relation back

The principle by which an act done at one time is considered by a fiction of the law to have been done on a preceding date. Operative effect of a deed as of a date prior to execution and delivery of the instrument. 23 Am J2d Deeds § 286. The doctrine that the final delivery of an instrument in escrow relates back to and takes effect at the time of the original deposit in escrow. 28 Am J2d Escr § 29. The principle that where a person takes by execution of a power of appointment, he takes, under the authority of the power, as if the power and the instrument executing the power had been incorporated in one instrument, the title resting on the act creating the power and taking effect as of the date of the instrument which conferred the power. 41 Am J1st Pow § 70. The principle that the recording of an instrument is deemed in law to have been done on the day the instrument was filed for record in the recorder's office, although he did not actually copy the instrument upon the record until several days later. Gibson v Chouteau (US) 13 Wall 92, 20 L Ed 534. A principle unsuccessfully asserted as the basis of guilt of burglary where the entry, as by an employee servant, or lodger, was lawful but an intent to steal was formed in the mind of such a person after gaining entrance. 13 Am J2d Burgl § 9. See retrospective operation.