Supreme Court of North Carolina, 1929

Heaton v. . Heaton

Heaton v. . Heaton
Supreme Court of North Carolina · Decided January 9, 1929 · BeogdeN
146 S.E. 146; 196 N.C. 475; 1929 N.C. LEXIS 18 (South Eastern Reporter)

Heaton v. . Heaton

Opinion of the Court

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 *476 defeat tbe rights of subsequent purchasers for value. N. C. Code 1927, sec. 3561, requires that β€œthe 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.