Recital

The repetition of some former writing, or the statement of something which has been done. It is useful to explain matters of fact which are necessary to make the transaction intelligible. 2 Bl. Comm. 298. In Contracts. The preliminary statement of facts explanatory of the purpose for which the contract is made, or the reasons which led to its execution. In Pleading. A statement of matter introductory to an averment.

The repetition of some former writing, or the statement of something w’hich has been done. It is useful to explain matters of fact which are necessary to make the transaction intelligible. 2 Bla. Com. 298; Big. Estop. 365. In Contracts. The party who executes a deed is bound by the recitals of Essential facts contained therein; Com. Dig. Estoppel (A 2); 2 Co. 33. The amount of consideration received is held an essential fact under this rule, in England; 5 B. & Aid. 606; 1 B. & C. 704; otherwise in the United States; Morse v. Shattuck, 4 N. II. 229, 17 Am. Dec. 419; Pritchard v. Brown, 4 N. II. 397, 17 Am. Dec. 431; Shephard v. Little, 14 Johns. (N. Y.) 210; Weigley’s Adm’rs v. Weir, 7 S. 6 R. (Pa.) 311. But see Brocket v. Foscue, 8 N. C. 64; Forest v. Shores, 11 La. 416; Powell v. Mfg. Co., 3 Mas. 347, Fed. Cas. No. 11,356. In Deeds. The recitals in h deed of conveyance bind parties and privies thereto, whether in blood, estate, or law; Whart. Ev. 1039; 1 Greenl. Ev. § 23; and see 3 Ad. & E. 265; Carver v. Jackson, 4 Pet. (U. S.) 1, 7 L. Ed. 761. See Estoppel. Recitals in a deed bind parties and claimants under them, paramount to the deed; Sabariego v. Maverick, 124 U. S. 261, 8 Sup. Ct. 461, 31 L. Ed. 430. Recitals of preliminary proceedings in tax deeds are not evidence of the facts recited; Downer v. Tarbell, 61 Vt. 530, 17 Atl. 482; Henderson v. White, 69 Tex. 103, 5 S. W. 374. Recitals are deemed to be made upon suggestion of the grantee; Carver v. Jackson, 4 Pet. (U. S.) 87, 7 L. Ed. 761: and are part of the title; Penrose v. Griffith, 4 Binn. (Pa.) 231; they are evidence against the grantee; Schuylkill & D. Imp. & R. Co. v. Mc Creary, 58 Pa. 304; and parol evidence is not admissible to contradict them. Recitals of relationship in a recent deed ’ are generally held inadmissible; Costello v. Burke, 63 la. 361, 19 N. W. 247. A map or plat referred to in a deed may become a part thereof; Beach Front Hotel Co. v. Sooy, 197 Fed. 8S1, 118 C. C. A. 579. Reference in a deed for shore land to a plat containing curved lines, apparently indicating the lines of high and low water, does not estop the grantee and his successors in title to claim that the lands were riparian or littoral; Beach Front Hotel Co. v. Sooy, 197 Fed. 881, 118 C. C. A. 579. Where certain guaranties recited a consideration of $1 to the subscriber in hand paid, the receipt thereof was thereby acknowledged, the guarantors were estopped to deny that any consideration had in fact been paid; Bond v. Farwell, 172 Fed. 58, 96 C. C. A. 546. If the recitals of a patent nullify its granting clause, the grant falls: St. Louis Smelting & Ref. Co. v. Kemp, 104 U. S. 644, 26 L. Ed. 875. See Kirby v. Lewis, 39 Fed. 70. If the operative parts of a deed are ambiguous, the recitals may be referred to as a key to the intention of the parties; 5 Russ. 344; but not if the operative parts are clear; 19

In conveyancing, a preliminary statement in a deed or other instrument of such matters as are necessary to explain the reasons on which the transaction is founded; in pleading, the statement of

contracts, pleading, is the repetition of some former writing, or the statement of something which has been done. Touchst. 76. Recitals are used to explain those matters of fact which are necessary to make the transaction intelligible. 2 Bl. Com. 298. It is said that when a deed of defeasance recites the deed which it is meant to defeat, it must recite it truly. Cruise, Dig. tit. 32, c. 7,8. 28. In other cases it need not be so particular. 3 Penns. Rep. 324; 3 Chan. Cas. 101; Co. Litt. 352 b; Com. Dig. Fait, (E 1). In pleading, when public statutes are recited, a small variance will not be fatal, where by the recital the party is not “tied up to the statute;” that is if the conclusion be contra Aisi statuti predicti. Sav. 42; 1 Chitty Crim. Law, 276; Esp. on Penal Stat. 106. Private statutes must be recited in pleading, and proved by an exemplified copy, unless the opposite party, by his pleading admit them. By the plea of nul tel record, the party relying on a private statute is put to prove it as recited, and a variance will be fatal. See 4 Co. 76; March, Rep. 117, pl. 193; 3 Harr. & M‘Hen. 388. Vide, generally, 12 Vin. Ab. 129; 13 Vin. Ab. 417; 18 Vin. Ab. 162; 8 Com. Dig. 584; Com. Dig. Testemoigne

— Evid. (B 5.); 4 Binn. R. 231; 1 Dall. R. 67; Yelv. R. 127 a, note (1); Cruise, Dig. tit. 32, c. 20, s. 23; 5 Johns. Ch. Rep. 23; Toullier in his Droit Civil Francais, lv. 3, t. 3, c. 6, n. 157 et seq. has examined this subject with his usual ability.