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" Heard. distinct statement of a particular fact is made in the recital of a bond, or other instrument under seal, and a contract is made with reference to that recital, it is unquestionably true that, as between the parties to that instrument and in an... "
A Manual of the Law of Landlord and Tenant - Page 54
by Horace Smith, Thomas Spooner Soden - 1871 - 386 lehte
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., 8. köide

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1837 - 964 lehte
...755 DEED. Estoppel by. Where a distinct statement of a particular fact is made in the recital of a bond or other instrument under seal, and a contract is made with reference to that recital, it is not, as between the parties to the instrument, and in an action upon it, competent to the party bound...
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The Legal Observer, Or, Journal of Jurisprudence, 23. köide

1842 - 556 lehte
...59. So in a hite case, where a distinct statement of a particular fact is made in the recital of a bond or other instrument under seal, and a contract is made with reference to that recital, it was held, as between tire larties to that instrument, and in an action jpon it, not competent to the...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, 27. köide

1842 - 546 lehte
...(Estoppel by recital in.) Where a distinct statement of a particular fact is made in the recital of a deed or other instrument under seal, and a contract is made with reference to that recital, it is not, as between the parties to the instrument, and in an action upon it, competent to the party bound...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., 27. köide

1842 - 508 lehte
...(Estoppel by recital in.) Where a distinct statement of a particular fact is made in the recital of a deed or other instrument under seal, and a contract is made with reference to that recital, it is not, as between the parties to the instrument, and in an action upon it, competent to the party bound...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1845 - 878 lehte
...pleaded as an estoppel. Where a distinct statement of a particular fact is made in the recital of a bond or other instrument under seal, and a contract is made with reference to that recital, it is not, as between the parties to the instrument, and in an action upon it, competent to the party bound...
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Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1846 - 1124 lehte
...Carpenter v. Butter, (c) "If a distinct statement of a particular fact is made in the recital of a bond, or other instrument under seal, and a contract...competent for the party bound, to deny the recital (d), notwithstanding what Lord Coke says on the matter of recital, in Co. Litt. 352. b. : and a recital...
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Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1846 - 996 lehte
...which it was held, that, where a distinct statement of a particular fact is made in the recital of a bond or other instrument under seal, and a contract is made with reference to that recital, it is not, as between the parties to the instrument, and in an action upon it, competent to the party bound...
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The Law of Contracts: In a Course of Lectures Delivered at the Law Institution

John William Smith - 1847 - 438 lehte
...209., it was held, that " if a distinct statement of a particular fact is made in the recital of a bond or other instrument under seal, and a contract...the party bound to deny the recital, notwithstanding Merger. The next peculiarity in a contract by deed is its effect in creating a merger. This hapwhat...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., 5. köide

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1851 - 1054 lehte
...particular fact is BAKE* made in the recital of a bond or other instrument under „ •• HEARD. seal, and a contract is made with reference to that...notwithstanding what Lord Coke says on the matter of recital in Co. Litt. 352. b. ; and a recital in instruments not under seal may be such as to be conclusive to...
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English Reports in Law and Equity: Containing Reports of Cases in ..., 7. köide

Edmund Hatch Bennett, Chauncey Smith - 1852 - 690 lehte
...estoppel : " If a Baker v. Heard. distinct statement of a particular fact is made in the recital of a bond, or other instrument under seal, and a contract...notwithstanding what Lord Coke says on the matter of recital in Co. Litt. 352, b ; and a recital in instruments not under seal may be such as to be conclusive to the...
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