Special Non Est Factum

Special Non Est Factum in United States

Special Non Est Factum Definition

The name of a plea by which the defendant says that the deed which he has executed is not hia own, or binding upon him, because of some circumstance which shows that it was not intended to be his deed, or because it was not binding upon him for some lawful reason; as, when the defendant delivered the deed to a third person as an escrow to be delivered upon a condition, and it has been delivered without the performance of the condition, he may plead non est factum, state the fact of the conditional delivery, the nonperformance of the condition, and add, “and so it is not his deed;” or if the defendant be a feme covert, she may plead non est factum, that she was a feme covert at the time the deed was made, “and so it is not her deed.” Bac. Abr. “Please,” etc. (H 3, I 2) ; Gould, PI. c. 6, pt. 1, § 64. See “Issint.”

Special Non Est Factum in Foreign Legal Encyclopedias

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Special Non Est Factum Special Non Est Factum in the European Legal Encyclopedia.
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Special Non Est Factum Special Non Est Factum in the UK Legal Encyclopedia.
Special Non Est Factum Special Non Est Factum in the Australian Legal Encyclopedia.

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Legal Issue for Attorneys

The name of a plea by which the defendant says that the deed which he has executed is not hia own, or binding upon him, because of some circumstance which shows that it was not intended to be his deed, or because it was not binding upon him for some lawful reason; as, when the defendant delivered the deed to a third person as an escrow to be delivered upon a condition, and it has been delivered without the performance of the condition, he may plead non est factum, state the fact of the conditional delivery, the nonperformance of the condition, and add, “and so it is not his deed;” or if the defendant be a feme covert, she may plead non est factum, that she was a feme covert at the time the deed was made, “and so it is not her deed.” Bac. Abr. “Please,” etc. (H 3, I 2) ; Gould, PI. c. 6, pt. 1, § 64. See “Issint.”

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This definition of Special Non Est Factum is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.


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