Citation Numbers: 39 Tenn. 403
Judges: McKinney
Filed Date: 4/15/1859
Status: Precedential
Modified Date: 7/30/2022
delivered the opinion of the Court.
This Ayas an action of replevin hronght by Tipton against Maley, to recover certain goods, Avares and mer
It is true, that the act of 1823, ch. 5, sec. 1, declares, that by the removal of a county register out of the bounds of the county in which he may have been elected, the office shall become vacant; still, we think, the registration of the deed is not vitiated on this ground.
A deputy register is an officer known to the law. By the act of 1852, ch. 175, sec. 4., each county register is authorized to appoint one deputy; and all deeds previously registered by deputies, are declared to be sufficient. By ch. 48, of the same session, it is provided, that when the register shall die, the deputy may continue to act until the appointment of a successor; and all instruments previously registered by a deputy, during a vacancy in the office, by death, are declared as effectual as if made by the principal register.
The case of a vacancy, by the removal of a register, is not embraced by the words of the foregoing enactment, but it is within the spirit of the law. And in this view, the registration might well be considered
The judgment will be affirmed.