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recording act

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 28 U.S. 280 - James Jackson v. Elias Lamphire · 1830Most cited · 91 citing opinions

It is within the undoubted power of state legislatures to pass recording acts, by which the elder grantee shall be postponed to a younger, if the prior deed is not recorded within the limited time; and the power is the same whether the deed is dated before or after the passage of the recording act. Though the effect of such a law is to render the prior deed fraudulent and void against a subsequent purchaser, it is not a law impairing the obligation of contracts; such too is the power to pass acts of limitations, and their effect.

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