State ex rel. Bryant Manufacturing Co. v. Hester
Supreme Court of North Carolina
ActioN tried before Calvert, J., and a jury, at January Term, 1919, of Bladen. Tbe action is against tbe register of deeds of Bladen County and tbe surety on bis official bond to recover damages alleged to bave been caused by tbe register’s negligence in failing to properly index and cross-index a prior mortgage whereby tbe relator of plaintiff, bolding a record mortgage and contract, suffered substantial damage.
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ActioN tried before Calvert, J., and a jury, at January Term, 1919, of Bladen. Tbe action is against tbe register of deeds of Bladen County and tbe surety on bis official bond to recover damages alleged to bave been caused by tbe register’s negligence in failing to properly index and cross-index a prior mortgage whereby tbe relator of plaintiff, bolding a record mortgage and contract, suffered substantial damage. Tbe court ruled that liability on tbe part of defendant was admitted in tbe pleadings and tbe issue was only on tbe question of damages. Tbe cause was then submitted to tbe jury on…
1Opinion of the CourtHoKE, J.
It may be well to note that the recent decisions to the contrary, Ely v. Norman, 175 N. C., 298, and Fowle & Son v. Ham, 176 N. C., 12, being prospective in operation, and the rights of these parties having been acquired and held under our registry laws as they were construed and applied in Davis v. Whitaker, 114 N. C., 279, to the effect that indexing and cross-indexing were not essential to a valid registration, notwithstanding the defects alleged in this instance, the prior encumbrance was properly registered and constituted a valid lien on the property. And again, that this is not a case…
2Cases cited13 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Ledbetter v. . EnglishSupreme Court of North Carolina · 1914
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Davis v. . WhitakerSupreme Court of North Carolina · 1894
- Title Guaranty & Surety Co. v. CommonwealthCourt of Appeals of Kentucky · 1911
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3Cited by2 opinions
- Paul v. . R. R.Supreme Court of North Carolina · 1915
- Daniel v. . GrizzardSupreme Court of North Carolina · 1895