Non Est Factum - Law Dictionary Search Results
Home Dictionary Name: non est factumnon est factum
non est factum [New Latin, (it) is not (his or her) deed] : a defense by way of denial of a deed (as the execution of a contract) ...
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....
Factum
Factum, a person's act or deed; anything stated or made certain. As to the plea of 'non est factum,' i.e. 'I never made the deed,' see Howatson v. Webb, (1907) 1 Ch 537, affd. (1908) 1 Ch 1, and the cases there cited.A fact, such as a person's physical presence in a new domicile; Black's Law Dictionary, 7th Edn., p. 613....
Modo et forma
Modo et forma (in manner and form), a phrase formerly used in pleading. It was the nature of a traverse to deny the matter of fact in the adverse pleading in the manner and form in which it was alleged, and, therefore, to put the opposite party to prove it to be true in manner and form as well as in general effect. The plea of non est factum, and the replication de injuria (now abolished), were the only negative traverses not pleaded modo et forma. These words were in no case strictly essential, so as to render their omission a cause of demurrer. See now PLEADING....
Rasure, or Erasure
Rasure, or Erasure, the act of scraping or shaving.Means the scraping or shaving of a document's surface to remove the writing from it, Black's Law Dictionary, 7th Edn., 1268.Rasure of a deed, so as to alter it in a material part, without consent of the party bound by it, etc., will make the same void, and if it be rased in the date after delivery, it is said it goes through the whole. Where a deed by rasure, addition, or alteration becomes no deed, the defendant may plead non est factum, 5 Rep. 23, 119.A rasure or interlineation in a deed is presumed, in the absence of rebutting evidence, to have been made at or before its execution, but in a will it is presumed to have been made after its execution. See INTERLINEATION....
Allegatio contra factum non est admittenda
Allegatio contra factum non est admittenda [Lat.], An allegation contrary to a deed is not admissible....
Non quod dictum est, sed quod factum est, in jure inspicitur
Non quod dictum est, sed quod factum est, in jure inspicitur [Lat.], not what is said, but is done, is regarded in law....
Factum a judice quod ad officium ejus non spectat, ratum non est
Factum a judice quod ad officium ejus non spectat, ratum non est [Lat.] An action of a judge, which relates not to his office, is of no force....
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