Relation

^ 1.

The principle by which an act done at one time is viewed, by a fiction of law, as done at an antecedent period. Applies where several proceedings are essential to complete a particular transaction, as, the execution of a conveyance or deed. The last proceeding which consummates the conveyance is held for certain purposes to take effect as of the day when the first proceeding was had.' Thus, as between the parties to an application for a patent for land, when the title is consummated by all the necessary forms it relates back to the day when the patent was ordered; but not so when third persons, who are not parties, will be prejudiced thereby.* The doctrine is applied to subserve the ends of jus- * L. re-habilitare, to have again.

2 White V. Hart, 13 Wall. 648 (1871); Knote v. United States. 95 U. S. 153 (1877); 48 Pa. 833. ' Philadelphia Trust, &c. Co. v. Audenreid, 83 Pa. 264 (187T), Woodward, J. See also Fuller v. Atwood, 13 E. I. 316 (1881). « Collins V. United States, 15 Ct. CI. 22 (1S7S), Richardson, J.; Kilbum's Case, ib. 41 (1879); Co Uins's Case, 16 Op. Att.-Gen.

624 (1879). ' = Adkins v. Anderson, 10 M. & W. *14 (1842). * L. re-latum^ borne back, carried back. tice, and to protect parties deriving their interests from the claimant pending proceedings for the confirmation of his title. Effect is given to the confirmation as of the day when the proceedings were instituted.' Other -illustrations: an instrument delivered as a deed, but previously held as an escrow, bears the date of the delivery of the escrow; an assignment in bankruptcy transfers the debtor's title as it existed at the date of the filing of the petition; an act may give, character to a prior act and make a case of trespass ab initio; the judgment of a court has been held to be rendered as of the first day of the term.^ 2. A narrative; information: as, in speaking of the suit of the State " at the relation " of {ex relatione, or ex rel.) A. B. v. C. D. Relator. An informant: the plaintiff in pi-oceedings by quo warranto. See War-