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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
In
Be it
for
the
plaintiff by his attorney filed herein
the Clerks Office of the
broken; which is in those
Cooper Complains of
covenant
of
April 1824
Writing signed with the name and
said defendant, which is to the
court now here showm, the date
whereof is the same day
Plaintiff twelve months after the date of said
hundred fifty Dollars in
the plaintiff
Covenant, but hath
broken the same in this
did not
pay to the said
plaintiff the said sum of Two hundred &
fifty dollars in
any time paid
to the plaintiff the said sum of Two hundred and
fifty dollars in
whatever
discharge the after by the Plaintiff,
the said defendant hath
and
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Woollock. Pg
Upon which declaration the following
Sheriff of
to take
and him safely Keep so that you
have
of our Shelby Circuit court at
the Courthouse in Shelbyville on
the first day of Our next February
Term, To
Cooper of a plea of
Covenant broken damaged $ 300
have then there this
our said court this
$ 300
Upon Which the sheriff made the following
Came
to him the
The
Shipman
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
dollars in Commonwealth bank note
witness
my hand & seal this
First Sam. Walters
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Judgement
And afterwords To wit, at a
and held at the
court house
the Defendant in his own
of the
for the sum of two hundred &
sixty seven dollars & 50 cents
and
plaintiff recover against the
Defendant the sum of two hundred and Sixty seven dollars &
50
and
also his cost about his suit herein expended and the
Defendant in
notes in the Bank of the Commonwealth of
its
Branches shall be received in discharge of this Judgment.-
Execution
And afterwords towit on the
Execution was issued upon the foregoing
The commonwealth of
of
be made the sum of Two hundred & Sixty seven dollars
and
fifty cents, which Levin Cooper lately, in our
$ 619
said
Whereof said
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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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
on the Saturday
damages and costs aforesaid; and have then
writ.
Witness
this
Commonwealth
I certify that notes
of its Branches, and notes
of
in discharge
of this execution
Return
Came to hand the
A. M. Service and
this
execution to the Clerks Officer of the Shelby
This following is the
Returns Know all men by
Shipman and
into
two dollars, to the payment of which, well and truly
to
be made, we
administrators, firmly by these
hands and seals this
Whereas a writ of
of
the
of said
bound
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and Sixty Seven dollars and fifty cents damages six
dollars,
1826
Court next
Shipman by W.G
of
obligation is such, that if the above bound
and
the said
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
force and
Upon which bond the following execution was issued
Shelly County
Greeting, We command you that of
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the Estate of
your
by the
payment of Two hundred and Eighty one
dollars with
per annum from the
Cooper lately in our
against
them for
in the same Court was
Cooper for
his
the said
as appears to us
aforesaid: and that you
before the judge of our
said Court at the
in
Office, on the
January next,
to
this
Court, this
35th year of this Commonwealth.
Execution
six pages
of the
the parties therein named as
fully as the same
have hereto set my
the seal of said
Circuit to
at
1826
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This mortgage was knowledged before
me in my Office on the
their and
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David Shipman
to
24. a. Land
A & a
R
mortgage
Recorded Boch N
page 24
Examined
(A)
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of the Shilby
that the above
of said
said court, is in
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Levin Cooper
vs.
Com Tram
$2.00
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by
phen
heretofore to wit on the
of our Lord one thousand eight hundred and
twenty
seven
upon said
beat bruised and ill treated the said plaintiff and
then and
there imprisoned her said
her
in prison there for a long time to wit for the
space of one month then
next following & hitherto,
and said
committing said grievances, she was and still is a
free person, and
that said defendant
detained her and still holds and detains her in slavery.
To
the
and therefore she brings her
We command to summon
the
Judge of our
Monday of July next then and there to answer unto
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
And the said
says
the plaintiff hath above thereof
complained
against him & of this
the country
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Ag Clerk
Executed this writ on
to
Judge on the
in the city of
vs
Narr.
Trespass assault & battery
for freedom.
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is acquainted with
& an infant child of said
are now in the jail of St
Louis County and are claimed as
by one
time last fall in company with
rended there ever since, untill
month when they disappeared and this deponent has
since
discovered that they were seized and carried away
by one
heard conversations between him and said
in which
said
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
said Shipman then and there
that he
property enough remaining in
anything that might be due, him ; to which said
smith made no
reply, nor
did he
the negros that he wanted. This deponent further saith
that
said
occasion got possession of said negroes, and they were set
at
large by some order or proceeding of the
supposes went to
nothing of said
he found him in posssession
of said slaves in the
deponent came in prusuit of said smith
in
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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
county in
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
county
as he said Shipman says; and that this spring
said Shipman
work there
making a crop; and as he said, meant
shortly to go to
ponent says, furthermore that, she understand from
both said Shipman &
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
out of the
Jurisdiction of this
strained by some process of a Court
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The Petiton of
negro boy aged about twelve years,
said
the slaves of our
in
in the fall of the year
twenty six
ers with him & went to the
state of
there said
of October
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
has
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
his property, and attempted to take them away,
but
your petitioners were discharged from his custody by
the
and unmolested, and
coutinued to reside with their
late master
fourth day of this present month, when they were
again seized by said
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violently taken away in the night time, and carried
by compulsion to the
are free and pray that they and each of them
may be permitted to sue as paupers to establish
their freedom and that
said
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
except as above stated.
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
as poor persons
to establish their freedom respectively and that Jo
siah
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
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
phan
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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
said
zance it is hereby ordered that the Sheriff of St.
Louis
County take possession of the petitioners and
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.
year above
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Petition of
to sue for freedom
thereon
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The above named
that I shall attend at the house of
county of
the twenty seventh twenty eighth and twenty
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
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The sheriff will
serve the
on each of the
plaintiffs
and their attorney
to be served
delay
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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
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
county of
is defendant on the part of the said
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.
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
in
the trial of the above cause on the part of the said plaintiff
A True Copy of the Order
Suit for freedom in
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
the
entitled care on behalf of the plaintiff.
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vs
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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
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
county of
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.
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
in Evidence
in the trial of the above cause on the part of the said
defendant.
S. Smith
The
of John
Gregory
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Take notice that on the 27th, & 28th and 31st
days of this
present month & on the
day of September
and six o clock in the afternoon
of each of those days at the
dwelling house of
linois, I
shall take the
deposition of witnesses to be read on the trial, of the
above
entitled case on behalf of the plaintiff.
To
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vs
Served a Copy of the within notice on
S.Geyer
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To the above named plaintiff
Take notice I shall
day of October
between the hours of eight O clock in the
fore
lnoon
and five O clock in the afternoon
of the same day
at the
in the town
of
and shall
continue to take the same from
day to day
will be
tiff and I am defendant, at which time
and
if you think
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vs S Smith
A copy of the within notice was deliverd to
of colour,
a copy of notice similar to the
was also delivered to
colour
a copy of notice to take
similar to the
A copy of notice to take
within
1827
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Depositions of
examined
at the
Town of
the
-ied,
as such in a
of color
Defendant. On the
John
being produced
on the
and
saith. That he has
neighbour to
that he is the
woman above 27 or 28
years of age
yellow
ance. She had there
old yellow
above one year or 18
months old yellow
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2 his age- In
they were removed to
I saw them but seldom. I have heard
my Brother
the
look peace
he
&
having his
by me
he was going nor
do I
known where he
after he was
He was very much
his
I also
know never the
above 34 years old about
yellow
when
a
eyes about
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3
The said
The
Land
was
was
ought
He
the hand
has
often
has examined a
this day produced to
him
Smith
and on the same
day
record in the
by the
message and
in stating the name of
of said
I
& for the
do hereby
the deponent was by
the whole
the
matter in controversy in the cause
aforesaid That Deponent was
examined
and his examination
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4 and subscribed by said deponent in my presence
on the
between
the hours of Eight in the forenoon &
six of the afternoon at
the
in the county of
being produced sworn &
part of Defendant
he is the
he
or
27 years old of
&
children
He understand
claimed by
at this
age.
about 5
his
high black
on his
head high
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jaw
in
Smiths
There
amount
of
negroes
State
left his
of
dated
know is his
state
Stated to
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6 I
& for
the county of
was by
aforesaid
that
and his
in my
in the year 1827
of 8 in the forenoon & six of the
afternoon
in the county of
day of sept 1827
of
He
with his negroes - He knew
woman aged above 27 - of
as a
was above when he lift
18 months
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7
his
years
=ion
6
the
a way -
the state - He left his wife
a very
to
and she was taken
above
of
about the
knowledge
to
was
I
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8
certify that
was by me
of his knowledge touching the matter
in controversy in the cause
aforesaid that
examination,
in the year
1827
of eight in the forenoon &
six in
the afternoon at the house of
in the
produced
sworn & examined on the part of
Defendant deposith and
had
the
age from her
=ion,
of
appearance. Her
grown of his age-
18 years old of
15 years old
black chunky- a scar
on his face.
of
his
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of
when she was away was
think it was in the
had
I knew
them slaves for sometime to
from
having them in
in
was shifted from County to
He left
him
& two others
of
now should be taken to pay
his
about
it that he would
to
if
I
for the County of Shelby State of
=fy that
sworn to testify the whole truth of his knowledge
touching the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
10 that deponent was examined and his examination
reduced to writing_
and subscribed by
in my presence
on the
the year eighteen
hundred and twenty seven_
tween the hours of 8 in the
forenoon and 6
afternoon at the house of
town of Shelbyville in the
day of Septr 1827
George B.
produced
That he is one of the
Commonwealth
& was
and as
care
of
of notes in said
the said
to the said bank
for a long
by
Eight hundred_
dollars and
the
& execution is now in the
the officer for
Smith
I
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11 in and for the county of
Knight
the Deponent was by
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
my presence on the
between the hours of 8 in the forenoon
and six in
the afternoon at the
house of
Town of Shelbyville in the county of
certified the
And the Depositions of
produced not being
taken for want of
time the
the
said
Hours of 8 in the forenoon and six
in the after noon_ on the
said
Sept 1827
age being produced sworn and examined
on the
and saith. That he well knows
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12 Shipman for many years resided in this,
and ran away
from this County in the fall of the
year
away he owned a number of
negroes, all of which
(except two) on the
marked(
the hand writing of
said
now
said
was Executed said Shipman told this deponant that
he had
signed & acknowledged it and thereby made
his
was security for
him & for the money said
advanced for him
& which was
said Shipman secretly
removed his negroes from this
County to
Executions which had
him, I sent Executions to
for the purpoe of taking them
& Caught two of the
in
were
sold under Execution_ the Judgment
was not thereby
several hundred dollars yet remains
to
the Farmers
There
are other Judgments against said Shipman
in the
this
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13 said Shipman ran away from this County to
avoid the payment of his
left his wife here in a
this affiant advanced her money
to
which could be found sufficient to satisfy the
Executions against him_ The negros named
in the mortgage were the
slaves of said
affiant that
large amount, and this affiant
belives from
the Statement of said Shipman that he Shipman
had no
means of
by Selling the negroes named in the
mortgage_
not
I
in & for
do
deponent was by
the whole truth of his knowledge
in the
was
reduced
to writing &
the
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14
1826
in the State of
the acknowledgment of
Shipman to a
by said D.
mark
on the same day
was
by said Shipman before me
in my office for
of
that the
for the
the
that
said
the negros mentioned in the
are
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15 mortgage for
much in
I
sworn to testify the
Cause afsd that
and his examination
subscribed by said deponant in my
on the
the hours of 8 in the
in the
of Defendant
that
defendant
paying
of
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clerks
the
Defendant
his security I
and
I
was
in & for the
county of
of the
before me
to the county and
John Shipman
on the
place by adjoinment between the hours
of 8 in the
morning & 6 in the evening
and examined and such examination
replacing in my presence and then
depositions on now
honourable with
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I
& for
do hereby
the
aforesaid
that Deponent was examined
and his
in my
the year eighteen hundred
twenty seven
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8 14
Sworn and Examined on the part of the Defendant
Deposith and Saith_
that
Some time in the year
Shipman one in the name of
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
Execution in
the name of
Amounting to thirty eight
Dollars 48 Cents
of said
Some short time before the above
named
Executions Issued from the Clerks office of the
Ran
County all his
I have understood that the Debts of
and Patty Rice were Debts Contracted in
payment for the Negro Woman
Children
I
the
by certify that such
G.
edge
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18 touching the matter in controversy
the cause aforesaid
and his
examination
writing and
in my
in the year 1827-
of Eight in the forenoon
& six of the
afternoon at the house of
in the
-tucky,
of Sept 1827
I
peace in
and notice
came before me be the
house of
and State
Burr. S.
on the
on the
place by
of 8 in the morning & six in the evening
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19
ned
& such examination reduced
writing and subcribed by
in my
are now
in the county of
1827
It is
above named
of
September in the year of
hundred and
now is a Justice of
and for the
the
ioned,
and acting
to his
In testimony
whereof I
the county
(
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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
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
county of
is defendant on the part of the said
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.
An application of the attorney for the Plaintiff it is ruled
that a
the
read on the trial of the above cause on the part of the Plaintiff
Take notice that on the
30th & 31st, days of October
hour of nine o clock in the forenoon and five o clock in the
afternoon
in the village of
& the
of witnesses to be read on the trial of above
case on behalf
of plaintiff.
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Take notice that on the
30th & 31st days of October
o clock in the forenoon and five o clock in the afternoon
of
each of those days, at the office of
in the village of
& the
ositions of witnesses to be read on the trail of above
case on
behalf of plaintiff.
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Served a copy of the within notice on
city of
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Declaration in
In Government
Be it
1826
filed here in the clerks office of the
declaration, Which is in these words
plea of
on the
certain
sealed with the seal of the said defendant. Which is to
the
now
promised to pay to the
plaintiff
date of said
the defendant hath not
but hath broken the same in this
months after the date of said writing
declared on, pay to
the
hath the said
defendant in any manner
discharged the
same or any,
the
other by the plff
& refused to the Plaintiff damage $ 300.
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2 And afterwards
said declaration was
following
Sheriff of
Court at
the Court
Febuary Term to answer
Damage $ 300.00cts and have then there this writ
in the 34th year of the Commonwealth
This is an action of
no bail is required
Upon which writ, the
to wit,
The following is the
to pay
April 1824
Which suit was
And afterwards towit at said
held for
on
plaintiff by her attorney
as the defendant in his
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Judgement for the sum of Two hundred
and Sixty
fifty
plaintiff recover against the defendant the sum of Two hundred
and
also his
defendant in
on the bank of the Commonwealth of
shall be
And afterwards towit on the
following execution
=ment,
which together with the
the words
you that of the estates of
You cause to be made the sum of Two
hundred & Sixty
dollars and fifty
Which in the same court was
for her costs in that suit
Shipman is
have the same before the Judge of our said Court at the
office on the Saturday
next
to
and
our
said Court. this
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I Certify that
Execution
Return
1826
this Execution to the
Replevin bond
The
unto
to the payment of which
Our
by these
presents -
of August 1826
of
said
Shipman in the sum of two hundred
fifty cents damages six nineteen
of July 1826
hath true
and the said
granted
with the aid
Condition of
the
above
aforesaid sum of Two hundred
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5. fifty
and six dollars and eighty
one
in the whole to two
hundred & Eighty One dollars
three months from the
date
the
Obligation
Execution
And afterwards
following Executions
The
Commonwealth of
Greeting
&
sum of $562. to
and eighty one dollars with
for
was
=ars
to
in of
held in the Clerk Office on the Saturday
in
January next to render to the said
& Costs aforesaid and
in the
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I certify that
of its
and its
I
the foregoing six
pages
Complete
suit
same
Whereof I
November 1826
Commonwealth
of the
that the above
said
said court, is in
aforesaid
have
hand this
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vs
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Depositions
of the
the
thousand
eight hundred and twenty seven
between the
forenoon and five o clock in the afternoon
of
said day at the office of
in the
Plaintiff in a
the
is
plaintiff and
before me
of the Peace
of
October 1826
and witnessed by
black
man) an other to
day
of October 1826
acknowledged before me in
the
that the acknowledgement was for
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any
in Good faith, that I was an acting
Justice of the peace in and for
said
saith
Richord C
being duly
sworn to
deposith and saith, that
the
that he
in the transaction, that one of
said
was for the
(a black man) one for
& her
children the
black boy) and that
said
=pation,
October 1826
his
witnesses to said
and that the negroes named in said
and that said
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And
in and for
the
Certify that
before whom the foregoing Depositions
taken and who has certified the
was at the time there of and still is an
full faith
and
official acts
as such In
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I John
the
Circuit and State aforesaid do certify that
vs
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delay.
Clerk of the
vs
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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
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
county of
is
defendant on the part of the said
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.
On application of the attorney for the plaintiff
it is ruled that a
peace of the
to
be read on the trial of the above cause on the part of the
said
plaintiff
Take notice that on the
days of November
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.
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vs
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vs
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Depositions taken on the
day of
September in the year of our
thousand eight
hundred and twenty seven
in
the
between the hours of
eight o
the forenoon and
=noon of that day at the
house of
village of
be read on the trial of a
certain
suit pending in the
and
ndant on behalf of the
said
plaintiff before me John
one of the Justices
of the
for the
following
questions
first
Do or do you not know that
=man came the
County then
for the
he move
there ? Answer. I belive
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to the
and
in the month
of
1826
I understood he intended to
his
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
if so from
what state what were
their names colours ages, and
number_ Answer. to the best of my
knowledge recollection and
belief the said
the
in said
moved
there a
his the said
twenty six years.
of about sixteen years
of age.
a coloured boy aged about twelve
years
months and two other
coloured &
children aged between Eight
& twelve years.
Question 3d.
Do or do you not know how long
named in the above answer remained
in said
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she left there,
the time and for or by
what cause. Answer. She left there
the
public report
taken a way by
others in his
time
was taken the other black &
two last mentioned children named in
my answer to the
above_
Question 4th
Do or do you not know whether
previous
to her absence with the
said
name of
residence of said Shipman in the
said
come after the negroes
was the said
would be
have
them
Questions part and answer by
Thomas Dillon after being duly
Queston 1st
to
and say
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thing in relation to it and if
Answer. I have seen
the question and
answer that I do know that
settled
in
above and
that said Shipman stated to me that he
intended to remain and
this state.
Question 2nd
Look at the Second question
to
and say whether or not you know any
thing
in relation to it, and if
Answer I have seen and examined the
said question and my answer is the
same
in every part as given by the said
Question 3rd.
Do you or do you not know whether
in his
persons with her named in the answer
to the said second question put to
to me on or about the
25th
he had a mortagage
on the said
and the other
he never had them
in
never had paid to Shipman
any
=ation,
mortgage was given by Shipman to
to
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had not paid any part of the money
for which he was security
Questions put and
Question 1st.
Do you a do you not know that
time and who did he bring with him
Answer. I do know that he came
and
month of October or November last
past. and that he
he brought with
him the black and
Coloured persons mentioned in the Answer
of
in his
there mentioned a
of
remain in this state and
Question 2nd.
Did or did not
to
which she was
then
of six
hundred Dollars the amount for
which he was Security for said
Shipman
Answer he did and offered to
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that debt for which he was then
Question 3rd.
Do you or do you not know when
and in what manner the said
and part of the said negroes left there
Answer. About the
of the said
and was to return
again the next
day since which I have not
him. the next
day
said
to be with him who were charged with
having taken
children and two others that
were
not her childern by the name of
Question put and
Question 1st.
Do you or do you not know that
as said
and of what
discription of persons
know he came there about
or November 1826
and
he
intended to spend his days in this
State. and he brought with him the
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the Answers of
other above
Shipman still has
in said
property.
Question put and answered by
Question 1st.
Do you or do you not know that
there was a number of
persons
and if so when and
in what manner did
they leave there answer I understood
that there
were several Black and
persons
that they left there the
for part of
May
were
taken away by
Question 2d.
did or did you not see said
shortly before said
away & if so what did
he was
after
Answer.
I did not
saw
him with
the
that
he had
come to see the
the
away as I
was informed and believe on
the same night of the day said
was at my house_
Question 3d.
Do you or do you not
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Every information that
his
the said
no
Questions
Question 1st.
Did you or did you not hear a
by the name of
relation to the taking away certain negroes
from the
if
Answer.
I did
time in the
month of May
in the
after some Negroes that he
had got
them to
further
and some
others had been and got the
negroes but that the
not
had given a
=ing that after they got the bond they
went up and got the
Negroes and if
they had not got clear, would have
the
would have had the negroes also_
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and
would not have them
yet.
Justices of the
County do hereby
certify that the
duly
-tioned
on the
Before me
I John
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
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
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Justices
two
$
6.25
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Take notice that on the
next at the office of
village of
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
entitled case on behalf of the plaintiff
To
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vs,
Served a Copy of the within notice on
Atty H. S.
in
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This
1826
and
-eth
that the said
Consideration of the sum of One Dollar to
him in hand paid
hereby Acknowledge
sold and by these
presents
said
of land in
=taining twenty six
Shipman
a negroe man Named
of age One Woman
old One
child
or 13 Years old
One
Thirty head of
and furniture household and Kitchen
furniture
of every kind farming
To
the said
And the said
and
his
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following Conditions that is to say that
whereas
the
to the Commonwealths bank in about
the
sum of Eight hundred Dollars for which
six hundred Dollars for which the
said
is bound as
One hundred and Twenty Dollars. An
in the name of
to the said
the sum of two hundred
by
aforesaid with their future
increase are hereby
as
sums of money
mentioned and it is hereby
&
Shipman may and is hereby
and keep the
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the
use
a
thereof at their fair
&
of a Judgment
in
shipman that
and Smith Will
make
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Filed
&
vs
S. Smith
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I John
of the
Peace in and for said
County
the
Notice I attended at the office
of
of November 1827.
against taking any oath,
being duly
=ed,
saith. That on or about
the
of May 1827
and saw there in the
=ured
persons about
that Time
Suit against said
this deponent saw the
persons, about Six months
that time residing in
brought
by one
settled there with them this deponent
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further says that in conversation with said
came to this place to reside that
told this deponent that he had a mortagage
or
had them in his
ever paid any money on account of them
and further this
deponent saith not
Their came
an oath who being
by me duly
saith that on or about the
1827
the
that on said day he saw said Negros in
possession of
that said Negros, brought suit for
freedom against said
about the same time in
and further
this deponent saith not.
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Also at the same time and
came
duly sworn
saith, that on or about
the
been
William,
that on or about the
month he saw said
Negros in
of
Negros brought suit for freedom in
the St louis Court.
and further this
deponent saith not. affirmed and Sworn before
me
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I John
the
certify that John
the within and foregoing depositions
were taken is now
and was at the date
of the
duly
Commissioned and sworn as
In Testimony whereof I have hereunto
set
my hand and
no Official seal
being yet provided
this
1827
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vs
Depositions
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Reasons for
of witneses on
behalf of defendant.
1st. no legal notice was
2. They were not taken at the time & place
for which notice
was given.
3. They are not sufficiently
official character of the
person before whom
they were taken is not shown
4. The testimony therein is
and the witnesses were
interested.
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vs
reason for ex-
cluding depositions
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And the said
his Counsel Except to the depositions
taken
in said cause on the
plaintiff for the following
1st. That there was no notice given
of the
depositors
2nd The said depositions are not
certified by the said justice
accord=
ing to Law.
3rd The said
tificate
as
to the official character
of the person before whoever they
were
taken are illegal, informal and
insufficient
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vs
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on this 7th Decr 1827
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
pated,
& is, as deponent
understands
heard of him, was in
time he is
probably in
he
at the distance of
this place as he
has received letters from him in
relation to the plain-
tiffs
claim.
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Simon Philipson
vs
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Be it remembered that on the trial
of this case the plaintiff
and twenty six,
her owner & had been in possession of her for sev-
eral years
the said plaintiff in his possession to
County in the
executed the deed of
emancipation hereinafter set
forth & acknowledged the same
before a Justice of
the peace in said last mentioned State, the
said
same deed: which
said deed of emancipation
includes said
set free, and is in the words & figures
following
(here set out the deed of emancipation) That immediately
af
terwards said
to
he (said Shipman)
that he meant to
reside there permanently & has
ever since resided there
&
with him from
to sometime in
at which
time the defendant came thither &
took said
the present suit for freedom was
commenced
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The defendant then proved that on the
tober eighteen hundred twenty six
resident of
braces said
therein viz:
(here set out the mortgage to
that soon after executing said
mortgage said
Shipman who was greatly embarrassed, took the
said
as security
Sheriff who had
executions against him, the
claim of Levin Cooper & the
claim of
mentioned in said mortgage amounting
to the
of six hundred thirty two dollars, fifty
four cents, said ex-
cutions having issued after said Shipman had
carried said
into
It was proved that
had possession of said
aforesaid when he went to
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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The plaintiffs counsel then asked the Court to in-
struct the Jury as
follows. (here set out instructions
asked for by
each
proceeded
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.
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Stephen Smith
Bill
of Exceptions
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The above named
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.
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vs.
affidavit for appeal
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And now at this day
the Appellant by
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
by the law of the
land it ought to have been given for
the said
there is also error in this towit that said
refused to give to the Jury the instructions and each of
them which were prayed for by said
law 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
become
free by her residence in
which last
mentioned & referred to instructions ought
not by the law of
the land to have been given, and
said Judgment is
the same for these
and other errors in the
proceedings aforesaid may be
reversed & for naught
held & said
she hath lost by reason of said
Judgment
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Error from
Now at the day towit.
Eighteen hundred
and twenty eight
Court not
being sufficiently advised of and
and
what Judgment to give take time to consider
And afterwards towit at the same time of the said
on 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
is ordered that the said case be
a new trial in
conformity with the opinion in this case And it is
further considered
that the said plaintiff recover against the said
that she have thereof execution.
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vs.
Stephen Smith
of
Judgment
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This was action of trespass &c.
the Statute,
brought by
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
a resident of
appellant as a slave, that on the
residing in
which a Copy is here
this
one
part and
that the
said
the sum of one dollar to
him in hand paid the
which he
doth hereby acknowledge hath granted bargained
and sold and by these
presents doth Convey unto the said
which said Shipmans
also a Negro man named
woman named
called
Bill about 12 or 13 years old.
Oxen &
Cart, ten head of Cattle, 20 head of sheep, 20 head of
hogs, beds
of every description, farming utensils and one Clock.
So
have and to hold the said land, slaves & Chattels
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with their
and his heirs forever, and the said
-soever, rendered however subject to the following
condi-
-tions that is to say that whereas the above named
in
about the sum of eight hundred dollars for which the
said
Shipman is also indebted to the heirs of
in about the
sum of six hundred dollars for which said
indebted to
-dred
name of Helen for about one hundred & forty
dollars
for which sums said
and
is also indebted to said
in about the sum of
$20
Chattels and Slaves aforesaid with their future increase
are
hereby declared to be given in mortgage to secure
save, indemnify and
pay the said
and in his own right in the
several sums of
before enumerated and
mentioned, and it is hereby express
-ly
understood and agreed
between the parties that said
keep possession of the said land
Chattels with
their future increase and to have the use
thereof subject however to
the
said Shipman or the said
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
title to the property so sold, in which
title said
by
both parties. This instrument of
Mortgage said Shipman being greatly embarrassed took
the
said
away with them to Indiana_ that in
the
to said slaves of whom said
acknowledged the same before a Justice
of the peace of said
State this deed bears date
ledged on 30th. of same
month, that immediately after
wards said Shipman carried said
in the
settled, hired a
farm, stocked the same and declared that
he intended to reside there
permanently and has ever
since resided there and kept
there with him from
time in
thither and took said
her consent and the consent of said Shipman, and
brought her to
was commenced, that after said
Shipman had carried
said plaintiff to
$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
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of said
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
several
instructions prayed for by the
proceeded to instruct the Jury that if
they believed from
the evidence that said Shipman executed said
mortgage
for a valuable consideration to said
of said
her residence in
=ance of
last instructions the plaintiffs counsel excepted; and
also
excepted to the refusal of the
-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
and of this
State that slaves carried into
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
a prima facie case of freedom. but if
and did not
from
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
construction as it
would then receive. What construction
would be there given to it cannot
judicially be known
to this Court_ of as the
by virtue of the instrument of writing executed to him
by
Shipman the legal owner of
contended in argument, the recording of that instrument is
by the
Statutes of
same evidence of
these laws of
have been preserved on the
record. If we are to
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
of debts,
which lien Shipman might at any time have defea
=ted by paying those
debts.
The judgment of the
and the cause sent back
for further proceedings.
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Error and that she have thereof Execution
I
the
that the
foregoing is a true transcript of records on file
in my office
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vs
Opinion
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Whereas Judgment in said cause has been
rendered at this present July
Term of said Court against
said
about
preme Court; now it is agreed that said
Judgment
in the
case be finally decided in the
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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Under order of Court until the final disposition of
Milly's case as
aforesaid,
Agreement of Council
as to all the negro
cases
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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
be
here
proceeding to give such judgment as the
to have
the said
sidered that the said
the
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
court
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
consider that the
judgment aforesaid in form afore-
said by the said
and for nought held
and esteemed and the Court now
proceeding to give such judgment as the
said
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opinion of this court in this case given of the
last
term of this court it is so ordered and adjudged that
the
said
him and it is further
considered that the said
Costs and Charges by her in the prosecution of her
suit in the
in this behalf expanded and that
she have thereof
execution.
I
be a true and full copy of the
in the said Case of
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Will Please examine among the papers
of the Suits of
vs Same,
vs. Same: Where you will find
pation executed by Shipman in favor of the
above mentioned
blacks, as also in favor of
among the papers for purpose
of drawing special ver-
dict, & do not belong there. Yours
They are wanted immediately.
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Clerk of
St. Louis County
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[undated]
vol. 2 page 120.1. Sec: 34.35.36.37.
,, 1. 371.
Frauds
Common law introduced -
8.
Sec: Constitution of
of 8. sec: that mortgage ought
to be recorded, but
it is
2. Bubb. 244.
only creates a
is of no importance here. As between
Shipman
&
cannot
slaves
in
so
declared for
in
deed.
estate of fee
simple
5.
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1.
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And the Court sitting on a Jury doth find
day of October in the year eighteen
hundred and twenty
six,
plaintiff executed the following instrument of writing
which
embraces said
rated
therein;
which instrument then signed
(hence act out the instrument of Mortgage between
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
said
in
duly the deed of
nowledged
the same before a Justice of the peace
in the
same State, the said
tion of said deed of
persons therein named as set free, and is in the
words
and figures following to wit; (here set out the
their oarth aforesaid
diately after the execution of said deed
tion,
where he said
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1 farm and stocked the same, & declared that he
to reside there permanently, & has ever since resided
there:
and that he kept said
tention of making
the same place her
as well as his own: and that she
resided with him
these from
and twenty six
year eighteen hundred and twenty
seven
latter time said
took said
the consent of said Shipman & brought her to
fredom was
further
find, that after the said deed of emancipation
was executed, the said
rity,
tions against him therefor, the
claim of Levin
Cooper & the claim of
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
said. And said
till the month of
hundred and twenty
seven
went to
aforesaid and that he claims her as a slave
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
aforesaid deed
executed between said
in the
Shipman &
was held as a Slave by said Shipman at the
time
of the execution thereof which said mortgage was acknowledged
before and
county of
the
day of
the execution
thereof; and said Court
finds that
the following statute was passed by the Legis-
lature of the state of
in
said State on the
the
year one thousand seven hundred ninety eight
35, 36, 37,
& 38 in
by the
in
that State on
six
act
said Court further says, that in the year
seven hundred and seventy six
(here set out ordinance
1 vol. page 390.), and said Court says further
that
in
the Constitution of the
operation in which is the following clause
(here
lature of
into force on
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11th & 12th Sections 1
further that the
the following act which went into operation
in
hundred and twenty,
And said Court sitting as aforesaid
that the
tutional,
in that behalf above stated, & continued in
force from
to the present time,
are
And this court sitting to determine the
according to the
ought to be found for the plaintiff
of &
the
there the court sitting to determine the
aforesaid
of the
manner and form as the plaintiff
in her
the damages of the plaintiff by her
by
if the Court shall be of
be found for defendant
sitting to try
the
said
as the plaintiff
him
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Instructions asked for by plff & refused
1 If the
at and
before the time he left
ued in
the legal possession of her in
& thus having the legal possession of her,
the
that State the place of his permanent
manent abode of
said plaintiff, they are bound to find for the
plaintiff
2. If the
in
evidence in this case, was executed by said
Shipman, &
that said Shipman was at the time
of its execution lawfully in
possession of said
& was the owner of her except so
far as he had conveyed away
his right by his said mortgage to said
evidence
3. If the
was the owner of the plaintiff & carried her with
him to the
intention of
making that State his
for the plaintiff.
4. If the
the owner of said
of said mortgage to
was in the possession of said
in
possession of said
whereupon carried her
to
& resided there with her with the
manent
residence & the permanent residence of said
the
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(A) (Instructions given)
and the Court proceeded to instruct the
if the
from the
evidence that said
for
valuable consideration, to said
became in
& that said
said
Milly
vs.
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tiffs in above
plaintiffs
are claimed to be slaves
purporting to be executed
by
merly owner of said slaves to said
fendant that said Shipman has executed
cipations
the said mortgage contains in
addition to the
plaintiffs, other property to wit three other
slaves
six head of
head of cattle, thirty head of sheep, thirty head
of hogs,
farming
in
mill as stated in
said mortgage: all which prop=
erty said mortgage state was
pledged to secure
said
to about the amount of
dollars & for a debt due to said
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
he saw
said mortgage it was too
depositions for this
er
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the
gage other than the said plaintiffs: or
whether the said
mortgaged property
the plaintiffs is not amply
sufficient to
stated in said mortgage; nor can this
deponent
matters from
the plaintiff who say they
are utterly ignorant of said mortgage's
having been given nor has
deponant understands,
is at least 350 miles: that this deponant
testimony as to
value
& as to what has been done
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-
plaintiffs, & the difficulty of preparing for
trial by getting depositions taken at said
not
ble time in
& plan for taking depositions for the
aforesaid: This deponent refers to said
mortgage
on file here for its contents.
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vs
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In the
in the above
cause to any Judge or Justice
of the
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
day until the
same shall be finished I
shall proceed between the hours of Eight
O'Clock A.M. and six O'Clock P.
of that day at the house of
ham in the town of
state of
of Witnesses to be read on the trial
of
said Cause on the part of the Defend
ant.
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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
one
owning as his slave and
possessing said
the following instrument
of writing which Embraces said
among other property enumerated
therein which instrument then signed
likewise by said
made this
part and
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
said Shipmans Grist and Sawmill now stands also a negro
man
named
or
6 years old, one child called
about 16
Years, Bill about 12 on 13 years old,
& 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
his heirs forever and the said
warrant the will thereof to the said
Claim of all persons whomsoever rendered however subject to the
following conditions that is to say that whereas the above named
about the sum of
Eight Hundred dollars for which the said
the heirs of
for which the said
also indebted to
twenty dollars, and
Execution in the name of Helm for about two
hundred and forty dollars
for which sums said
bound as security, and is also
indebted to the said
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
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
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
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
sold in which title said
Witness the hands & seals of the
parties the date aforesaid
Shipman Two Steph Smith Two
this mortgage was acknowledged before me in my
office on the
thereto be their act &
deed and thereupon the same was truly recorded
All Ja S Whitaker Clk
Capacity aforesaid further
says that soon after the Execution of the
said instrument called a
mortgage said
then greatly Embarrassed in his
pecuniary circumstances took
the said
intent to withdraw himself and property from
said
creditors ran away with them to the States of
Emancipation herein set out and acknowledged the same
before a
Justice of the peace in the same state, the said
at the Execution of said deed of Emancipation which said
deed
of Emancipation includes said
named as set free and is in the words and figures following to
wit;
"The
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
years also his wife
Eight years with a small scar on or under her chin also her
three
children to wit;
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six years years) and
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
and administrators and from all other
persons. In testimony
whereof I have hereunto my hand and seal at
-ana this
present R C
Tabbold. John Wambleton“ and said Court doth further
find
that immediately after the Execution of said deed of Eman-
-cipation the
said
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
her
there from
till some time in
seven
took said
said Shipman and brought her to
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
Executions against him
therefor, the claim of Levin Cooper and the
claim of
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
said Court doth further find
that said
possession of said
hundred and
twenty seven
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
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and Shipman called a mortgage was so Executed in
in the
resided and the
said
at the time of the
Execution thereof which said Mortgage was acknow-
-ledged before and
recorded by the Clerk of the
moreover finds that the
following statute was passed by the Legis-
-lature of the state of
State on the
seven hundred and ninety Eight
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 “an act directing the
course of descents”
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
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
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 aforesaid” and said Court
further
says that the following statute entitled an “act to
prevent frauds and
perjuries" was passed by the Legislature
of
operation in that State on
thousand
seven hundred and ninety six
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
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 corporate” and said court further says
that in the year
the Sate of
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
colony” and said court says further that in
viz" 8. all laws which on the
hundred and
ninety two
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
following
act which went into force on
the year seventeen hundred and ninety six
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 “Sec 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
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
and said court finds further that the Legislature of said
passed the following act which went into operation in
the
twenty
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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11th & 12th Section, 1 Littill page
567 & 572) and said
further that the
legistations of said
the following act which
went into operation in
hundred and twenty,
and said
that the
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
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
the issue ought to be found
for the plaintiff
then the court sitting to determine the issue
aforesaid doth say that defendant is
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
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
said Court doth further find
aforesaid deed executed between
said
called a mortgage, was so executed in
in the
Shipman &
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
county of
and said
Court moreover
finds that the following statute was passed by the
Legis-
lature of the state of
in said State on the eighth day of
the year one thousand seven hundred ninety
eight
35, 36, 37 & 38 in 2 Vol. Littells laws of
and said Court further says that the following
statute
entitled an act to
by the
legislature of
in that State
on
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
seven hundred and
seventy six,
(here set out ordinance headed VI in Littells
1 Vol. page 390.). and said
Court says further that
in
the Constitution of the
operation in which is the following clause
viz:
(here insert 8
Littile page 50) and said Court says that the
Legis-
lation of
into force on nineteenth December in the year