State v. Mount

Decided April 15, 1795

Supreme Court of New Jersey · decided 1795-04-15

ON Habeas Corpus to bring up tbe body of negro Grace, A Habeas Corpus bad issued in tbe vacation returnable before the Chief Justice at bis chambers, immediately, to bring up tbe body of tbe said negro, on an affirmation that there was a probability that she would be taken out of the state, as Mount and his family were on the eve of a removal.

Relies on Ketletas v. Fleet

Decided 1795-04-15

Per Cur.

¶1(without hearing a reply.) The first bill of wale was absolute; she was actually sold a slave, and the condition in her favour was a condition precedent, which she was bound fully to comply with before she could claim the benefit arising out of it. Unless she performs this condition, on her part, the conveyance becomes absolute, and the property of the master is not divested, (a)

¶2As to the point of notice; — she was bound to inform herself of the condition in her favour; her mistress having sold her on these terms without any stipulation in the bill that Kerim should give her notice of the fact.

¶3Negro remanded-.

¶4 Note. — See Ketletas v. Fleet, 7 Johns. 324.