from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
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.