In the Case of Tom

Headnote

where Ji. the g^Mm^'cerPlicate, stating, that trom and after tlle <l<¡cease of he manumitted the held,’ that the felth “o” h’is ™t^er’ to3 ¡!¡á freedom; not- ... . „ . withstanding his master, m his hfe-bme, but after giving the certificate, had sold and delivered him to a third person, for a valuable consideration. T

A HABEAS CORPUS, having been directed to Adolph Walradt, commanding him to bring up a negro man named Tom, detained in his custody, &c. whom J 1 he claimed to hold as a slave. The negro was now , brought up, and his master made a return to the habeas corpus, stating that the negro was born a slave in the county of Montgomery, and was held as such, by Johannes Walradt, of whom he, Adolph Walradt, pur- ... . „ .

chased him as a slave, some years ago ; that since the death of the said Johannes, the negro claims to be free, by virtue of a certificate in writing, given to him by the said Johannes, in his life-time, in which the said Johannes sets forth, that he thereby “ manumits the said negro slave Tom, from and after the death of him the said Johannes, in spite of all bills of sale, or last will by him, thereafter to be made,” which certificate was given before the sale of the negro to Adolph Walradt.

On this return, it was submitted to the court, whether the negro was entitled to his freedom, or not.