1. Complainant mortgagee delivered his mortgage to the register for the purpose of having it recorded as a deed. It was in fact so recorded. Subsequently judgments, later assigned to respondent, were recovered against the mortgagors and duly entered in the Circuit Court. Held, the lien of the mortgage is subsequent to that of the judgments.
2. The recording of an instrument in its proper book is fundamental to the entire idea and scheme of constructive notice through the records.
3. R.S. 46:17-2, 46:17-3.1 and 46:17-4 relating to the recording of mortgages, are controlling under the circumstances of this case. A.M. Krantz Co. v. Kort, 109 N.J. Eq. 150, distinguished.
PER CURIAM.
The order appealed from will be affirmed, for the reasons stated in the opinion delivered by Vice-Chancellor Stein in the Court of Chancery.
For affirmance — THE CHIEF-JUSTICE, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 12.
For reversal — None.