68 S.E. 204 | N.C. | 1910
The facts are sufficiently stated in the opinion of the Court. This is an action by the plaintiff (appellant) to recover out of the defendant, administrator, and the surety on his administration bond a sum due by the defendant's intestate which (713) was secured by a second mortgage on realty, which mortgage was unregistered at the date of the debtor's death and remained so for some time after the order to sell the realty to make assets.
The appellant states in his brief: "The sole question before the Court is, Will a mortgage not recorded till after the death of the mortgagor create a lien from the date of its registration as against other simple debts?" But, in fact, no subsequent registration is necessary.
Revisal, 982, provides that a mortgage shall be a lien only from its registration. But as between the parties a mortgage or deed is valid without registration. Wallace v. Cohen,
Reversed.
(714)