Smith v. . Turnage-Winslow Co.

CoNNOR, J. A person interested in a transaction involving the title to land situate in any county of this State may ordinarily rely upon the public records-of said county for the purpose of ascertaining the true title to said land. *314 It is provided by statute that “no conveyance of land, or contract to convey or lease of land for more than three years, shall be valid to pass any property as against creditors or purchasers for a valuable consideration from the donor, bargainor, or lessor, but from the registration thereof within the county where the land lies.” C. S., 3309. It is further provided by statute that “no deed of trust or mortgage for real or 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 on the county where the land lies; or in case of personal estate, where the donor, bargainor, or mortgagor resides; or in case the donor, bargainor, or mortgagor resides out of the State, where the said personal property, or some part of the same, is situated; or in cases of choses in action, where the donee, bargainee, or mortgagee resides.” 0. S., 3311. In construing and applying the foregoing- statutes, this Court has uniformly and consistently held that no notice, however full and formal, will supply want of registration where the unregistered deed conveys land, or the unregistered deed of trust or mortgage conveys land or personal property to one who is claiming said land or personal property against a purchaser for value from or against a creditor of one whose title to the said land or personal property is derived from a duly registered deed, deed of trust, or mortgage. Such construction and application is necessary to enforce the public policy of this State, as declared in these statutes. This policy cannot be varied to meet the apparent hardship of an individual case, such as that presented by the record in this appeal. See Duncan v. Gulley, 199 N. C., 552, 155 S. E., 244, and numerous other cases which may be found in digests in general use. If it be conceded in this case that the words and figures found in the clause contained in the mortgage from Mary Paramore and her husband, W. B. Paramore, to wit: “Except P-14-293,” are sufficient as a reference to the deed of trust from W. B. Paramore to A. W. Bailey, trustee, recorded in the office of the register of deeds of Pitt County, on 24 October, 1922, in Book P-14, at page 293, it does not follow that such reference was sufficient notice to the defendant at the date of the execution of its mortgage from Mary Paramore and her husband, W. B. Para-more, that W. B. Paramore had title, legal or equitable, to the land conveyed to the defendant by its mortgage. An investigation of the records in the office of the register of deeds of Pitt County, at or before the date of the execution of said mortgage, would have disclosed a deed from Gr. ~W. Haddock and his wife, Bessie Haddock, to Mary Paramore, dated 21 October, 1922, and recorded in said office on 9 February, 1929, in Book E-17, at page 422; such investigation would not have disclosed any deed to W. B. Paramore, conveying to him the land which he conveyed *315 by bis deed of trust to A. W. Bailey, trustee. When tbe defendant accepted tbe mortgage from Mary Paramore and ber busband, W. B. Paramore, it bad no notice, actual or constructive, tbat tbe deed from G. W. Haddock and bis wife, Bessie Haddock, at tbe date of its delivery, conveyed tbe land described therein to "W". B. Paramore, and not to bis wife, Mary Paramore, as shown by tbe record. See Hardy v. Fryer, 194 N. C., 420, 139 S. E., 833, where tbe facts^are readily distinguishable from tbe facts of this case. There is error in tbe judgment on tbe pleadings in tbe instant case. Tbe judgment is reversed and tbe action remanded to tbe Superior Court of Pitt County for trial by a jury of tbe issues raised by tbe pleadings. What tbe legal effect of answers to these issues favorable to tbe plaintiff will be is not presented on tbe record in this appeal.- Eeversed.