Heaton v. . Heaton

146 S.E. 146, 196 N.C. 475, 1929 N.C. LEXIS 18

• Court: Supreme Court of North Carolina
• Decided: January 9, 1929
• Status: Published

Opinion

BeogdeN, J.

Tbe indexing and tbe cross-indexing of deeds, mortgages and deeds of trust is an essential part of tbe registration thereof. Therefore a deed, mortgage, or deed of trust not properly indexed and cross-indexed is not properly registered, and registration is necessary to defeat tbe rights of subsequent purchasers for value. N. C. Code 1927, sec. 3561, requires that “the naines of the parties to all liens, etc.,” shall be shown on the index. The indexing of the instrument in controversy did not comply with the statute; hence the ruling of the trial judge was correct. Clement v. Harrison, 193 N. C., 825, 138 S. E., 308.

Affirmed.