Bbown, J.

In the case on appeal it is stated that when the motion for nonsuit was made at the close of plaintiffs’ evidence “the plaintiffs admitted that unless all the deeds offered in evidence by them were admitted in evidence they could hot recover.” This is an admission of record made in the Superior Court upon the consideration by his Honor of the motion to nonsuit. It was acted upon by. his Honor, and the motion granted. Such admission is binding upon the plaintiffs in this Court.

It would be unfair to the defendants as well as unjust to his Honor if we should disregard such an admission solemnly made and recorded in the case on appeal. This precludes us from considering any other source *411 of title than tbat based upon tbe -validity of tbe deeds offered in evidence by tbe plaintiffs. It obviates tbe necessity of considering tbe sufficiency of any evidence of possession under color of title.

One of tbe deeds in tbe plaintiff’s chain of title is a deed dated 22 December, 1902, from O. M. Carrier to Ralph E. Carrier. This deed was probated in tbe city of Buffalo, State of New York, before E. A.Kingston, “commissioner of deeds in and for Buffalo, N. Y.” Attached to it is certificate by John H. Price, clerk of tbe courts of Erie County, tbe same being courts of record, certifying tbat tbe said E. A. Kingston was at tbe time of taking such acknowledgments a commissioner of deeds for-tbe city of Buffalo in tbe county of Erie.

Upon those certificates tbe deed was ordered to be registered by tbe clerk of tbe Superior Court of Onslow County, North Carolina, and duly recorded by tbe court. Our statute, Revisal, sec. 990, prescribes bow deeds may be proven and tbe acknowledgment and privy examinations taken in other States as well as foreign countries. There is no authority in tbe statute for tbe probate of a deed before a commissioner of deeds for Buffalo City. There is nothing in tbe record or upon tbe face of tbe deed tending to prove tbat Kingston was a commissioner for tbe State of North Carolina or a notary public or occupying any official position which authorized him to take probate of deeds for lands in this State.

Tbe point is expressly decided in Wood v. Lewey, 153 N. C., 402. In tbat case tbe deed was acknowledged before a commissioner of deeds for tbe State of New Jersey, and not before some official authorized by tbe laws of this State to take such acknowledgment. Tbe court declared tbat tbe probate was void and tbat tbe registration was also void.

It being admitted tbat this deed is a necessary link in tbe plaintiff’s chain of title, and tbe probate being insufficient to authorize its registration, tbe motion to nonsuit was properly allowed.

Affirmed.