Montague v. . Thorpe

*164 Peb Ctjbiam. Plaintiff as mortgagee was entitled to possession of tbe land conveyed to him by the mortgagor, certainly after default in the payment of the debt secured thereby. Weathersbee v. Goodwin, 175 N. C., 234, 95 S. E., 491. The oral agreement by which defendant Thorpe, as mortgagor, surrendered possession of the land to the plaintiff, the mortgagee, was valid. The law does not require that such agreement shall be in writing, or that it shall be registered. The jury having found, from sufficient evidence, that the interpleader had notice of the oral agreement, and of the relationship existing between plaintiff and defendant Thorpe, by virtue of such agreement, the agreement was valid as against the interpleader. Stevens v. Turlington, 186 N. C., 192, 119 S. E., 210. The interpleader took his lien and made advancements under the same, with knowledge that defendant Thorpe was in possession of the land as tenant of the plaintiff. C. S., 2481, is therefore not applicable. Thorpe was not in possession of the land at the date of the lien as mortgagor, but as tenant. The crop lien was therefore subject to the lien of the landlord for rent. The paper-writing signed by defendant Thorpe, containing statements relative to his title to the land, was properly excluded as evidence. It is clearly incompetent, upon the principle of inter alios acta, as evidence upon the only issue submitted to the jury. The judgment is affirmed. There is No error.