Cotten v. . Powell

The defendant claimed title under a mortgage made by Wall to him prior to the gift; but the mortgage deed was unattested. And the case was reserved upon the two questions: (1) Whether a subscribing witness was essential to the mortgage. (2) Whether a written conveyance was necessary from Wall to the plaintiff, under the circumstances above stated.

The case was submitted. The first question arises under section 3 of the act of 1792, ch. 6, which requires that where a written transfer or conveyance of a slave is introduced to support the title of either party, the due and fair execution of such…