Record

(redirected from mar)
Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Idioms, Encyclopedia, Wikipedia.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
Men like Schiaparelli watched the red planet--it is odd, by-the-bye, that for count- less centuries Mars has been the star of war--but failed to interpret the fluctuating appearances of the markings they mapped so well.
As Mars approached opposition, Lavelle of Java set the wires of the astronomical exchange palpitating with the amazing intelli- gence of a huge outbreak of incandescent gas upon the planet.
That night another invisible missile started on its way to the earth from Mars, just a second or so under twenty-four hours after the first one.
"One er dem big cat-tail-lookin' mullen-stalks would grow in heah, Mars Tom, I reck'n, but she wouldn't be wuth half de trouble she'd coss."
"Why, Mars Tom, I lay I kin raise one er dem mullen-stalks twyste wid spring water whiles another man's a START'N one wid tears."
"She'll die on my han's, Mars Tom, she sholy will; kase I doan' skasely ever cry."
The feet themselves were heavily padded and nailless, which fact had also contributed to the noiselessness of their approach, and, in common with a multiplicity of legs, is a characteristic feature of the fauna of Mars. The highest type of man and one other animal, the only mammal existing on Mars, alone have well-formed nails, and there are absolutely no hoofed animals in existence there.
My feat then was as marvelous upon Mars as it would have been upon Earth, and from desiring to annihilate me they suddenly looked upon me as a wonderful discovery to be captured and exhibited among their fellows.
She is in love with Mars, who is handsome and clean built, whereas I am a cripple--but my parents are to blame for that, not I; they ought never to have begotten me.
See how limping Vulcan, lame as he is, has caught Mars who is the fleetest god in heaven; and now Mars will be cast in heavy damages."
The fierce Abantes held Euboea with its cities, Chalcis, Eretria, Histiaea rich in vines, Cerinthus upon the sea, and the rock-perched town of Dium; with them were also the men of Carystus and Styra; Elephenor of the race of Mars was in command of these; he was son of Chalcodon, and chief over all the Abantes.
And those of Dulichium with the sacred Echinean islands, who dwelt beyond the sea off Elis; these were led by Meges, peer of Mars, and the son of valiant Phyleus, dear to Jove, who quarrelled with his father, and went to settle in Dulichium.