Gosney v. . McCullers

Stacy, C. J. Is an unregistered deed, admittedly good as between the parties, valid as against the trustee in bankruptcy of an heir of the grantor ? We think it is. An heir takes only the undevised inheritance of which the ancestor was seized at the time of his death. C. S., 1654. And by the express terms of the Connor Act, chapter 147,'Laws of 1885, now O. S., 3309, only creditors of the donor, bargainor, or lessor, and purchasers for value, are protected against an unregistered conveyance of land, contract to convey, or lease of land for more than three years. Eaton v. Doub, 190 N. C., 14, 128 S. E., 494; Spence v. Pottery Co., 185 N. C., 218, 117 S. E., 32; Harris v. Lumber Co., 147 N. C., 631, 61 S. E., 604. Conveyances of land, contracts to convey, and leases of land for more than three years, are declared invalid to pass any property as against creditors of the donor, bargainor or lessor, and purchasers for a valuable consideration, “but from the registration thereof within the county where the land lies”; and as to these creditors and purchasers for value, such conveyances, contracts to convey and leases are to take effect only from and after registration, just as if they had been executed at the time of, and not before, their registration. Robinson v. Willoughby, 70 N. C., 358. *328 The decision in Bell v. Couch, 132 N. C., 346, 43 S. E., 911, and Cowen v. Withrow, 109 N. C., 636, 13 S. E., 1022, on rebearing 112 N. C., 736, 17 S. E., 575, cited and relied upon -by plaintiff, are distinguishable from our present holding, in that, in the cited cases, the rights of purchasers for value claiming under deeds of prior registration, and not those of creditors or the trustee in bankruptcy of an heir of the grantor, as here, were presented for determination. Affirmed.