Wells v. Lane
New York Supreme Court
IN error, on Certiorari, from a justice’s court. Lane brought an action of debt against Wells, before the just for two penalties of 12 dollars and 50 cents each, under the concerning slaves, for harbouring the slave of the plaintiff, named Betty, on the 8th and 9th days of November. The plaintiff, who was a free black, proved that he purchased Betty and ^er mother, about 24 years ago, and that he married the mother when Betty was about a year old.
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IN error, on Certiorari, from a justice’s court. Lane brought an action of debt against Wells, before the just for two penalties of 12 dollars and 50 cents each, under the concerning slaves, for harbouring the slave of the plaintiff, named Betty, on the 8th and 9th days of November. The plaintiff, who was a free black, proved that he purchased Betty and ^er mother, about 24 years ago, and that he married the mother when Betty was about a year old. Betty and her mother were .X, boro slaves. The plaintiff declared to one witness, that he had purchased, his wife and child from bondage, and that…
1Per curiam
In determining whether the negro woman, Betty; is to be considered the slave of the plaintiff below, we must look, at the law, as it stood at the time of the purchase, which appears to have been upwards of twenty years since. Our present statute relative to manumissions, would seem to require a certificate* or some instrument in writing, for that purpose. And such was the construction intimated by the court, in the case of Keteltas v. Fleet. (7 Johns. Rep. 330.) The words of the statute are, that it shall be lawful for the owner of any slave, to manumit such slave *145by last mill or testament,…
2Cited by3 opinions
- Trongott v. ByersNew York Supreme Court · 1826
- Kettletas v. FleetNew York Supreme Court · 1808
- Smith v. HoffNew York Supreme Court · 1823