Non Est Factum

Non est factum ('I never made the deed'). This was a plea by way of traverse, which occurred in debt on bond or other specialty, and also in covenant. It denied that the deed mentioned in the declaration was the defendant's deed; under this, the defendant might contend at the trial that the deed was never executed in point of fact; but he could not deny its validity in point of law. And see Howatson v. Webb, (1908) 1 Ch 1, and ASSUMPSIT and PLEADING.