“ In general usage the term is applied rather to wills than to deeds, and signifies official proof, sometimes ex parte, before a judicial or quasi judicial officer or tribunal. In North Carolina, from an early day, it has been applied to the proof or acknowledgment required to be made of deeds and other instruments in writing as a condition precedent to registration. In early times, probate was made before the county courts. ”

“ Under this act, as has been uniformly held by the supreme court of the state, there is no limitation as to the time when the deed shall be registered; the act simply provides that the deed shall not be valid against creditors or purchasers for value except from registration. ”

“ On the contrary, the intent is that all deeds probated in such manner that under the previous laws they were entitled to be admitted to registration shall be validated 'to all intents and purposes.' The result is that if already registered when the act of 1870 was ratified, the legislative fiat for registration, which took the place of the judicial fiat, applied to them nunc pro tunc. ”

“ It thus appears that plaintiff's paper title as registered must prevail over that of defendant. This renders it unnecessary to consider whether, aside from registration of the Olmsted deed in 1869, defendant and those under whom it claims were purchasers without notice, within the meaning of the second proviso of § 1 of the Connor act. ”

“ This deed stands upon a different footing from the Olmsted deed, for it was both made and acknowledged after the ratification of the Code of Civil Procedure in 1868, and it was not registered in Clay county within two years after its date, nor until sometime in 1896, being then accompanied with certificates of probate that complied with the provisions of the Code of Civil Procedure. ”

“ Code of 1883, §§ 2464 et seq.; that the 5,000-acre grant is invalid for noncompliance with certain formalities prescribed by the law, and that even if valid it is subordinate to the 16 grants of 640 acres each, because, as is said, grants of this nature have effect according to the dates of the repective land entries, and the 16 grants were based upon entries antedating that upon which the 5,000-acre grant rests. ”