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1 N.J.L. 337

State v. Mount

Supreme Court of New Jersey

Decided April 15, 1795

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

On habeas corpus to bring up the body of negro Grace. A habeas corpus had issued in the vacation, returnable before the Chief Justice at his Chambers, immediately to bring up the body of the 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 sale was absolute; she was actually sold a slave, and the condition in her favor 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 properly of the master is not divested. See Ketletas v. Fleet, 7 Johns. 324.

¶2As to the point of notice: she was bound to inform herself of the condition in her favor, her mistress having sold her on these terms, without any stipulation in the bill that Kerlin should give her notice of the fact.

¶3Negro remanded.

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