after stating the case: We are of opinion that, in any just view' of all the evidence produced on the trial, bearing upon and pertinent to the first issue submitted to the jury as to the time when the mortgage deed mentioned in the pleadings was delivered to the Register for registration, it went to prove, and only to prove, that this deed was *37not so delivered to him as required by the statute (The Codo § 3654), prior to the 30th day of December, 1889, and that the Court should so have instructed the jury, as it was requested by the appellants to do, but which it declined to do. The Register and other witnesses examined, who testified as to the pertinent facts, stated in substance that the Register expressly refused to receive the deed for registration until his fees were paid. It was insisted, on the argument here, that the entry on the deed, “Filed for registration at 12 o’clock, July 27th, 1889,” made by the Register, was evidence to the contrary, and that it had technical meaning and effect, because the statute requires the Register to “ endorse on each deed in trust and mortgage the day on which it is presented to him for registration.”
But the statute does not make such endorsement essential to the validity of the registration. Metts v. Bright, 4 Dev. & Bat., 173. When made it is prima facie true, but it is not conclusive. In a proper case it would be competent to show that it was not true in fact — that by inadvertence, mistake or for some fraudulent purpose, it was not made truly and in accordance with the facts. Otherwise, such endorsement might, in some instances, work wrong and injury without remedy. The statute does not so intend, nor is there reason why it should.
Such endorsement, must also be taken and, treated asa whole, especially when it appears from its terms to be explanatory and to have, intentionally, a qualified meaning and purpose. In this case, the endorsement upon the mortgage was not simply “Filed for registration at 12 o’clock m., July 27th, 1889;” it went materially further, reciting and explaining that such statement was made “subject to the annexed facts, endorsed and registered in the office of Register of Deeds for Beaufort County, in Book 73, page 277, January 1st, 1890. This mortgage was brought in this office for registration by 0. Wilkens, Clerk Superior Court, July 27th, *381889. No fees having been paid, the same was left in the office open to the inspection of the public, until December 30th, 1889, at 10 A. m., IT. PI. Broome paid fees, and the same was duly filed and recorded in Book 73, page 227. Register’s office, Beaufort County, January 1st, 1890. (Signed) M. P. Williamson, Register.” This endorsement plainly implies that the mortgage was “ filed,” in the sense of presented for registration, on the 27th of July, 1889, but the Register refused to accept it as delivered to him, because his fees had not been paid. Hence, it is stated that it “ was duly filed and recorded ” on the 30th of December, ,1889.
The Register intentionally refused, as he had the right to do (The Code, § 3758), to treat the mortgage as delivered to him for registration until his fees in that respect had been paid. His fees were paid on the last mentioned day, and he then recognized and treated the mortgage as “ delivered to him for registration.” It was then “delivered” in the sense of the statute. There is no evidence in the endorsement, nor of any witness examined, that tends to prove that it was so “ delivered ” on the 27th of July, 1889, or at any time prior to the 30th of December, 1889. The endorsement is not materially inconsistent with the evidence of the Register and others — the latter only recites the facts more fully and in detail. The mere fact that the mortgage was left in the office of the Register, and with his knowledge, did not imply, necessarily, that it was delivered to him. It must have been delivered to him in such way, and with such accompaniments, as made it his duty to receive it for registration.
The appellants are entitled to a new trial, the judgment must be reversed, and the case disposed of according to law.
Error.