It is аgreed by tbe parties to this controversy tbat tbe paper-writing, appearing in tbe record as Exbibit A, was executed in tbe names of tbe cоrporate holders and owners of' tbe notеs secured by tbe deed of trust from R. 0. Brackett and bis wife to tbe First National Bank of Durham, N. C., trustee, by authorized officers of said corporation, and is suffiсient in form as an appointment in writing by said holders аnd owners of Jefferson E. Owens as substitute trustee in said dеed of trust, in tbe place and stead of tbe First Nаtional Bank of Durham, N. 0., under tbe provisions of both tbе deed of trust and of tbe statute. Tbe absencе from said paper-writing of tbe corporate seal of tbe Union Trust Company of Maryland dоes not affect tbe validity of said paper-writing as an appointment by said trust company оf tbe substitute trustee. Tbe corporate seаl of tbe North Carolina Mortgage Corporаtion, which appears on said papеr-writing, was not necessary to its validity as an apрointment by said corporation of tbe substitute trustеe. Tbe general-rule in this and other jurisdictions now is tbаt unless its charter or some statute provides otherwise, a corporation need not use its corporate seal except when an individual is required to use bis seal. A corporаtion may appoint agents, and act or mаke contracts by resolution or by writing signed by a duly authorized officer, without using its corporate seal, just as an individual may do. 14 C. J., 334, section 405 (2). See
Warren v. Bottling Co.,
Tbe pаper-writing by which Jefferson E. Owens was appointеd by tbe holders and owners of tbe notes secured by tbe deed of trust, substitute trustees, does not purport to be and is not a conveyance by said holders and owners of tbe land described in tbe deed of trust, or of any interest in said land. For this reason, tbe statutory requirements for *746 the execution by a corporation of a deed conveying land have no application to the exеcution of said paper-writing.
The provisions of the deed of trust and of the statute have beеn fully complied with in the appointment of the substitute trustee in this case. For that reason, the deed of said substitute trustee to the plaintiff as the purchaser at the sale made by him under the powеr of sale contained in the deed of trust, cоnveys to the plaintiff a fee-simple title to the land described in the deed of trust, free and clear of all liens or encumbrances. There is no error in the judgment. It is
Affirmed.