Hinton v. . Leigh
Supreme Court of North Carolina
This is a civil action, which was tried before MacRae, J., a trial by jury being waived, at Fall Term, 1888, of Pee-quimans Superior Court.
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This is a civil action, which was tried before MacRae, J., a trial by jury being waived, at Fall Term, 1888, of Pee-quimans Superior Court. It appears that the 19th day of August, 1878, the defendant, A. E. Leigh, as was said, was indebted to the plaintiff in the sum of $7,500, and on that day executed to him a deed of mortgage to secure that indebtedness, whereby lie conveyed sundry tracts of land, designated as the “ Stephenson Point farm,” the “ Barclift tract,” and the “ Mullen tract,” and this deed was proven and registered on the 5th day of March, 1879, the day next after the deed of…
1Opinion of the CourtMekrimoN, J.
(after stating the case). The statute (The Code, § 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,” &c. Hence it is the registration of deeds of trust and mortgages that gives them operative effect as against creditors, to be affected adversely by them and purchasers for a valuable consideration, and registration is…
2Cases cited1 opinion
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
3Cited by22 opinions
- Wood v. Tinsley.Supreme Court of North Carolina · 1905
- Blacknall v. . HancockSupreme Court of North Carolina · 1921
- North State Piano Co. v. SpruillSupreme Court of North Carolina · 1909
- Cowan v. DaleSupreme Court of North Carolina · 1925
- Avery County Bank v. SmithSupreme Court of North Carolina · 1923
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