index to records of title


index to records of title
An index of instruments of title recorded or filed in the office of clerk of court, registrar of titles, or county recorder, usually under the names of both grantor and grantee, mortgagor and mortgagee, lienor and lienee, pointing out the book and page of the records of title upon which a particular instrument is recorded or the file in which a particular instrument is filed. 45 Am J1st Reeds § 72. An index to the record of an instrument is the means provided for pointing out or indicating where the record may be found. It may in many cases be indispensable in order to secure the full benefit of the record to the public. But its office is to facilitate the researches of those having occasion to examine the records; and strictly, in the absence of statute, it cannot be said to form part of the record. Green v Garrington, 16 Ohio St 548. Where the statute makes the indexing part of the record, the record is not complete as to notice if the index is not properly made. Re Labb (DC NY) 42 F Supp 542.

Ballentine's law dictionary. . 1998.

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