Quinnerly v. . Quinnerly

Citations

• 19 S.E. 99
• 114 N.C. 145

Syllabus

<p>Probate Certificate, presumptive evidence that probate was properly taken — Mortgage — Priority — Notice— Registration — • Vendor’s Lien.</p> <p>1. Where the certificate of the Probate Court did not state that the execution of a mortgage had been acknowledged by the grantor or proved by a witness, but merely recited that the mortgagee had ' “procured the same to be proved by this Court,” the presumption is that the probate was properly taken.</p> <p>2. No lien for the unpaid purchase-money exists in favor of a vendor who has conveyed land by deed; nor can the vendor reserve a lien except by taking his security in writing and having it duly registered.</p> <p>3. No notice to a purchaser of land, however full and formal, will supply the place of registration; therefore, a mortgage given for the purchase-money of land is not entitled to priority over a second mortgage which is filed first, though the second mortgagee lias notice thereof.</p>