Bank v. Vass.
Supreme Court of North Carolina
ActioN by Commercial and Farmers’ Bank of Raleigh and J. N. Holding, mortgagee to the use of said bank, against W. W. Vass, individually, and as trustee for others, heard by Judge O. H. Allen, at February Term, 1902, of the Superior Court of Waee County.
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ActioN by Commercial and Farmers’ Bank of Raleigh and J. N. Holding, mortgagee to the use of said bank, against W. W. Vass, individually, and as trustee for others, heard by Judge O. H. Allen, at February Term, 1902, of the Superior Court of Waee County. Tbis was a controversy submitted without action under Section 657 of The Code, upon the following case agreed: 1. That on the 26th day of December, 1888, A. C. Yates duly executed, acknowledged and delivered to J. N. Holding, trustee, a deed in trust on 23 9f acres of land, in Barton’s Creek Township, Wake County, N. C., adjoining the lands…
1Opinion of the CourtMontgomery, J.
The defendant by his deed from the trustee'did not obtain title to the land conveyed therein, and he is not entitled to the possession of the same. The statute (Code, Sec. 1254) declares that “No deed of trust or mortgage for real or personal estate shall be valid at law to pass any property as against creditors or purchasers for a valuable consideration from the donor, bargainor or mortgagor, but from the registration of such deed of trust or mortgage in the county where the land lieth,” etc. The mortgage having been registered first, by force of the registration laws, the title to the land…
2Cases cited2 opinions
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