Definition of TO RECORD


TO RECORD

the act of making a record.


2. Sometimes questions arise as to when the act of recording is
complete, as in the following case. A deed of real estate was acknowledged
before the register of deeds and handed to him to be recorded, and at the same
instant a creditor of the grantor attached the real estate; in this case it was
held the act of recording was incomplete without a certificate of the
acknowledgment, and wanting that, the attaching creditor had the preference. 10
Pick. Rep. 72.


3. The fact of an instrument being recorded is held to operate as a
constructive notice upon all subsequent purchasers of any estate, legal or
equitable, in the same property. 1 John. Ch. R. 394.


4. But all conveyances and deeds which may be de facto recorded, are not
to be considered as giving notice; in order to have this effect the instruments
must be such as are authorized to be recorded, and the registry must have been
made in compliance with the law, otherwise the registry is to be treated as a
mere nullity, and it will not affect a subsequent purchaser or encumbrancer
unless he has such actual notice as would amount to a fraud. 2 Sell. & Lef.
68; 1 Sch. & Lef. 157; 4 Wheat. R. 466; 1 Binn. R. 40; 1 John. Ch. R. 300;
1 Story, Eq. Jur. §403, 404; 5 Greenl. 272.




Source: Bouviers Law Dictionary 1856 Edition

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