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FACTUM Definition & Legal Meaning

Definition & Citations:

Lat. In old English law.A deed ; a person’s act and deed : anything stated or made certain ; a sealedinstrument; a deed of conveyance.A fact; a circumstance; particularly a fact In evidence. Bract, fol. 1 b.In testamentary law. The execution or due execution of a will. The factum of aninstrument means not barely the signing of it, and the formal publication or delivery,but proof that the party well knew and understood the contents thereof, and did give,will, dispose, and do, in all things, as in the said will is contained. Weatherhead v. Baskerville,11 How. 354, 13 L. Ed. 717.In the civil law. Fact; a fact; a matter of fact, as distinguished from a matter of law.Dig. 41, 2, 1, 3.In French law. A memoir which contains concisely set down the fact on which acontest has happened, the means on which a party founds his pretensions, with therefutation of the means of the adverse party. Vicat.In old European law. A portion or allotment of land. Spelman.


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