Recite

To set forth in writing facts explanatory of a transaction, — its nature, or the reasons for it. In pleading, " reciting a statute " is quoting or stating its contents. " Recital. The statement, in a deed or other instrument, of the reason for executing it, or of its relation to other instruments.

Misreeital.

An erroneous recital. Constitutes part of the premises of a deed. Usually begins with "whereas," and sets forth such other deeds, agreements, or matters of fact as are necessary to explain the reasons upon which the present transaction is founded. 3 Particular recitals in a deed may operate as an estoppel upon the parties thereto, and their privies; not so general recitals. But no recital can bind innocent third parties. A recital of purchase-money is always open to dispute.* It is laid down generally that a recital of one deed in another binds the parties, and those who claim under them. Technically speaking, it operates as an estoppel, and binds parties and privies,— privies in blood, privies in estate, and privies in law. But it does not bind mere strangers, or those who claim by title paramount to the deed; nor persons claiming by an adverse title or from the parties by title anterior to the date of the reciting deed. But there are cases in which such a recital may be used as evidence even against strangers. If, for instance, there be a recital of a lease in a deed of release, and in a suit agamst a stranger the title under the release comes in question, there the recital is not per se evidence of the existence of the lease. But if the existence and loss of the lease be established by other evidence, the recital is admissible as secondary proof, in the absence of more perfect evidence, to establish the contents of the lease; and if the transaction be ancient, and possession has long been held under such release, and is not otherwise to be accounted for, the recital will of itself materially fortify the presumption, from lapse of time Central Trust Co. v. Wabash, &c.

R. Co., 32 F. E. 187 (1887). See generally Union Trust Co. v. Illinois Midland E. Co., 117 U. S. 434 (1866), Blatchford, J.; 23 Cent. Law J. 340 (1886), cases; 3 Law Quar. Eev. 429-45 (1887), cases; 100 U S. 153; 3 Woods, 316, 514, 527, 691; SDiU. 519, 476; 60 Ala. 331; 16 Wend. 421; 71 N. Y. 401; 12 E. I. 497; 11 Heisk. 210, 412. ' Stanton v. Alabama, &0. R. Co., 31 F. E. 585 (1837); Same v. Same, 2 Woods, 512 (1875), cases. 2 Gould, PI., 4 ed., p.

46, note; 6 W. Va. 648. ' [2 Bl. Com. 298. 1 Greenl. Ev. §§ 23, 26; 2 and length of possession, of the original existence of the lease. 1 Compare Inducement; Pbeauble. See Bond, Municipal; Codpon; Estoppel.