Bender v. American Telephone & Telegraph Co.

Per Curiam. The court held: “It appearing to the court that a grant for a right of way, or an easement, over the lands described in the complaint from J. H. Bender, the then owner of the land, having been registered in the office of the register of deeds of Warren County on 8 August, 1927, and thereafter, to wit, on 10 August, 1927, a deed from the said J. H. Bender to Mrs. Anna B. Bender, the instant plaintiff, his wife, was registered in the office of the register of deeds of Warren County. The court being of the opinion that in the situation the plaintiff cannot recover,” adjudged that the action be dismissed. We think the judgment of the court below correct. In Bank v. Smith, 186 N. C., at p. 641, it is said: “Where the registration of an instrument is required, no notice to purchaser, however full and formal, will supply the place 0f registration. No deed of trust or mortgage for real and 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 lies,' etc. C. S., 3311. See Door Co. v. Joyner, 182 N. C., 521; Fertilizer Co. v. Lane, 173 N. C., 184; Tremaine v. Williams, 144 N. C., 116 and cases *357 cited.” Eaton v. Doub, 190 N. C., at p. 19; Lanier v. Lumber Co., 177 N. C., 200; Threlkeld v. Land Co., 198 N. C., 186. C. S., 3309. The allegations of fact, made by plaintiff are not sufficient to constitute fraud. The description in the conveyance of the right-of-way, an easement in land, is sufficiently definite and certain. In law there was no inadequacy of consideration. Bank v. Mackorell, 195 N. C., 741. The judgment below is Affirmed.