We find no error in the record. The defendant, Amanda, is estopped, by the deeds of mortgage which she executed jointly with her husband, to deny the title of the plaintiff, and he had the right to recover the possession from her.
Justice, who was permitted to come in and make himself a party defendant, claims that he is the legal owner of the land; that he sold it to Kimball, and gave him a bond for title when' the purchase money should be paid, and Kimball sold his interest to Bumpass, and Bumpass and wife transferred their interest by mortgage to the plaintiff, and he prays that he may be declared sole owner of the land.
The defendant, Justice, under either the present or former system of procedure, might have recovered possession of the land in an action brought for that purpose; and, under the former system, the defence against such an action was purely equitable, and Thompson would have been driven into a court of equity to assert his defence, when, after the determination of the action of ejectment, the writ of possession would have been stayed until his equitable defence could be passed on. But under the present system, where the distinctions of actions of law and suits in equity are abolished, if sued for the possession of the land, he might set up his equitable defence to the action — that Justice was bound by his contract to make him a title when the purchase money was paid, and that he was ready to make the payment.
The plaintiff has a clear legal right against Bumpass, and an equitable right against Justice. If the latter had not made himself a party defendant, the plaintiff would have had the unquestionable right to recover the land from Amanda Bumpass, and Justice would have either to have brought an action for specific performance and have the land sold for the payment of the balance due him, or resort to an action to recover the possession, *272when the plaintiff, Thompson, would have had the right to setup his equitable defence. But by making himself a party, it is competent for the court to consider and adjust all the rights of the parties, both legal and equitable, which are properly presented by the pleadings, and render such judgment as will determine the controversy between them, and thereby prevent a multiplicity of action which it is the policy of the present system to avoid.
As to the exception taken to the ruling of the judge in regard to the admission of proof of the handwriting of the register of deeds for Orange county, it cannot be sustained. There is no other law in this state prescribed for the authentication of the certificates of registers in the state. It is competent to prove their handwriting and their signatures to certificates of registration, as prima fade evidence of their official character. The fact that a person has acted in an official capacity is presumptive evidence of his due appointment to the office, because it cannot be supposed that any man would venture to intrude himself into a public situation which he was not authorized to fill. Taylor on Evidence, § 139.
No error. Affirmed.