56 S.E. 555 | N.C. | 1907
Two questions are presented by this appeal:
1. Is the deed under which the defendant claims void because the acknowledgment of the grantor and privy examination of his wife were *35
taken before a notary public who was an employee of the grantee? It is true that a deed cannot be acknowledged before nor the privy examination of afeme covert be taken by an officer who has any interest in such conveyance either as a party, trustee, or cestui que trust, and the registration upon such certificate would be invalid and not even notice to creditors and subsequent purchasers. Long v. Crews,
2. Was the deed duly recorded according to law so as to be sufficient notice under Revisal, sec. 980? The only irregularity alleged is the failure of the register to copy upon his record, at the end of the copy, the names of the grantor and wife. In every other respect (49) the deed was accurately transcribed on the record, including the probate and order of registration. These last recited the names of the grantors and the proof and adjudication that they had duly signed and delivered said deed and acknowledged their signatures, and also the privy examination of the wife. In the body of the deed as registered the names of the grantors are set out. This was full notice. Heath v.Cotton Mills,
In Heath v. Cotton Mills,
The order vacating the restraining order is
Affirmed.
Cited: Brown v. Hutchinson,