Record

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record

1) v. (rick-cored) to put a document into the official records of a county at the office of the County Recorder or Recorder of Deeds. The process is that the document is taken or sent to the Recorder's office, a recording fee paid, the document is given a number (a document number, volume or reel number and page number), stamped with the date (and usually the time) of recording and then in most modern offices, microfilmed and the document returned a short time later. Normally recorded is any document affecting title to real property such as a deed, deed of trust, mortgage, reconveyance, release, declaration of homestead, easement, judgment, lien, request for notice of default, foreclosure, satisfaction of judgment, and sometimes long-term leases. These recordings provide a traceable chain of title to the property and give the public "constructive" notice of all interests in the property. In most states if there is more than one document affecting the property, (such as two deeds, two mortgages, or a judgment and mortgage) the first one recorded has "seniority" and first claim on the property in what is called a "race to the courthouse." 2) v. to write down or tape the minutes, financial transactions, discussions and other happenings at meetings. 3) n. (wreck-urred) in trials, hearings or other legal proceedings the total of the proceedings which are transcribed by a court reporter and included in the minutes of the clerk or judge, as well as all the documents filed in the case. On an appeal, the record includes everything that transpired before the appeal, upon which the written briefs (opposing legal arguments) and oral argument are based. On appeal the court can consider only the record, unless there is a claim of "newly discovered evidence." (See: deed, deed of trust, mortgage, race to the courthouse, trial, appeal)

RECORD, evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 6 Call, 78; 1 Dana, 595.
     2. Records may be divided into those which relate to the proceedings of congress and the state legislatures -- the courts of common law -- the courts of chancery -- and those which are made so by statutory provisions.
     3.-1. Legislative acts. The acts of congress and of the several legislatures are the highest kind of records. The printed journals of congress have been so considered. 1 Whart. Dig. tit. Evidence, pl. 112 and see Dougl. 593; Cowp. 17.
     4.-2. The proceedings of the courts of common law are records. But every minute made by a clerk of a court for his own future guidance in making up his record, is not a record. 4 Wash. C. C. Rep. 698.
     5.-3. Proceedings in courts of chancery are said not to be, strictly speaking, records; but they are so considered. Gresley on Ev. 101.
     6.-4. The legislatures of the several states have made the enrollment of certain deeds and other documents necessary in order to perpetuate the memory of the facts they contain, and declared that the copies thus made should have the effect of records.
     7. By the constitution of the United States, art. 4. s. 1, it is declared that "full faith and credit shall be given, in each state, to the public acts, records and judicial proceedings of every other state; and the congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof." In pursuance of this power, congress have passed several acts directing the manner of authenticating public records, which will be found under the article Authentication.
     8. Numerous decisions have been made under these acts, some of which are here referred to. 7 Cranch, 471; 3 Wheat. 234; 4 Cowen, 292; 1 N. H. Rep. 242; 1 Ohio Reports, 264; 2 Verm. R. 263; 5 John. R. 37; 4 Conn. R. 380; 9 Mass 462; 10 Serg. & Rawle, 240; 1 Hall's N. York Rep. 155; 4 Dall. 412; 5 Serg. & Rawle, 523; 1 Pet. S. C. Rep. 352. Vide, generally, 18 Vin. Ab. 17; 1 Phil. Ev. 288; Bac. Ab. Amendment, &c., H; 1 Kent, Com. 260; Archb. Civ. Pl. 395; Gresley on Ev. 99; Stark. Ev. Index, h.t.; Dane's Ab. Index, h.t.; Co. Litt. 260; 10 Pick. R. 72; Bouv. Inst. Index, h.t.

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. Sec. 403, 404; 5 Greenl. 272.

References in periodicals archive ?
According to court records, a woman called about 2:15 a.m.
Court records do not say how the suspects are alleged to have pulled off the two U.S.
Other items to be addressed by the FCTC include disability access to records, commercial use of court records, the process for removal of confidential data from court records before electronic availability, coordinating any technology recommendations with the courts' long-range plan, and recommendations from other groups addressing smaller areas affecting technology.
The girl said her mother put her fingers in her mouth and tried to rip her mouth open, according to court records. The 11-year-old told authorities that her mother also bit her arms and right cheek.
Earlier this month, Hillar traveled to Belize, where he told someone he owned property in Costa Rica and planned to travel internationally in the near future, court records show.
In any case where an order making court records confidential remains in effect as of the time of an appeal, the clerk's index must include a statement that an order making court records confidential has been entered in the matter and must identify such order by date or docket number.
He pleaded guilty in August 2013 and was sentenced to: a year of probation; 40 days in jail, of which he would have to serve 20 days; 160 hours of community service; and to complete and comply with a sex offender evaluation, court records show.
"Eliminating PACER fees will improve transparency of the courts and allow law libraries to preserve and provide access to court records. We urge Congress to enact this legislation."
It contended that a person who has 'tampered with court records cannot become the country's president'.
The petitioner argued that a person who has 'tampered with court records cannot become the country's president'.
It contended that a person who has "tampered with court records cannot become the country's president".
The petition then contended that a person who has changed court records cannot be elected as the president of the country.