct.

I SamuelSamuel Levis, Clerk of the ShelbyShelby,
Circuit CourtCircuit Court in the Commonwealth aforesaid do certify that
the foregoing six pages included, contain a full, true, and
Complete transcript, of the record & proceedings, had in the
suit between, the parties, therein, named on fully as the
same remains, of record in my Office, In Testimony

Whereof I have, hereto, set, my hand, &
caused, the seal, of said Circuit CourtCircuit Court to be
hereto, affixed, at Shelbyville, this 25th day of November 1826. & in the 35th Year of the
Commonwealth

SamuelSamuel Levis C

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[missing figure]

Commonwealth of KentuckyKentucky
Shelby Circuit.
Sct

HenryHenry ,Dawdy one, of the
Circuit Judges in & for the said term,
in the, presiding, Judge
of the ShelbyShelbyCircuitCircuit Court ,CourtCircuit Court , do certify
that the above allocation of SamuelSamuel ,
Tevis, who is, & was, the clerk, of the
said , the Clerk of the
said court, is in due, form,In
whereof I as Judge,
aforesaid have hereunto, set my
hand this 11th day of April 1827.

HenryHenry Davidge
Ct, Judge,

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[missing figure]

PollyPolly Ried
vs
DavidDavid Shipman Jr

Com,
Tran.

Clerks, fee, - $1.50 Tax on - 50
$ 2.00
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[missing figure]
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[missing figure]
MilleyMilley
vs
Stephen SmithStephen Smith

Depositions taken in pursuance,
of the annexed, dedimus, and notice on
the 20th day of October in the year one thousand eight hundred and twenty seven
between the hours, of nine O clock in the
forenoon and five o clock in the afternoon
of said day at the office of DanielDaniel ,
Comstock, in the town, or village, of MadisonMadison ,
in the County ofCounty of Jefferson JeffersonCounty of Jefferson, - in the State ofIndiana
IndianaIndiana to be to be made in behalf of the
Plaintiff in a certain, suit, pending in
the St. Louis Circuit CourtCircuit Court wherein,MillyMilly
is plaintiff and StephenStephen Smith ,SmithStephen Smith , is defendant
before me WilliamWilliam G. Wharton Justice
of the Peace

DavidDavid Comstock, of [ lawfull ] age being
sworn, to tell the whole truth, on his oath,
deposith, and saith that there servedat deeds,
of emancipation, dated on the 3rd day of October 1826 and Signed, by DavidDavid Shipman
and witnessed by RichardRichard C Talbott, and
JohnJohn Hamilton HamiltonJohn Hamilton one to HenryHenry Deck (a
black man) an other to MosesMoses and
MillyMilly & her, children, and the other to
WilliamWilliam (a black boy, were, on the 30th day of October 1826 duly signed and
acknowledged before me in the CountyCounty of Jefferson
ofCounty of Jefferson JeffersonCounty of Jefferson, & state of IndianaIndiana and
that the acknowledgement was for

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[missing figure]

any thing, that I know or could, discover done
in Good faith, that I was an acting
Justice of the peace in and for said
County ofCounty of Jefferson JeffersonCounty of Jefferson, duly commissioned,
[ an ] sworn in such and further
saith not

Sworn to and subscribed
before me this 20th day of October 1827 W. G. Wharton,
Justice of the peace

Dav Comstock,

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[missing figure]

Richord C Talbott, of lawful age and after
being duly sworn to tell, the whole truth
deposith and saith, that the then several,
deeds, of emancipation, Now here shown him
were, duly signed by DavidDavid Shipman and
that he discovered, no appearance, of fraud
in the transaction, that one of said deeds,
was for the emancipation, of HenryHenry Dick
(a black man) one for MosesMoses ,, MillyMilly
& her children the other, for WilliamWilliam (a
black boy) and that said deeds, of emanci
=pation,
are, dated on the 3rd day of October 1826 and that he thus, deponant, signed,
his name, with one JohnJohn Hamilton HamiltonJohn Hamilton , as -
witnesses to said deeds, of emancipation,
and that the negroes named in said
deeds, were, present in the town of
MadisonMadison , County ofCounty of Jefferson JeffersonCounty of Jefferson, IndianaIndiana,
and that said DavidDavid Shipman
then, and there declared, the said

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[missing figure]

Negroes, to be emancipated, and free
And further, saith, not

Sworn, &, Subscribed,
to before me this 20th day of October 1827 W. J. Whalton,
Justice of the Peace

RichardRichard Talbott

Justice, fees, $ 1.04cts
Record, payment, of
the plff,
W.G.WhartonJ.P.
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[missing figure]

The State ofIndiana IndianaIndiana,
JeffersonJefferson County, CountyJefferson County,Sc

J. Richard,T.
Clerk, of the JeffersonJefferson ,CircuitCircuit Court CourtCircuit Court ,
in and for the County, aforesaid do
Certify that WilliamWilliam J, Wharton, Esquire,
before whom the foregoing Depositions were,
taken and who has certified the same,
was at the time there of and still is an
acting, Justice of the peace, for the County of, duly
commissioned, and sworn and that
full faith and credit, are due, so all his
official acts as such In Testimony,Sheriff of

[missing figure]
I have, hereunto, set, my hand,
and affixed, the seal of
said Court at MadisonMadison ,
this 20th day October 1827.

R. C JacobsJacobs Clk

Clerks for our county by pltff
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[missing figure]

State of IndianaIndiana
2nd Judicial Circuit
Sct

I John F, Ross, presiding judge of
the Circuit CourtCircuit Court In the county of JeffersonJefferson , in the
Circuit and State aforesaid do certify that RichardRichard
C Talbott, whose signature appears to the foregoing
attestation, is Clerk of said court and that said
attestation, is in due form of law

Given under My hand and seal
this 23rd day of October 1827.

Jno F. Rofs seal

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[missing figure]

MillyMilly
vs
SmithSmith

opened & filed
Nov 20th 1827

A GambleArchibald Gamble
Clerk

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[missing figure]

W.Chas. Collins, will confer, a favor by handing this
package, to Mr,GambleArchibald Gamble on,JosiahJosiah Spalding ,SpaldingJosiah Spalding ,Eqr. without
delay.

Archibald GambleArchibald Gamble

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[missing figure]

Clerk of the St Louis CircuitCircuit Court
CourtCircuit Court
St. LouisSt Louis
MissouriMissouri

Filed- 26th, October 1827
and opened
same day

A GambleArchibald Gamble Clerk

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[missing figure]

MillyMilly
vs
Stephen SmithStephen Smith

Filed-- and opened
26th, October 1827

A. GambleArchibald Gamble Clerk

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[missing figure]
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[missing figure]

State of MissouriMissouri,
County Of St. LouisSt Louis, Sct.

To any Judge or Justice of the Peace of The State of IllinoisIllinois
....Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by MillyMilly her
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court , for the
county of St. LouisSt Louis, wherein MillyMilly is plaintiff and Stephen SmithStephen Smith
is defendant on the part of the said plaintiff and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission enclosed under your
seal, to our said circuit court, with all convenient speed.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this 27th day of October in the year of our Lord, one thousand eight hundred and twenty seven

Archibald GambleArchibald Gamble Clerk, C.C.

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[missing figure]

In Vacation October 27th 1827
Clerks office of the St.Louis Circuit CourtCircuit Court

MillyMilly
vs
Stephen SmithStephen Smith

On application of the attorney for the plaintiff
it is ruled that a Dedimus, issue to any Judge or Justice of the
peace of the State of IllinoisIllinois to take the depositions of witnesses
to be read on the trial of the above cause on the part of the
said plaintiff

A GambleArchibald Gamble Clerk

A True Copy of the Rule A.GambleArchibald Gamble Clerk
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[missing figure]

St Louis Circuit CourtCircuit Court

MillyMilly
vs
Stephen SmithStephen Smith

Take notice that on the 12th, 13th, & 19th, days of November next at the office of John LJohn L .
Bogandun in the village of PeoriaPeoria, in the State of IllinoisIllinois between
the hours of eight o clock in the forenoon and five o clock in the
afternoon of each of those days, I shall proceed to take the dep-
ositions
of witnesses to be read and the trial of the above enti
tled case on behalf of the plaintiff. Oct. 27, 1827

To said Stephen SmithStephen Smith

MillyMilly said, plaintiff

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[missing figure]

MillyMilly
vs
SmithSmith

opened & filed Nov 28th 1827

A G clk

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[missing figure]

MillyMilly
vs
SmithSmith

Filed 28th October 1827

A GambleArchibald Gamble Clerk

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[missing figure]
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[missing figure]

State ofIllinois IllinoisIllinois,
PeoriaPeoria County, CountyPeoria CountySct

Depositions taken on the fifteenth day of September in the year of our Lord one thousand eight hundred and twenty seven
in presence, of and in conformity, with
the annexed, Dedimus, and notes,
between the hours of eight o clock, in
the forenoon and six, o, clock, in the after
=noon of that day at the dwelling,
house of JohnJohn L LJohn L Mayadus in the
village of PeoriaPeoria, in the county of
PeoriaPeoria, and state of IllinoisIllinois, to
be read on the trial of a certain
suit pending in the St Louis CircuitCircuit Court
CourtCircuit Court wherein MillyMilly is plaintiff
and Stephen SmithStephen Smith is defe
ndant on behalf of the said
plaintiff before me John l Mayadus
one of the Justices of the Peace, in and
for the County ofCounty of Peoria PeoriaCounty of Peoria, and
State ofIllinois IllinoisIllinois, towit,

AbrahamAbraham ,WilliamWilliam being duly
affirmed doth say in answer to the
following questions

first

Do or do you not know that DavidDavid Ship
=man came the IllinoisIllinois, PrariePrairie in Jaywell
County then PeoriaPeoria County, CountyPeoria County state of IllinoisIllinois,
for the purpose, of making it his permanent
Residence, and if so at what time did
he move there ? Answer. I belive

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[missing figure]

to the best, of my knowledge recollection,
and belief, he moved in said prarie
in the month of October or November 1826. and from his conduct and conversation
I understood he intended to make, it
his [ perminent ] place of residence
and have never understood that he has
abandoned the same, and verily believe
the same to be his present residence.

Question 2nd.

Do you or do you not know whether
he brought with him to said state and
residence certain black or coloured, persons
if so from what state what were
their names colours ages, and sexes, and
number_ Answer. to the best of my
knowledge recollection and belief the said
DavidDavid Shipman brought with him from
the State ofKentucky KentuckyKentucky, to his said residence
in said prarie at the time he first
moved there a mulatto, man named
MosesMoses , aged about thirty years. MillyMilly
his the said Moses', wife aged about
twenty six years. HenryHenry a negro boy
of about sixteen years of age. BillyBilly ,
a coloured boy aged about twelve years
DavidDavid a coloured boy aged about twenty
months and two other coloured & mulatto,
children aged between Eight & twelve years.

Question 3d.

Do or do you not know how long MillyMilly
named in the above answer remained in said

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[missing figure]

PrariePrairie at said Shipmans, residence. whether
she left there, the time and for or by
what cause. Answer. She left there
the [ fore ] part of May 1827. and from
public report verily, believe she was
taken a way by Stephen SmithStephen Smith and
others in his employ, and at the same
time was taken the other black &
mulatto, persons except,MosesMoses and the
two last mentioned children named in
my answer to the second question
above_

Question 4th

Do or do you not know whether
Stephen SmithStephen Smith the said MillyMilly in
possession. Answer. Some short time
previous to her absence with the
said Stephen SmithStephen Smith or a man by the
name of NicholsNichols in company, with
SmithSmith and in his presence at the
residence of said Shipman in the
said PrariePrairie, mentioned that they had
come after the negroes amongst which
was the said MillyMilly and that they
would be damned if they would not
have them

Questions part and answer by
Thomas Dillon after being duly affirmed,

Queston 1st

Look at the first question proposed
to Absolam,DillonDillon in the above examination
and say whether, or not you know any

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[missing figure]

thing in relation to it and if so, what?
Answer. I have seen the question and
answer that I do know that DavidDavid Shipman
settled in or IllinoisIllinois, PrariePrairie, as mentioned
above and did, reside, there last winter. and
that said Shipman stated to me that he
intended to remain and reside, permanently, in
this state.

Question 2nd

Look at the Second question proposed
to Absolam,DillonDillon , in the above examination
and say whether or not you know any
thing in relation to it, and if so, what

Answer I have seen and examined the
said question and my answer is the same
in every part as given by the said Absolam,
DillonDillon , to the said second question

Question 3rd.

Do you or do you not know whether
Stephen SmithStephen Smith ever had said woman MillyMilly
in his possession, or any other of the colored
persons with her named in the answer
to the said second question put to Absolam
DillonDillon . Answer. StephenStephen Smith ,SmithStephen Smith stated
to me on or about the 25th Decbr. last that
he had a mortagage on the said MillyMilly
and the other black, & colored, persons. that
he never had them in possession. that he
never had paid to Shipman any consider
=ation,
for, said Mortagage, but that the
mortgage was given by Shipman to SmithSmith
to him SmithSmith for becoming
security, for said Shipman and, that he SmithSmith

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[missing figure]

had not paid any part of the money
for which he was security

Questions put and answered, by
GordonGordon , Hawley, after being duly sworn.

Question 1st.

Do you a do you not know that
DavidDavid Shipman came to the IllinoisIllinois,
PrariePrairie, in this state if so at what
time and who did he bring with him

Answer. I do know that he came
and settled, in that place about the
month of October or November last
past. and that he rented, a farm of
JesseJesse ,HarrisonHarrison , and I do know that
he brought with him the black and
Coloured persons mentioned in the Answer
of Absolam,DillonDillon , to the second question
in his interrogation which MillyMilly
there mentioned a mulatto, woman. that said
MillyMilly had a child I think in the month
of March, last. And that the said
DavidDavid Shipman told me he intended to
remain in this state and make, it his
[ perminent ], place of Residence.

Question 2nd.

Did or did not Stephen SmithStephen Smith offer
to DavidDavid Shipman in your presence to take
MillyMilly and the last, above mentioned child
which she was then wherefor. for the price,
of six hundred Dollars the amount for
which he was Security for said Shipman

Answer he did and offered to Shipman from,

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[missing figure]

that debt for which he was then
bound, for said Shipman.

Question 3rd.

Do you or do you not know when
and in what manner the said MillyMilly
and part of the said negroes left there

Answer. About the 4th of May last MillyMilly , one
of the said Blacks, was at my house
and was to return again the next
day since which I have not seen,
him. the next day several, of the
neighbors, went in pursuit of the
said SmithSmith and others that was said
to be with him who were charged with
having taken MillyMilly and two of her
children and two others that were
not her childern by the name of
HarryHarry , and BillyBilly ,

Question put and Answered, by John
Lowers, after bring duly sworn

Question 1st.

Do you or do you not know that
DavidDavid Shipman came to the IllinoisIllinois,
as said PrariePrairie in this state for the
purpose, of setting. and if so who
and of what discription of persons
came, with him. Answer. I do
know he came there about October or November 1826 and rented, a farm
and purchased, some Black and said
he intended to spend his days in this
State. and he brought with him the
mulatto, and Black, persons, mentioned in

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[missing figure]

the Answers of Absolam,DillonDillon , and the
other above witnesses. that said
Shipman still has on, his said plantation,
in said PrariePrairie, his stock, and other,
property.

Question put and answered by WilliamWilliam
Hall, after being duly sworn.

Question 1st.

Do you or do you not know that
there was a number of black, and mulatto,
persons living, with DavidDavid Shipman last
winter, at the said prarie, in this state
and if so when and in what manner did
they leave there answer I understood
that there were several Black and mulatto,
persons living, there at that time, &
that they left there the for part of
May last, and by General Report, they
were taken away by StephenStephen Smith ,SmithStephen Smith .

Question 2d.

did or did you not see said SmithSmith
shortly before said negroes, were taken
away & if so what did SmithSmith say
he was after

Answer.

I did not speak, to SmithSmith personally, but
saw him with six, or seven, others about
2 or 3, hundred, yards. from my house, on,
the . My family informed me
that SmithSmith stated while at my house, that
he had come to see the Dillons,out about
the blacks. which blacks were taken
away as I was informed and believe on
the same night of the day said SmithSmith
was at my house_

Question 3d.

Do you or do you not verily, believe, from

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[missing figure]

Every information that SmithSmith and
his associates, took the negroes from
the said prarie, and moved them to StSt Louis.
LouisSt Louis in MissouriMissouri. Answer I have
no doubt, of it from every information.

Questions put, and Answered by
ElijahElijah , Lincoln, after being duly
sworn .

Question 1st.

Did you or did you not hear a person,
by the name of Hungs say any thing in
relation to the taking away certain negroes
from the IllinoisIllinois, PrariePrairie in this state, &
if so what did he state

Answer.

I did see, him in StSt Clair County ClairSt Clair County, CountySt Clair County some
time in the month of May or, June,
last, who stated that he had been up
in the quakers, settlement on the
after some Negroes that he had got
them to St. LouisSt Louis and that, they were
taken, from him. that he had been to
KentuckyKentucky after some papers. he,
further stated, that himself, and SmithSmith
and some others had been and got the
negroes but that the quakers, would,
not let, them, go. that the quakers
had given a bond for their forthcom
=ing that after they got the bond they
went up and got the Negroes and if
they had not got clear, would have made,
the quakers, pay the bond and they
would have had the negroes also_

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[missing figure]

and stated,he would be damned if he
would not have them yet.

State ofIllinois IllinoisIllinois,
PeoriaPeoria County, CountyPeoria CountySct. I John LJohn L Bogardus one of the
Justices of the Peace, in and for said
County do hereby certify that the several,
witnesses above named were severally
duly sworn, and affirmed as there men
-tioned
on the 15th day of September 1827.

Before me

Wm. Lessguarduz
Jus Peace

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[missing figure]

State of IllinoisIllinois
PeoriaPeoria County, CountyPeoria CountySs.

I John Dixon, Clerk of the CircuitCircuit Court
CourtCircuit Court in and for the County ofCounty of Peoria
PeoriaCounty of Peoria, do, certify that John LJohn L .
Bogardus whose signature appears to
the above certificate was at the date
of the same an acting Justice of the
peace for David County duly Commision
=ed and sworn as such and that full
faith and credit, should be given to
all his official acts as such.

In Testimony whereof I have hereunto
set my hand and affixed my private
seal (no official seal being yet prov
=ided)
this sixth day of October A D 1827

[missing figure]

John Dixon,
Clerk

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[missing figure]

Justices fees.
Taking, the within depositions, 32 $4.00
two subpoenas, - - 25
Constable, fees for serving, subpo, - - 2.50
Clerks, fee, for Certificate, - - 50
$ 6.25

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[missing figure]

St. Louis Circuit CourtCircuit Court

MillyMilly ,
vs,
Stephen SmithStephen Smith

Take notice that on the 12th 13th, & 19th, days of November
next at the office of John LJohn L . Bogardus in the
village of PeoriaPeoria, in the County ofCounty of Peoria PeoriaCounty of Peoria, in the State ofIllinois IllinoisIllinois, between
the hours of eight o clock in the forenoon and five o clock in the
afternoon of each of those days I shall proceed to take the
depositions of witnesses to be read on, the trial of the above
entitled case on behalf of the plaintiff Oct. 27. 1827

To said,Stephen SmithStephen Smith .

MillyMilly , said Plff

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[missing figure]

MillyMilly
vs,
Stephen SmithStephen Smith

Notice
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[missing figure]

Served a Copy of the within notice on
Atty H. S. Geyer,October 29th 1827
in St. LouisSt Louis

JnJohn Simonds Jr . SimondsJohn Simonds Jr for Dp Sheriff

Service $ 0.50
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[missing figure]

This Indenture, made this 17th day of October 1826BetweenDavidDavid Shipman of the One part
and Stephen SmithStephen Smith of the Other part Witness
-eth
that the said DavidDavid Shipman for and in
Consideration of the sum of One Dollar to
him in hand paid thereunto, 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 Grupers Creek Con
=taining twenty six arms and upon which said
Shipman First and Seventh now stands also,
a negroe 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
or 13 Years old SarahSarah about 27 Years old,
ElizaEliza about 15 Years old Six head, of horse
One Yolk 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, & One Clock
To have, and to hold the said land slaves
& Chattels, with their, future increase to him
the said Stephen SmithStephen Smith and his heirs, forever,
And the said DavidDavid Shipman Covenants, that he,
WillWill , Warrant the, thereof to the said SmithSmith
and his heirs, against the claim, of all persons,

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[missing figure]

Whomsoever Rendered however subject to the,
following Conditions that is to say that whereas
the above, named DavidDavid Shipman is indebted,
to the Commonwealths bank in about the
sum of Eight hundred Dollars for which
the, said Stephen 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 bond,. Also
indebted, to ElijahElijah ,WarnerWarner , in the sum of about
One hundred and Twenty Dollars. An Execution,
in the name of Wilm for about two hundred
and, forty Dollars for Which sum 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, & Chattels,
aforesaid with their future increase are hereby
declared to be given in Mortgage to,General
star indemity 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

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[missing figure]

other, chattles, with their, future increase and
the use thereof, subject however to the law, hereby
created, and should said Shipman or the said
SmithSmith at any time hereafter be able to effect
a sale of the land. Slaves of or any part
thereof at their fair value,, and apply the
proceeds, thereof to, the payment of the habitations
& Claims, herein, enumerated, or to the discharge
of a Judgment in form of the Farmers, and
Mechanics bank of Shelbyville, against said
shipman that in, such case said Shipman
and Smith Will to said,Sale and
make to the property so sold in Which
the said SmithSmith , will release, the him hereby
Granted Witness, the hands, & seals, of the
parties, the date aforesaid.

DavidDavid Shipman

S Stephen Smith
seal

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[missing figure]

Filed 30th October 1827
& opened, same day

A GambleArchibald Gamble Clerk

MilleyMilley
vs
S. Smith

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[missing figure]

State ofIllinois IllinoisIllinois,
PeoriaPeoria County, CountyPeoria County,Sc.

I John Dixon, one of the Justices,
of the Peace in and for said
County do, Certify that in conformity, with
the requisitions, of the annexed, Dedimus, and
Notice I attended at the office of JohnJohn L LJohn L .
Bagardus, in said County on this 19th day of November 1827. Then came NathanNathan
DillonDillon who being conscienciouslyscrupulous
against taking any oath, being duly affirm
=ed,
saith. That on or about the 8th day of May 1827 he was in St LouisSt Louis MissouriMissouri
and saw there in the possession, of StephenStephen Smith
SmithStephen Smith who this deponent knows four
coloured, persons MillyMilly , William, HarryHarry Dick ,
DickHarry Dick , & David Shipman. which said colo
=ured
persons about that Time [ brout ]
Suit against said SmithSmith for freedom
this deponent saw the same, coloured
persons, about Six months previous, to
that time residing in PeoriaPeoria County, CountyPeoria County
IllinoisIllinois, to which place they had been
brought by one DavidDavid Shipman who
settled there with them this deponent

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[missing figure]

further says that in conversation with said
SmithSmith a Short time after said Negroes,
came to this place to reside that SmithSmith
told this deponent that he had a mortagage
or sum on said Negros but that he never
had them in his possession, neither had he
ever paid any money on account of them
and further this deponent saith not

Their came JohnsonJohnson Summers, who being
[ concienciously ], scrupulous, against taking
an oath who being by me duly affirmed,
saith that on or about the 8th day of May 1827 he arrived in St LouisSt Louis MissouriMissouri in
[ pursuit ] of four Negros said to have been
[ kidnaped ] from this County on or about
the 4th day of May 1827 their, names were
MillyMilly WilliamWilliam HarryHarry Dick ,DickHarry Dick and DavidDavid Shipman
that on said day he saw said Negros in
possession of Stephen SmithStephen Smith and further
that said Negros, brought suit for
freedom against said SmithSmith on or
about the same time in St LouisSt Louis MissouriMissouri
and further this deponent saith not.

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[missing figure]

Also at the same time and place,
came [ Sammuel ] Woodrow, who being by me,
duly sworn saith, that on or about
the 4th day of May 1827 he left home in
pursuit, of four Negros said to have
been stolen, that their names were MillyMilly ,
William, Harry DickHarry Dick & David Shipman
that on or about the 8th day of the same
month he saw said Negros in possession
of StephenStephen Smith ,SmithStephen Smith , against whom said
Negros brought suit for freedom in
the St louis Court. and further this
deponent saith not. affirmed and Sworn before
me

State of IllinoisIllinois
Peoria CountyPeoria County Ss.

John Dixon, Justice,
of the Peace

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[missing figure]

State ofIllinois IllinoisIllinois,
PeoriaPeoria County, CountyPeoria CountySs.

I John Dixon, Clerk of the
Circuit CourtCircuit Court in and for
the County ofCounty of Peoria PeoriaCounty of Peoria, do
certify that John Dixon, before whom
the within and foregoing depositions
were taken is now and was at the date
of the cause, am acting, Justice, of the Peace,
duly Commissioned and sworn as such,
In Testimony whereof I have hereunto set
my hand and affixed, my private seal
no Official seal being yet provided
this Nineteenth day of November A.D. 1827

[missing figure]

John Dixon,
Clerk

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[missing figure]

St. Louis Circuit CourtCircuit Court

MillyMilly , & others
vs
Stephen SmithStephen Smith
Depositions

Archibald GambleArchibald Gamble Esq,

Clerk of the Circuit CourtCircuit Court
St. LouisSt Louis
Mo.

signed & filed Nov 28th 1827

A G Clk

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[missing figure]
View original image: Page  095
[missing figure]
MillyMilly
vs,
Stephen SmithStephen Smith

Reasons for rejecting, testimony of
of witneses on behalf of defendant.

1st. no legal notice was given of the taking of them.

2. They were not taken at the time & place
for which notice was given.

3. They are not sufficiently authorized: the
official character of the person before whom
they were taken is not shown

4. The testimony therein is incompetent
and the witnesses were interested.

MarquisMarquis . Atty

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[missing figure]

MillyMilly
vs
Stephen SmithStephen Smith

reason for ex-
cluding depositions

filed Nov 28th 1827

A G Clk

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[missing figure]
MillyMilly
vs
Stephen SmithStephen Smith

And the said StephenStephen by
his Counsel Except to the depositions
taken in said cause on the part, of said
plaintiff for the following reasons,

1st. That there was no notice given
of the time, and place of taking said
depositors

2nd The said depositions are not
certified by the said justice accord=
ing to Law.

3rd The said depositions and the cer=
tificate
as to the official character
of the person before whoever they
were taken are illegal, informal and
insufficient

MarquisMarquis
Atty
for deft,

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[missing figure]

MillyMilly
vs
SmithSmith

filed Nov 29th 1827

A. G Clk

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[missing figure]

Sworn to subject
on this 7th Decr 1827
A GambleArchibald Gamble Clerk and he saith, further that in order to obtain
testimony in these cases, he has been compelled
& in order to obtain the depositions on the sub-
jects above mentioned, he will be compelled to
consult with said DavidDavid Shipman who emanci
pated, said plaintiffs & befriends them in these suits,
& is, as deponent understands acquainted, in said
Shelbyville, that said Shipman, the last this deponent
heard of him, was in IndianaIndiana and that by this
time he is probably in Tazewell County IllinoisIllinois, where
he resides, as deponent understand which is
at the distance of about near two hundred miles from
this place as he informed Deponent never saw said Shipman but
has received letters from him in relation to the plain-
tiffs
claim.

Sworn to and subscribed in open Court
before me this 8th December 1827

Archibald GambleArchibald Gamble Clerk

J. SpaldingJ Spalding

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[missing figure]

Decm7th 1827

Simon Philipson
vs
NancyNancy Baty Gats
Decmr to 1st Court
& plea, to second

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[missing figure]

MillyMilly ,
vs,
SmithSmith
affidavit, filed
Decr 10th 1827

A GambleArchibald Gamble
clk

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[missing figure]

St. Louis Circuit CourtCircuit Court

March Term 1828

MillyMilly suing for freedom
vs.
Stephen SmithStephen Smith

Be it remembered that on the trial
of this case the plaintiff MillyMilly proved that on the
thirtieth day of October in the year eighteen hundred and twenty six, one DavidDavid Shipman who had been
her owner & had been in possession of her for sev-
eral years inin the State of KentuckyKentucky went with
the said plaintiff in his possession to Jefferson County
County in the State of IndianaIndiana and there duly
executed the deed of emancipation hereinafter set
forth & acknowledged the same before a Justice of
the peace in said last mentioned State, the said
MillyMilly being present at the excecution of the
same deed: which said deed of emancipation
includes said MillyMilly as one of the persons therein
set free, and is in the words & figures following
(here set out the deed of emancipation) That immediately af
terwards said DavidDavid Shipman carried said MillyMilly
to PeoriaPeoria County, CountyPeoria County in the State of IllinoisIllinois, where
he (said Shipman) settled,, hired a farm & stocked the same declared
that he meant to reside there permanently & has
ever since resided there & kept, said MillyMilly there: that said MillyMilly resided there
with him from October or November in eighteen hundred twenty six
to sometime in May eighteen hundred twenty seven
at which time the defendant came thither &
took said MillyMilly secretly, against her consent & the consent of said Shipman & brought her to St. LouisSt Louis where
the present suit for freedom was commenced

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[missing figure]

The defendant then proved that on the seventeenth day of Oc-tober eighteen hundred twenty six said Shipman then being a
resident of KentuckyKentucky & owning & possessing said
MillyMilly , executed the following mortgage which em-
braces said MillyMilly among other property enumerated
therein viz: (here set out the mortgage to SmithSmith )
that soon after executing said mortgage said
Shipman who was greatly embarrassed, took the
said MillyMilly with several other of his slaves and
went secretly, ran away, with them to IndianaIndiana,. Defendant likewise proved that
as security for, said Shipman, & after said deed, of emancipation was executed he he paid to the
Sheriff who had executions against him, the
claim of Levin Cooper & the claim of PollyPolly Rice,
mentioned in said mortgage amounting to the sum,
of six hundred thirty two dollars, fifty four cents, said ex-
cutions having issued after said Shipman had carried said MillyMilly
into IndianaIndiana.

It was proved that SmithSmith never
had possession of said MillyMilly till May in eighteen hundred twenty seven
aforesaid when he went to IllinoisIllinois & carried her
away as above setforth; and that said Ship-
man had always had possession of her during a
period of several years till said last mentioned
time.

No other testimony material to the points of
law raised by the instructions was given on either side.

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[missing figure]

The plaintiffs counsel then asked the Court to in-
struct the Jury as follows. (here set out instructions
asked for by plffs, counsel) Which instructions and
each of them the Court refused to give and then
proceeded did to instruct, the Jury as follows (here set out
the instructions marked A at the top) to which last in-
structions & giving the same the plaintiffs Counsel
excepted: & likewise excepted to the Courts refusal
to give the instructions before set forth herein asked
by him, and the Court being prayed to sign and
seal this the plaintiffs bill of exceptions the
same is done accordingly.

WillWill . C. CarrCarr ,

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[missing figure]

MillyMilly
vs,
Stephen Smith
Bill of Exceptions

filed 4th April 1828

Archd GambleArchibald Gamble Clerk

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[missing figure]
MillyMilly suing for freedom
vs.
Stephen SmithStephen Smith

St. Louis Circuit CourtCircuit Court

The above named MillyMilly plaintiff in
said suit being sworn on her oath saith, that the
application for an appeal in said cause made by
her is not made for the purpose of vexation or delay
but because the affiant verily believes she is aggriev-
ed by the Judgment in said case; in which case she
has prayed an appeal: and further saith not.

Sworn to and subscribed before me
this 31st day of March 1828

Archibald GambleArchibald Gamble Clerk

MillyMilly her +
mark
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[missing figure]

MillyMilly
vs.
Stephen SmithStephen Smith
affidavit for appeal

Filed 4th April 1828

Arch GambleArchibald Gamble Clerk

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[missing figure]

In the Supreme CourtSupreme Court of March Term -1828-

MillyMilly suing for freedom
vs.
Stephen SmithStephen Smith

And now at this day comes, the said MillyMilly
the Appellant by J. SpaldingJ Spalding her Attorney and says
that in the record and proceedings aforesaid and in the
rendition of Judgment aforesaid there is manifest error in this towit: that by the record aforesaid it appears that
Judgment is given for the said Stephen SmithStephen Smith whereas
by the law of the land it ought to have been given for
the said MillyMilly and against the said StephenStephen ; and
there is also error in this towit that said Circuit CourtCircuit Court
refused to give to the Jury the instructions and each of
them which were prayed for by said MillyMilly . Whereas by
law said Circuit CourtCircuit Court should have given each of said
instructions; and there is error in this towit that the
Court instructed the Jury in such manner and form as
appears by the bill of exceptions, that said deed of emancipa
-tion was void and that the said MilleyMilley could not
become free by her residence in IndianaIndiana & IllinoisIllinois
unless,SmithSmith assented to the removal of said MillyMilly thither
which last mentioned & referred to instructions ought
not by the law of the land to have been given, and so
said Judgment is [ erroneus ]. And said MillyMilly prays that
the same for these and other errors in the record, and
proceedings aforesaid may be reversed & for naught
held & said MillyMilly may be restored to all things which
she hath lost by reason of said Judgment

J. SpaldingJ Spalding
for Appellant

In nullo est. erratum
Geyer
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[missing figure]

MissouriMissouri of Supreme Court 3rd Judical Circuit
May Term -1828-

MillyMilly
vs.
Stephen SmithStephen Smith

Error from St. Louis Circuit CourtCircuit Court
Now at the day towit. May the Eighth day in the year Eighteen hundred and twenty eight come the parties aforesaid by their respective attornies, and after hearing the arguments of Counsel the
Court not being sufficiently advised of and concerning the premises
and what Judgment to give take time to consider

And afterwards towit at the same time of the said Court,
on the thirteenth day of the said month of May came again the
parties aforesaid by their respective attornies aforesaid and the court here
being sufficiently advised of and concerning the promises consider
that the Judgment aforesaid in form aforesaid by the said CircuitCircuit Court
CourtCircuit Court rendered for recovered and for ought held and returned and it
is ordered that the said case be to the said Circuit CourtCircuit Court for
a new trial in conformity with the opinion in this case And it is
further considered that the said plaintiff recover against the said StephenStephen Smith
SmithStephen Smith her costs, and charges in the prosecution of this writ of error and
that she have thereof execution.

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Supreme CourtSupreme Court
May Term 1828.

MilleyMilley
vs.
Stephen Smith

of
of
Judgment

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[missing figure]
MillyMilly a woman of Color
vs
Stephen SmithStephen Smith

Appeal from St. LouisSt LouisCir. CourtCircut Court

This was action of trespass &c. under,
the Statute, brought by MillyMilly the Apps. against SmithSmith the
apple. to establish a right to freedom. The appellee pleaded
the general issue. Judgment was entered for the Appellee. From which the appellant appeals to this Court.

The facts proved at the trial one, that DavidDavid Shipman
a resident of KentuckyKentucky owned and was in possession, of the
appellant as a slave, that on the 17th. of October 1826 while
residing in KentuckyKentucky he executed a deed to said SmithSmith of
which a Copy is here given,noz. "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 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
Shelby CountyShelby County on Guess's Creek containing 26 acres upon
which said Shipmans grist and saw mill now stands
also a Negro man named MosesMoses about 20 years of age, one
woman named MillyMilly about 25 or 6 years old, one child
called DavidDavid about 18 months old, HarryHarry about 16 years
Bill about 12 or 13 years old. SarahSarah about 27 years old,
ElizaEliza about 15 years old six head of horses one yoke of
Oxen & Cart, ten head of Cattle, 20 head of sheep, 20 head of
hogs, beds &, furniture, household and Kitchen furniture
of every description, farming utensils and one Clock.
So have and to hold the said land, slaves & Chattels

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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 title thereof to the said
SmithSmith and his heirs against the claim of all persons what
-soever, rendered however subject to the following condi-
-tions that is to say that whereas the above named
DavidDavid Shipman is indebted, to the Commonwealths Bank
in about the sum of eight hundred dollars for which the
said Stephen SmithStephen Smith is secured 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 said
StephenStephen is bound as security in a replevin bond, also
indebted to ElijahElijah WarnerWarner in about the sum of one hun
-dred dollars and twenty dollars an execution in the
name of Helen for about one hundred & forty dollars
for which sums said StephenStephen is also bound as security
and is also indebted to said StephenStephen in his own, right
in about the sum of $20 . due by note. Now the lands
Chattels and Slaves aforesaid with their future increase
are hereby declared to be given in mortgage to secure
save, 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 express
-ly
understood and agreed between the parties that said
DavidDavid Shipman may and is hereby permitted to retain and
keep possession of the said land and 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 of their fair value
and apply the proceeds thereof to the payment of the liabilities
and claims herein enumerated or to the discharge of a

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Judgment 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 âWitness &câ the deed is signed
by both parties. This instrument of writing, was recorded in
Shelby CountyShelby County. That soon after the execution of said
Mortgage said Shipman being greatly embarrassed took the
said MillyMilly with several other of his slaves and secretly ran
away with them to Indiana_ that in Jefferson CountyJefferson County in
the State of IndianaIndiana he executed a deed of emancipation
to said slaves of whom said MillyMilly then present was one and
acknowledged the same before a Justice of the peace of said
State this deed bears date 3d. October 1826, but was acknow-
ledged on 30th. of same month, that immediately after
wards said Shipman carried said MillyMilly to said PeoriaPeoria County, CountyPeoria County
in the State ofMissouri MissouriMissouri IllinoisIllinois where he said Shipman
settled, hired a farm, stocked the same and declared that
he intended to reside there permanently and has ever
since resided there and kept MillyMilly there that said MillyMilly resided
there with him from October or November 1826 'till, some
time in May 1827, at which time the defendant came
thither and took said MillyMilly secretly away against
her consent and the consent of said Shipman, and
brought her to St. LouisSt Louis where the present suit for freedom
was commenced, that after said Shipman had carried
said plaintiff to IndianaIndiana said SmithSmith had paid for him
$632.54 an executions which the Sheriff had against
him for some of the debts above mentioned in said Mort
-gage. This money was paid after the execution of said
deed of emancipation; that said SmithSmith never had possession

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of said MillyMilly 'till May 1827. When he removed her from IllinoisIllinois
as above stated; of that said Shipman had for several years
been in possession of her till she was taken away as before
mentioned. The Circuit CourtCircuit Court having refused to give
several instructions prayed for by the Sheriff plaintiff
proceeded to instruct the Jury that if they believed from
the evidence that said Shipman executed said mortgage
for a valuable consideration to said SmithSmith , that said
SmithSmith became in Virtue thereof the legal owner thereof
of said MillyMilly . And that said MillyMilly could not be free by
her residence in IndianaIndiana and IllinoisIllinois in virtue of Ordin
=ance of 1787. unless, it appeared to their satisfaction that
SmithSmith assented to the removal, of said MillyMilly to which
last instructions the plaintiffs counsel excepted; and
also excepted to the refusal of the Court, to give the instruc
-tions
prayed by the plaintiff which it is not considered
material to notice at this time.

This Court is not disposed to veiw the deed of
emancipation with much favor. The plaintiff can
-not be regarded as a purchaser for a valuable consider
-ation a slave having nothing to give, but it has after
been decided by Courts of the late Territory of MissouriMissouri
and of this State that slaves carried into IllinoisIllinois with a
view to residence and staying here long enough to acquire
the character of residents do by virtue of such residence
become free. The plaintiff in the Circuit CourtCircuit Court made out
a prima facie case of freedom. but if SmithSmith be the legal owner
and did not at the removal of the plaintiff
from KentuckyKentucky to IndianaIndiana and IllinoisIllinois, then we are
of opinion that the plaintiff did not acquire her freedom
by such residence. This mortgage as it is called, was made

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in KentuckyKentucky and ought to receive in our courts such
construction as it would then receive. What construction
would be there given to it cannot judicially be known
to this Court_ of as the Circuit CourtCircuit Court decides, SmithSmith became
by virtue of the instrument of writing executed to him by
Shipman the legal owner of MillyMilly , and if as it has been
contended in argument, the recording of that instrument is
by the Statutes of KentuckyKentucky notice to all persons, of Smiths night
same evidence of these laws of KentuckyKentucky ought, we think to
have been preserved on the record. If we are to cause true,
the writing according to our own laws (which must govern
us where the foreign law is not proved) we are inclined to
think Shipman is the legal owner. Since by the contract
the right of possession remained in him for an indefinite
time and SmithSmith had only a lien on her to secure the payment
of debts, which lien Shipman might at any time have defea
=ted by paying those debts.

The judgment of the Circuit CourtCircuit Court is recorded
and the cause sent back for further proceedings.

Mathias McGirk
George Jampkins
R WashR Wash
Judges

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Error and that she have thereof Execution

I Archibald GambleArchibald Gamble Clerk of the Supreme CourtSupreme Court of
the State of MissouriMissouri for the 3rd, Judicial district Certify
that the foregoing is a true transcript of records on file
in my office MillyMilly a woman of Color vs. Stephen SmithStephen Smith

[missing figure]
Witness my hand & Official seal this
day of in the year Eighteen hun-dred & twenty eight.
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Supreme CourtSupreme Court
May Term 1828

MillyMilly
vs
Stephen SmithStephen Smith
Opinion

Filed 4th August 1828

Archibald GambleArchibald Gamble Clerk

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MillyMilly
vs.
Stephen SmithStephen Smith

In St. Louis Circuit CourtCircuit Court.

Whereas Judgment in said cause has been
rendered at this present July Term of said Court against
said MillyMilly the petitioner in said case for freedom & she is
about having out a writ of error to the Supreme CourtSupreme Court of Missouri
of MissouriSupreme Court of Missouri to have the case finally decided in that Su-
preme Court; now it is agreed that said Judgment
in the Circuit CourtCircuit Court shall not be enforced, until the
case be finally decided in the Supreme CourtSupreme Court , provided
there be no unnecessary delay in the prosecution of
said writ of error. The cases of her children shall remain
as they now are; and the persons being, in the Sheriffs hands,

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[missing figure]

Under order of Court until the final disposition of
Milly's case as aforesaid,

August 17th 1829

Ally eyez
J. SpaldingJ Spalding

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[missing figure]
MillyMilly
vs
Stephen SmithStephen Smith

Agreement of Council
as to all the negro
cases

Filed August 17th 1829

A Gambke Clk

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State of MissouriMissouri
Supreme CourtSupreme Court
Third Judicial, District

September 23, 1829

MillyMilly a woman, of Colour
vs
Stephen SmithStephen Smith

Error to St. Louis Circuit CourtCircuit Court

Now at this day come again the parties aforesaid by
their respective attornies and the Court here being now fully
advised of and Concerning the promises consider that the Judgment
aforesaid in form aforesaid, by the said Circuit CourtCircuit Court rendered,
be revised and for nought held and esteemed and the court
here proceeding to give such judgment as the Circuit CourtCircuit Court ought
to have rendered, in the promises, do the think fit to order and
adjudge, and it is accordingly ordered and adjudged that
the said MillyMilly ought to be and is free, and is is further con
sidered that the said MillyMilly recover against the said StephenStephen Smith
SmithStephen Smith her costs, and charges by her about her prosecution in
the Circuit CourtCircuit Court and of her which of error in this behalf
expressed and that she have thereof execution.
Thereupon the defendant by his attorney moves the court for
a rehearing in this case and files his reasons therefor, whereof
on the judgement in this case is set aside and a rehearing
is granted, and the cause continued to the next term, of this
court

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[missing figure]
MillyMilly Coloured Woman
vs
Stephen SmithStephen Smith

Error from St. Louis Circuit CourtCircuit Court
Tuesday April 13th 1830

And now at this day comes again here into Court
the plaintiff in error by her attorney and the defen-
dant the called comes not and the court now being
sufficiently advised of, and concerning the precise
consider that the judgment aforesaid in form afore-
said by the said Circuit CourtCircuit Court rendered, be reversed,
and for nought held and esteemed and the Court now
proceeding to give such judgment as the said CircuitCircuit Court

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CourtCircuit Court ought to have rendered in the promises doth think
to order and adjudge, and in conformity with the
opinion of this court in this case given of the last
term of this court it is so ordered and adjudged that
the said MillyMilly ought to be and is free from said StephenStephen Smith
SmithStephen Smith and from all persons claiming from through or and or
him and it is further considered that the said
MillyMilly recover against the said Stephen SmithStephen Smith her
Costs and Charges by her in the prosecution of her
suit in the Circuit CourtCircuit Court and of her writ of error
in this behalf expanded and that she have thereof
execution.

I JosephJoseph C BrownBrown Clerk of the SupremeSupreme Court
CourtSupreme Court for the third Judicial District in the StateMissouri
of MissouriMissouri do certify the above and foregoing to
be a true and full copy of the Judgment of the
of the record of the judgment of the said Court
in the said Case of MillyMilly a woman of Colour by, Ste,
phen,SmithSmith as the Same remains in the Said Office

[missing figure]
Witness my hand, and seal of Office
at office this thirteenth day of April in the year of our Lord eighteen hundred and thirty

Jos. C BrownBrown Clerk

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May 21, 1830

Mr. Gamble

Will Please examine among the papers
of the Suits of MillyMilly vs. Stephen SmithStephen Smith , Harry DickHarry Dick
vs Same, WilliamWilliam vs. Same, & DavidDavid Shipman
vs. Same: Where you will find deeds, of emanci-
pation executed by Shipman in favor of the
above mentioned blacks, as also in favor of
MosesMoses . &c. Please deliver these deeds to the
bearer,WilliamWilliam , as they were merely left in Court
among the papers for purpose of drawing special ver-
dict, & do not belong there. Yours &c.

J. Malory

They are wanted immediately.

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[missing figure]

Clerk of Circuit CourtCircuit Court
St. Louis County

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[missing figure]
MillyMilly vs.SmithSmith

[undated]

SpaldingSpalding read from Settable Laws of KentuckyKentucky,
vol. 2 page 120.1. Sec: 34.35.36.37.
,, 1. 371.
Frauds & perjueries.

Settable& Sergent 1. vol. 324- must record mortgages &c.

GeyerGeyer - negroes, real estate 28 sec: same above
Common law introduced -
8. Sec: Constitution of KentuckyKentucky
implied by the general deed,
of 8. sec: that mortgage ought to be recorded, but
it is expressely, enacted see sec 31.
2. Bubb. 244.

SpaldingSpalding - The instrument is not a mortgage but
only creates a law,- that the recording or not
is of no importance here. As between
Shipman & SmithSmith the question of notice
cannot arise,-
slaves decided, to be personal property with=
in statute, of frauds. Bibbs. Reports vol
so declared for various, purposes.

in 1796, act, saying land to be passed, only by
deed.

MarquisMarquis - for tail in slaves declared to be an
estate of fee simple
5. Bacon, Mortgage B

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1. Settele. 315- as 10 words bargan & sell.

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MillyMilly vsSmithSmith
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[missing figure]

And the Court sitting on a Jury doth find
that on the seventeenth day of October in the year eighteen hundred and twenty six, and DavidDavid Shipman,said Stephen SmithStephen Smith then being a resident of the
State ofKentucky KentuckyKentucky,& owning, as his slave, & possessing, said,MillyMilly , the
plaintiff executed the following instrument of writing
which embraces said MillyMilly among other property enume-
rated
therein; which instrument then signed likewise, by said StephenStephen Smith ,SmithStephen Smith is in the following words
(hence act out the instrument of Mortgage between SmithSmith &
Shipman). And the Court in its capacity aforesaid
further says, that soon after the execution
of the said instrument called a mortgage, said Daved
Shipman who was then greatly embarrassed in his pecuniary circumstances took the
said MillyMilly with several other of his slaves and secretly,
and with intent to withdraw himself & property from said SmithSmith , & other creditors, ran, away with them to the state of IndianaIndiana,, and there
in JeffersonJefferson County, CountyJefferson County in said State ofIndiana IndianaIndiana, executed
duly the deed of emancipation herein set out & ack-
nowledged
the same before a Justice of the peace in the
same State, the said MillyMilly being present at the execu-
tion of said deed of emancipation; which said deed of
emancipation includes saidMillyMilly as one of the
persons therein named as set free, and is in the words
and figures following to wit; (here set out the
deed, of emancipation). and the person of
their oarth aforesaid and said Court doth further find, that imme-
diately after the execution of said deed of emancipa
tion, 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 permanentaly hired, a

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1 farm and stocked the same, & declared that he meant,
to reside there permanently, & has ever since resided
there: and that he kept said MillyMilly , there with the in-
tention of making the same place her domicile,
as well as his own: and that she resided with him
these 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 StephenStephen Smith SmithStephen Smith came thither, and
took said MillyMilly , secretly against her consent and
the consent of said Shipman & brought her to StSt Louis.
LouisSt Louis claiming her as his slave, & holding, her as his slave, when & where this suit, for
fredom was commenced,. And said Court doth,the person aforesaid
further find, that after the said deed of emancipation
was executed, the said StephenStephen Smith ,SmithStephen Smith paid as secu-
rity, for said Shipman, to the Sheriff who had execu-
tions against him therefor, the claim of Levin
Cooper & 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 exe-
cutions issued after said Shipman had carried
said MillyMilly , into the State of IndianaIndiana as afore-
said. And said Court doth further find that said Ste-
phenSmithSmith 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, & seized, & carried her away as
aforesaid and that he claims her as a slave under, said deed of mortgage & in no other way:: and that said Shipman had always,
had possession of her during a period of several
years, till said last mentioned time. And the

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said Court doth further find Form do oath fourth saythat the
aforesaid deed executed between said SmithSmith & Shipman
called, a Mortgage, was so executed in Shelby CountyShelby County
in the State ofKentucky KentuckyKentucky, in which, State both
Shipman & 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 acknowledged before and recorded, by the clerk of the county court, of said,
county of
ShelbyShelby 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, & went into operation
in said State on the eighth day of February in the year one thousand seven hundred ninety eight
vis (here set out Sections 28, 29, 30, 31, 32, 33, 34,
35, 36, 37, & 38 in B Hol.Littlls Laws of KentuckyKentucky, page 120)
and said Court further says that the following statute
entitled, an all to prevent fraud, & perjuries, "was passed
by the Legislature of KentuckyKentucky, & went into operation
in that State on December fourteenth in the yeareighteen one thousand seven hundred and ninity six viz, (here set out 2 & 3 sections of that
act 1 vol, Littell's, laws, page 371. 372.) and
said Court further says, that in the year one thousand seven hundred and seventy six, the Convention of the
State ofState of Virginia VirginiaState of Virginia passed the following ordinance to wit
(here set out ordinance headed VI in Littell's Laws
1 vol. page 390.), and said Court says further that
in June in the year one thousand eight hundred
the Constitution of the State ofKentucky KentuckyKentucky went into
operation in which is the following clause viz;
(here insert, 8th clause of 6th Article see 1 Vol
Littel, page 50) and said Court says that the Legis-
lature of KentuckyKentucky, passed the following act which went
into force on nineteenth December in the year

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seventeen hundred ninety six viz, (here insert 1st.
11th & 12th Sections 1 Littell's, page 567 & 572
) and said Court finds
further that the Legislature of said State ofKentucky KentuckyKentucky passed
the following act which went into operation in KentuckyKentucky on the
thirteenth day of December in the year eighteen hundred and twenty, viz(here insert 1 Littell, &
page 324 Section 4
respecting mortgages, &c.)

And said Court sitting as aforesaid doth,summon thier oath aforesaid further find
that the second oath & clauses of acts & ordinances & consti-
tutional,
provisions, aforesaid went into force at the times respectively
in that behalf above stated, & continued in force from thence
to the present time, Milly's said acts with or
are repugnant, to each other.

And this court sitting to determine the issue, in
form, aforesaid promised, not being advised whether
according to the law, of the land, the said issue
ought to be found for the plaintiff or the defendant
doth say that if issue, being sufficiently
of & concerning, promises the court shall, be of opinion, that
the issue, ought to be found for the plaintiff
there the court sitting to determine the issue,
aforesaid doth, say that defendant is guilty,
of the trespasses, in the declaration mentioned in
manner and form as the plaintiff hath
in her declaration, alleged and doth assess,
the damages of the plaintiff by her sustained,
by occasion, of the premises, at one cent, but
if the Court shall be of opinion, such
aduriment that the said issue, ought to
be found for defendant then, the court
sitting to try the issue, aforesaid, doth find
the said defendant not guilty of the
said trespasses, in manner and form
as the plaintiff hath complained against
him

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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.

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(A) (Instructions given)

and the Court proceeded to instruct the Jury: That said
SmithSmith was of said mortgage
if the Jury believed
from the evidence that said Shipman executed said Mortgage
for valuable consideration, to said SmithSmith that said SmithSmith
became in virtue thereof the legal owner of said MillyMilly
& that said deed, of emancipation was void: and that
said MillyMilly could not become free by the residence in
IndianaIndiana & IllinoisIllinois in virtue, of the ordinance of
1787, unless it appeared to their satisfaction that SmithSmith
assented to the removal, of said Milly

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[missing figure]

Milly
vs.
Stephen SmithStephen Smith

plffs, instructions

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[missing figure]
MillyMilly
vs.
Stephen SmithStephen Smith
Harry DickHarry Dick
vs.
Same
WilliamWilliam
vs.
Same
DavidDavid Shipman
vs.
Same

JosiahJosiah Spalding SpaldingJosiah Spalding attorney for the plain-
tiffs in above cases being sworn saith that said
plaintiffs are claimed to be slaves under a mortgage
purporting to be executed by DavidDavid Shipman for-
merly owner of said slaves to said SmithSmith the de-
fendant that said Shipman has executed eman-
cipations of said slaves as deponent believes; that
the said mortgage contains in addition to the
plaintiffs, other property to wit three other slaves
six head of horns, a yolk of oxen,, ten
head of cattle, thirty head of sheep, thirty head
of hogs, beds & furniture, household & Kitchen
farming utensils & one clock also a tract of land,
in ShelbyShelby County, CountyShelby County State ofKentucky KentuckyKentucky upon which is grist & saw
mill as stated in said mortgage: all which prop=
erty said mortgage state was executedtherein
pledged to secure said SmithSmith against certain
liabilities he had incurred, to said Shipman
to about the amount of seventeen or eighteen hundred
dollars & for a debt due to said SmithSmith of
about two hundred dollars & for no other
purpose: that this deponent never saw said
mortgage or knew its contents until some
time in November last, some days as
he thinks after the same was filed in the
clerk's office attached to depositions, that when
he saw said mortgage it was too late to take
depositions for this term, for the purpose of showing wheth-
er

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[missing figure]

er said mortgage had been satisfied, out of
the other property mentioned in said mort-
gage other than the said plaintiffs: or
whether the said mortgaged property omitting,
the plaintiffs is not amply sufficient to
indemnify, & pay said SmithSmith all the liabilities
stated in said mortgage; nor can this
deponent obtain, any information on these
matters from the plaintiff who say they
are utterly ignorant of said mortgage's
having been given nor has this deponent satisfactory information thereon that the distance from this place to take said depositions
deponant understands,
is at least 350 miles: that this deponant
deems it unsafe to go to trial without
testimony as to said, mortgaged property its
value & as to what has been done under
said mortgage: and expects that he will
be able to have such testimony in time
for trial of said cases at the next term
of this Court: and further that this depo-
nant in there cases labors under great em-
barrasments from the characters of said
plaintiffs, & the difficulty of preparing for
trial by getting depositions taken at said Shelbyville, where he is
not acquainted with an individual & knows
not will be obliged previously to spend considera-
ble time in inquiries before he can set a day
& plan for taking depositions for the purposes
aforesaid: This deponent refers to said mortgage
on file here for its contents.

J. SpaldingJ Spalding

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[missing figure]

MillyMilly
vs
Stephen SmithStephen Smith

transcript, of Judgement
of Supreme CourtSupreme Court

fees .90 seal 1.00 $1.90
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[missing figure]

State of MissouriMissouri
County of the St. LouisSt Louis

To wit
Stephen SmithStephen Smith
ads
[ MollyMolly ] a woman of color

In the Circuit CourtCircuit Court

WillWill take notice that a dedimus has issued
in the above cause to any Judge or Justice
of the Peace of the State of KentuckyKentucky to take
the depositions of Witnesses in the above cause
on the part of the defendants and that
by virtue thereof on the second Monday in
September next, and so on from day to
day until the same shall be finished I
shall proceed between the hours of Eight
O'Clock A.M. and six O'Clock P. M.
of that day at the house of RobertRobert Bran-
ham in the town of Shelbyville in the
state of KentuckyKentucky to take the depositions
of Witnesses to be read on the trial of
said Cause on the part of the Defend
ant.

Stephen SmithStephen Smith
by A. L. Marquis
his atty

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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

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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

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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

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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

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absolute right property and interest of such slave or slaves is hereby vested
and shall accrue to and be vested in the husband of such feme covert;
and where any feme sole is or shall be possessed of any slave or slaves as of
her own proper slave or slaves the same shall accrue to and be absolutely
vested in the husband of such feme when she shall marry Sec 35 any
infant above the age of Eighteen years by his or her last will and testaments
in writing may dispose of and bequeath the absolute right property and
interest of any slave or slaves whereof he or she shall be possessed. Sec 36.
No slave or slaves whatsoever shall be forfeited except in such cases where
the lands and tenements of the person incurring the forfeiture is, should
or might be forfeited Sec 37. No Executor or administrator hath or shall
have any power to sell or dispose of any slave or slaves of his testator or
intestate Except for the paying and satisfying the just debts of such
testator or intestate and then only where there is not sufficient of the
personal estate of such testator or intestate to satisfy and pay such debts;
and in that case it shall and may be lawful for the Executor or ad
-ministrator to sell and dispose of such slave or slaves as shall be
sufficient to raise so much money as the personal Estate falls short
of the payment of the debts Sec. 38. it shall and may be lawful for any
person or persons whatsoever by deed Executed in his her or their lifetimes or by
his, her or their last will and testament wherein any lands or tenements
shall hereafter be settled conveyed or devised for life or lives to settle convey
or devise any slave or slaves and in such deed or last will to declare
that such slave or slaves and their increase so long as any of them shall
be living shall descend pass and go as part of the freehold to such person
or persons to whom such lands and tenements shall be so conveyed or
devised, and to whom the same shall from time to time descend and
come: and such declaration shall be good and Effectual in law to annex
such slave or slaves to the freehold and inheritance of such lands and
tenements, and they and their increase so long as any of them shall be
living shall descend pass and go in possession reversion and remainder
with such land and tenements: or where any person shall by his deed
Executed in his lifetime or by his last will and testament in writing
settle convey or devise and lands and tenements for life or lives, and
shall in the same deed or will settle convey or devise any slave or
slaves with the same limitation or limitations with which such lands
and tenements shall be so settled conveyed or devised such limitation
or limitations shall amount to a declaration of the intent of the
party selling conveying or devising the same, that the same should

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be annexed to such lands and tenements and shall descend pass
and go therewith from time to time as aforesaidâ and said Court further
says that the following statute entitled an âact to prevent frauds and
perjuries" was passed by the Legislature of KentuckyKentucky and went into
operation in that State on December fourteenth in the year one thousand seven hundred and ninety six viz; sec 2. every gift grant or
conveyance of lands tenements or hereditaments goods or chattels or of
any rent common or profit of the same by writing or otherwise: and
every bond suit Judgement or Execution had or made and contrived
of malice fraud, covin, collusion or guile to the intent or purpose to
delay hinder or defraud creditors of their just and lawful actions
suits, debts, accounts damages penalties or forfeitures or to defraud or
deceive those who shall purchase the same lands, tenements or here-
-ditaments, or any rent profit or commodity out of them shall be
from thenceforth deemed and taken (only as against the person or
persons his her or their heirs successors Executors administrators or
assigns and every of them whose debts suits demands Estates and
interest by such guileful and covinous devices and practices aforesaid
shall or might be in anywise disturbed hindered delayed or defrauded
to be clearly and utterly void; any pretence colour feigned consideration
Expressing of use, or any other matter or thing to the contrary notwith-
-standing; and moreover if a conveyance be of goods and chattels
and be not on consideration deemed valuable in law it shall be
taken to be fraudulent within this act unless the same be by will
duly proved and recorded or by deed in writing acknowledged or
proved if the same deed includes lands also in such manner as
conveyances of lands are by law directed to be acknowledged or
proved: or if it be of goods and chattels only then acknowledged or
proved by two witnesses in the office of the court of appeals or district
court, or in the court of quarter sessions or county court of the county
wherein one of the parties lives within Eight months after the Execution
thereof or unless possession shall really and bonafide remain with
the donee, and in like manner where any loan of goods and chattels
shall be pretended to have been made to any person with whom or
those claiming under him possession shall have remained by the
space of five years without demand made and pursued by due
process at [ lan ], on the part of the pretended lender or where any
reservation or limitation shall be pretended to have been made
of an use or property by way of condition reversion remainder or

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otherwise in goods and chattels the possession whereof shall have
remained in another as aforesaid the same shall be taken as to
the creditors and purchasers of the persons aforesaid so remaining
in possession to be fraudulent within this act and that the absolute
property is in the possession unless such loan reservation or limitation
of use or property were declared by will or deed in writing proved
and recorded as aforesaid Sec 3 this act shall not extend to any Esate
or interest in any lands goods or chattels or any rents common or profit
out of the same which shall be upon good consideration and bona
fide lawfully conveyed or assused to any person or persons bodies
politic or corporateâ and said court further says that in the year
one thousand seven hundred and seventy six the Convention of
the Sate of VirginiaVirginia passed the following ordinance to wit; "VI. And be it further ordained that the common law of EnglandEngland all
Statutes or acts of Parliament made in aid of the common law prior
to the fourth year of the reign of King James the first and which are of a general
nature not local to that Kingdom together with the several acts of the
General assembly of this colony now in force so far as the same may
consist with the several ordinances declarations and resolutions of
the general convention shall be the rule of decision and shall be the rule of decision and shall be
considered as in full force until the same shall be altered by the
legislative power of this colonyâ and said court says further that in
June in the year one thousand Eight hundred the Constitution of the
State of KentuckyKentucky went into operation in which is the following clause
viz" 8. all laws which on the first day of June one thousand seven hundred and ninety two were in force in the State of Virgima and which
are of a general nature and not to eat to that State and not repugnant
to this Constitution nor to the laws which have been Enacted by the
legislature of this commonwealth shall be in force within this
State until they shall be altered or repealed by the general assembly
and said Court says that the Legislature of KentuckyKentucky passed the
following act which went into force on nineteenth December in the year seventeen hundred and ninety six viz; Sections | Be it enacted
by the General Assembly that no Estate of inheritance or freehold
or for a term of more than five years in lands or tenements shall
be conveyed from one to another unless the conveyance be declared
by writing sealed and delivered nor shall such conveyance be good
against a purchaser for a valuable consideration. not having

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notice thereof, or any creditor unless the same writing be acknow-
-ledged by the party or parties who shall have sealed and delivered it, or
be proved by three witnesses to be his her or their act in the office of
the clerk of the Court of appeals, of a district court or in a court of quarter
sessions or county court in the manner prescribed by law or in the
manner hereinafter directed within Eight months after the time of
sealing and delivering and be lodged with the Clerk of such court to
be there recorded âSec 11. Every Estate in lands which shall hereafter
be granted conveyed or devised to one although other words heretofore
necessary to transfer an estate of inheritance be not added shall
be deemed a fee simple if a less Estate be not [ limitted ] by express words
or do not appear to have been granted conveyed or devised by con-
-struction or operation of law - where an Estate hath been or shall be
by any conveyance limited in remainder to the son or daughter
or to the use of the son or daughter of any person to be begotten such
son or daughter born after the decease of his or her father shall
take the estate in the same manner as if he or she had been
born in the lifetime of the father although no Estate shall have
been conveyed to support the contingent remainder after his
death Sec 12. By deed of bargain and sale or by deeds of lease and
release or by covenant to stand seized to use or deed operating by
way of covenant to stand seized to use the possession of the bargainor
releaseor or covenantor shall be deemed heretofore to have been
and hereafter to be transferred to the bargainee releasee or person
entitled to the use for the Estate or interest which such person hath
or shall have in the use as perfectly as if such bargainee releasee
or person entitled to the use had been Enfeoffed with livery of
[ seisin ] of the land intended to be conveyed by the said deed or covenant-
and said court finds further that the Legislature of said State of KentuckyKentucky
passed the following act which went into operation in KentuckyKentucky on
the thirteenth day of December in the year Eighteen hundred and twenty viz; Sec 4. no deed of Mortgage or deed of trust hereafter made
or Executed for or upon any real or personal Estate shall be good or
valid against any creditor or a purchases for valuable consideration
without notice thereof unless such deed shall within sixty days
after its Execution upon the acknowledgment or proof thereof by
two subscribing witnesses according to the Existing laws be deposited
for record in the office of the County court clerk of the County
where the estate therein conveyed or the greater part thereof lies, and
the court sitting as aforesaid doth further find that the several

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acts and clauses of acts and ordinances and constitutional provisions
aforesaid went into force at the times respectively in that behalf
above stated and continued in force from thence to the present time
unless said acts interfere with or are repugnant to each other and
the court sitting to determine the issue in form aforesaid joined not
being advised whether according to the law of the land the said issue
ought to be found for the plaintiff or the defendant doth say that
if upon being sufficiently advised of and concerning the premises
the court shall be of opinion that the issue ought to be found for
the plaintiff then the court sitting to determine the issue aforesaid
doth say that defendant is guilty of the trespasses in the declaration
mentioned in manner and form as the plaintiff hath in her
declaration alleged and doth assess the damages of the plaintiff
by her sustained by reason of the premises at one cent but if
the court shall be of opinion upon such advisement that said
issue ought to be found for defendant then the Court sitting to
try the issue aforesaid doth find the said defendant not guilty
of the said trespasses in manner and form as the plaintiff hath
complained against him

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seventeen hundred ninety six viz (here insert,1st.
11th & 12th Section, 1 Littill page 567 & 572
) and said Court finds
further that the legistations of said State of KentuckyKentucky passed
the following act which went into operation in KentuckyKentucky on the
thirteenth day of December in the year eighteen hundred and twenty, viz (here insert 1 Littill &
froigent page 324 Section 4
respectively mortgages, &c.)

and said Court sitting as aforesaid doth further find
that the second oath & clauses of acts & ordinances & Consti-
tutional provisions aforesaid went into force at the times respectively
in that behalf above stated, & continued in force from thence
to the present time, unless said acts interfere with or
are repugnant to each other

And this court sitting to determine the issues in
form aforesaid joined not being advised whether
according to the law of the land the said issue
ought to the found for the plaintiff or the defendant
doth say that if upon being sufficiently advised,
of & concerning the premises the court shall be of opinion that
the issue ought to be found for the plaintiff
then the court sitting to determine the issue
aforesaid doth say that defendant is guilty,
of the trespasses, in the declaration mentioned in
manner and form as the plaintiff hath
in her declaration alleged and doth assess
the damages of the plaintiff by her sustained
by occasion of the premises at one cent but
if the court shall be of opinion upon such
that the same issue ought to
be found for defendant then the court
sitting to try the issue aforesaid, doth find
that said defendant not guilty of the
said trespasses in manner and form
as the plaintiff hath complained against
him.

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as the plaintiff hath above on her declaration thereof
alleged and doth say that if upon being sufficiently
advised of and concerning the premesies, this county
shall be of opinion that the defendant is guilty
is aforesaid then this court as a jury doth find
that the depondant is guilty of the said trespass
as the plaintiff.

said Court doth further find that the
aforesaid deed executed between said SmithSmith & Shipman
called a mortgage, was so executed in Shelby CountyShelby County
in the State of KentuckyKentucky, in which State both
Shipman & 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 acknowledged before any reordered by the Clerk of the countycourt of said
county of ShelbyShelby 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 & went into operation-
in said State on the eighth day of February in the year one thousand seven hundred ninety eight
viz(here set out Sections 28, 29, 30, 31, 32, 33, 34,
35, 36, 37 & 38 in 2 Vol. Littells laws of KentuckyKentucky page 120)

and said Court further says that the following statute
entitled an act to prevent, frauds & perjuries" was issued
by the legislature of KentuckyKentucky & went into operation
in that State on December fourteenth in the yeareighteen one thousand seven hundred and ninety
six viz: (here set out 2 & 3 sections of that
act 1 vol. Littell's law page 371, 372.)
and
said Court further says, that in the year one thousand seven hundred and seventy six, the Convention of the
State of VirginiaState of Virginia passed the following Ordinance to wit
(here set out ordinance headed VI in Littells
1 Vol. page 390.).
and said Court says further that
in June in the year one thousand eight hundred
the Constitution of the State of KentuckyKentucky went in to
operation in which is the following clause viz:
(here insert 8th, of clause of 6th Article see 1 Vol.
Littile page 50)
and said Court says that the Legis-
lation of KentuckyKentucky, passed the following act which went
into force on nineteenth December in the year