Opinion

Ely v. . Norman

  • 175 N.C. 294
  • 95 S.E. 543
  • 1918 N.C. LEXIS 61
Court
Supreme Court of North Carolina
Filed
Apr 3, 1918
Status
Published
Author
BeowN
On the bench
Hoke, Beown
Cited by
16 cases
Authority
More cited than 11.7%

The opinion

BeowN, J".,

concurring: I concur in the disposition made of this ease,, but I am of opinion that the case of Davis v. Whitaker, 114 N. C., 279 , should be overruled. While it may not be absolutely necessary to overrule it on this occasion, I think it is well within our province to do so,, and that the value of our registration laws, the stability of titles, and. *299 the best interests of the State demand it. I think that the indexing of deeds is an essential part of their registration, just as much so as the indexing of judgments is an essential part of their docketing, as is held in Dewey v. Sugg, 109 N. C., 328 . The great increase in the number of record books in the register’s office (in Wake County there are over 300) renders it practically impossible for a title searcher to examine the pages of every book. Unless the index is held to be a part of the registration, then mortgagees and purchasers of land can have no positively certain assurance that they are acquiring a good title.

I do not care to discuss the matter at length, but I am convinced that the best interests of the State require that we should declare at once that the indexing of a deed is a part of its registration.

I am authorized to say that Justices Walkek and AlleN concur in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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