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Bouvier's Law Dictionary, Revised 6th Edition (1856)

RECITAL, contracts, pleading. The repetition of some former writing, or the
statement of something which has been done. Touchst. 76.
2. 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, s. 28. In other cases it
need not be so particular. 3 Penna. Rep. 324; 3 Chan. Cas. 101; Co. Litt.
352 b; Com. Dig. Fait, E 1.
3. A party who executes a deed reciting a particular fact is estopped
from denying such fact; as, when it was recited in the condition of a bond
that the obligor had received divers sums of money for the obligee which he
had not brought to account, and acknowledged that a balance was due to the
obligee, it was holden that the obligor was estopped to say that he had not
received any money for the use of the obligee. Willes, 9, 25; Rolle's Ab.
872, 3.
4. 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 formam statuti praediti. Sav.
42; 1 Chit. 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.
5. By the plea of nul tiel 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. & McHen. 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; 3 Binn. R. 175; 3
Yeates, R. 287; 4 Yeates, R. 362, 577; 9 Cowen, R. 86; 4 Mason, R. 268;
Yelv. R. 127 a, note 1; Cruise, Dig. tit. 32, c. 20, s. 23; 5 Johns. Ch.
Rep. 23; 7 Halst. R. 22; 2 Bailey's R. 101; 6 Harr. & Johns. 336; 9 Cowen's
R. 271; 1 Dana's R. 327; 15 Pick. R. 68; 5 N. H. Rep. 467; 12 Pick. R, 157;
Toullier in his Droit Civil Francais, liv. 3, t. 3, c. 6, n. 157 et seq. has
examined this subject with his usual ability. 2 Hill. Ab. c. 29, s. 30; 2
Bail. R. 430; 2 B. & A. 625; 2 Y. & J. 407; 5 Harr. & John. 164; Cov. on
Conv. Ev. 298, 315; Hurl. on Bonds, 33; 6 Watts & Serg. 469.
6. Formerly, in equity, the decree contained recitals of the pleadings
in the cause, which became a great grievance. Some of the English
chancellors endeavored to restrain this prolixity. By the rules of practice
for the courts in equity of the United States it is provided, that in
drawing up decrees and orders, neither the bill, nor the answer, nor other
pleading nor any part thereof, nor the report of any master, nor any other
prior proceedings, shall be stated or recited in the decree or order. Rule
86; 4 Bouv. Inst. n. 4443.

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