
    Jennings and Robinson v. The Attorney-General.
    Spring Vacation,
    1809.
    Deeds of Trust and Mortgages — Recordation—Effect,— All deeds of trust and mortgages must be proved by three witnesses, or acknowledged by the party, and recorded within eight months, or they will be void as to creditors and subsequent purchasers, and they are only valid, as to such, from the time when they are fully executed.
    This was a motion for an injunction to stay the execution of a judgment on behalf of the Commonwealth against Morgan Tompkies, late Sheriff of Gloucester county, upon the ground, that he had mortgaged to the plaintiffs, several of the negroes in his possession to secure to Jennings $997, and $966, and to Robinson $1,000. The deed to the former was dated Sept. 1, 1808, and attested by three witnesses. The deed to the latter was dated on the 20th October following, and attested in like manner.
    Mr. Wirt, the counsel for the plaintiffs,
    
      stated, that the name of the third witness to each deed was subscribed yesterday, which, as it does not appear, he thought it was his duty to state, and he observed that whatever *might be the fate of the deed to Jennings, yet as the deed to Robinson bore date within eight months last past, and might be proved or acknowledged within that time, he presumed it was a valid deed, as it would have relation back, upon either of those events.
    
      
       See monographic note on ‘.‘Deeds of Trust” appended to Cadwallader v. Mason, wythe 188: mono-graphic note on "Mortgages” appended to Forkner v. Stuart, 6 Gratt. 197.
    
   By the Chancellor.

The deed to Jennings is clearly void as to creditors, and as to subsequent purchasers for a valuable consideration without notice, as it was not recorded in the time and manner prescribed by law; and so this Court said in the case of Moore’s Executors against The Auditor, 3 H. & M. p. 232. This Court determined, in that case, that all deeds of trust and mortgages of slaves or other personal estate, not proved by three witnesses, or acknowledged and recorded as prescribed by law, were void as to creditors and subsequent purchasers for a valuable consideration without notice thereof. This case went to the Court of Appeals, and, in October, 1808, was affirmed. The deed to Robinson can only be considered as a valid deed as to creditors, from the time the third witness subscribed his name to it on yesterday, and therefore creditors and subsequent purchasers without notice, for valuable consideration before that day, cannot be affected thereby. But again, this is a proper case at law, and this Court should not interpose at this time.

Motion for the injunction denied.  