
    
      LAURA TURNER v. J. B. CONNELLY et al.
    
      Mortgage — Cleric-—Deed, Probate of — Registration.
    When a nioitgage is acknowledged, and wife’s privy examination taken before a Justice of the Peace, but the adjudication that the same is in due form and the order of registration is made by a Clerk of the Superior Court, who is the mortgagee therein, the adjudication and order by the Clerk, and the registration thereunder, are void.
    Civil ACTION, tried before Shipp, J., at February Term, 1890, of Iredell Superior Court.
    
      Messrs. C. II.-Arm,field and IF. D. Turner, for plaintiff.
    
      Messrs. II. Bingham and L. U. Caldwell, fir defendants.
    
      
       Head-note by Clark, J.
    
   Clark,- J.:

On the nth of October, 1886, O. M. Connelly and wife executed to defendant J. B.-Connelly a mortgage on real estate, which was acknowledged by the mortgagors before a Justice of the Peace of Iredell County, and the privy examination taken by the Justice in the regular form, and thereupon it was admitted to probate and ordered to be registered, by the Clerk of die Superior Court, who was the mortgagee in said mortgage. It was registered October 9th, 1886), and was assigned to the plaintiff' by the mortgagee, as ■collateral security for an indebtedness of his own. In January, 1888, the defendant, to secure an indebtedness to the •defendant Sherrill, assigned as collateral a mortgage to himself from O. M. Connelly and wife, on the same house and lot of the said O. M. Connelly aforesaid. This mortgage was also acknowledged before a Justice of the Peace of Ire-dell County, in regular form, and probated by the said J. B. •Connell}', mortgagee, and also Clerk, in the same manner as the Laura Turner collateral mortgage aforesaid; but after-wards the said.J. B. Connelly, Clerk, was removed from his ■office, as such, and one J. H. Hill was duly appointed in his place; wdiereupon, the defendant Sherrill're-probated and re-registered his aforesaid collateral mortgage, before the said J. H. Hill, Clerk, before the said Turner re-probated and re-registered her collateral mortgage aforesaid, before the ■Clerk, Hill.

The Court below being of the opinion that the adjudication and order of registration of the mortgages by the Clerk of the Court, J. B. Connelly, who was mortgagee therein, and the registration had thereby, was void, held that the junior mortgage, registered under the adjudication and order of J. H. Hill, the new Clerk of the Court, had priority over plaintiff’s mortgage. Plaintiff excepted and appealed.

The facts in this case present no substantial difference to those in the case of White v. Connelly, decided at this term. For the reasons therein given, there is no error.

Affirmed.  