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Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

To state in a written instrument facts connected with its inception, or reasons for its being made. Recital: the formal statement or setting sons upon which the transaction is founded; the rehearsal or making mention in a deed or writing of something which has been done before. Recitals in conveyancing correspond in general nature with preambles in statutes, and with inducement in pleading. They are not essential parts of a contract or deed, and are not obligatory or operative in the same manner as the contracting or granting words. They are introduced at the option of parties to aid in construing and applying the operative parts of the instrument, should controversy arise, by preserving the knowledge of the facts and motives which led to the making the instrument. Thus they are, generally (unless connected with subsequent occurrences — such as a reliance upon them by a person to his prejudice — warranting application of the doctrine of estoppel), operative only by way of admission or evidence, and are open, in a proper case, to explanation and proof of mistake. The recital usually made in a deed acknowledging payment of the purchasemoney is a familiar instance of the limit placed upon the effect of recitals. The grantor is allowed to disprove it, if his purpose is to recover the money; and he may, while the grantee's situation remains unchanged, show that the recital is erroneous, and in fact the money was not paid, and may recover it. But he is not allowed to contradict the recital for the purpose of defeating the conveyance, or recovering back the land; nor would he be allowed to contradict the recital, to the prejudice of a third person to whom the grantee had exhibited it, and who on the faith of it had made advances or settled accounts. Recitals are usually introduced in the introductory parts of the instrument, and may be in any forms of language appropriate and lucid.