Lat. A plea by way of traverse, which occurs in debt on bond or other specialty, and also in covenant. It denies that the deed mentioned in the declaration is the defendant’s deed. Under this, the defendant may contend at the trial that the deed was never executed in point of fact; but he cannot deny its validity in NON EST FACTUM
What is NON EST FACTUM?
- ALLEGATIO CONTRA FACTUM NON EST AD- MITTENDA
- NON DEBET ACTORI LICERE 824 NON EST FACTUM
- NEVER INDEBTED, PLEA OF
- BIS IDEM EXIGI BONA FIDES NON PATITURI ET IN SATISFACTIONIBUS NON PERMITTITNR AMPLINS FIERI QUAM SEMEL FACTUM EST
- AD FACTUM PRIESTANDUM
- APERTUM FACTUM
- ACTIO IN FACTUM
- AMBIGUITY UPON TLIE FACTUM
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