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

noun account, affidavit, annal, archive, catalogue, certificate, chronicle, contract, diurna, docket, documentation, dossier, entry, evidence, file, journal, list, log, memorandum, minute, note, recording, register, roll, roster, transcript, urbana, written material
Associated concepts: courts of record, judicial record, liens of record, matter of record, public record, record of connictions, record of encumbrances, Recording Acts

record

verb book, calendar, catalogue, chronicle, copy, docket, document, enroll, enter, file, formalize, historify, historize, in tabulas referre, index, inscribe, insert, jot down, journalize, keep accounts, list, log, make a memorandum, make a note, make an entry, mark, note, post, preserve, put in writing, put on paper, put on record, report, set down, tabulate, take down, take minutes, tally, write, write down
Associated concepts: record a deed, record a lien, record a mortgage
See also: account, bill, book, calendar, cast, ceiling, date, deed, depict, docket, document, documentation, dossier, enroll, evidence, file, form, impanel, index, inscribe, inscription, instrument, inventory, invoice, journal, ledger, marginalia, memorandum, narrative, notation, note, register, relate, render, report, roll, set down, story, transcript

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 classic literature ?
Being of an eccentric and melancholy turn of mind, and greatly given to rummaging old records and hearkening to old traditions, he had brought himself, it is averred, to the conclusion that Matthew Maule, the wizard, had been foully wronged out of his homestead, if not out of his life.
This envelope had the air of an official record of some period long past, when clerks engrossed their stiff and formal chirography on more substantial materials than at present.
He often studied his records, examining and poring over them with absorbing interest until far into the night; but what he found there-- if he found anything--he revealed to no one.
And now, if you are truly repentant, come and record.
I have asked my friend Arminius, of Buda-Pesth University, to make his record, and from all the means that are, he tell me of what he has been.
The "journal of Astoria," however, which was kept under his own eye, records this union as a high state alliance, and great stroke of policy.
On the contrary, he gained a creditable record as a student, although it is admitted that he contracted debts and had "an ungovernable passion for card-playing.
So perfect was the organisation of the society, and so systematic its methods, that there is hardly a case upon record where any man succeeded in braving it with impunity, or in which any of its outrages were traced home to the perpetrators.
The memory may hold record of everything, as it is believed, but it will not be easily entreated to give up its facts, and I find myself striving in vein to recall the things that I must have read that year in the country.
Browning has given us the key, and those volumes a delightful gift to our age-record of so much that is richest in the world of things, and men, and their works--all so much the richer by the great intellect, the great imagination, which has made the record, transmuted them into imperishable things of art:--
Is some one trying to make a record round the world?
Sir Alfred smiled with the air of one a little proud of his record.