In Carter's Heirs v. Cutting and Wife, the Supreme Court of the United States was asked to decide whether a deed from an executor of a will was valid. The plaintiffs argued that it should be invalidated because it had been made without authority or consent from any court or other competent power. The defendants argued that they were entitled to the property under their deed as well as by prescription, which is when possession has been held for such length of time that title is presumed to have passed through legal means even if there are no records showing how this happened. After considering both sides' arguments, the court ruled in favor of the defendants and found that their deed was valid and enforceable due to long-term possession combined with evidence proving its validity at law.

In Carter's Heirs v. Cutting and Wife, the Supreme Court was tasked with determining whether a deed of conveyance from an individual to another was valid. The majority opinion held that it was not, as it had been made without consideration or any other form of payment. However, in his dissenting opinion Justice Story argued that the deed should be considered valid due to its being executed under seal and witnessed by two individuals who were present at the time of execution. Furthermore, he noted that there is no requirement for consideration when executing deeds under seal; rather they are presumed to have been done so out of good faith and mutual understanding between parties involved in such transactions. As such, he concluded that this particular deed should be deemed legally binding despite lacking any form of monetary compensation or exchange between parties involved in said transaction.