 | William Selwyn - 1842 - 784 sider
...Whorwood, 2 Saund. 337. The same rule holds in respect of duties which touch the realty. 1 Inst. 292, b. pleaded, including matters which make the deed absolutely void, as well as those which make it voidable. Under the operation of this rule, many grounds of defence, of which the defendant might heretofore... | |
 | Archibald John Stephens - 1842 - 1072 sider
...By Reg. Gen. HT 4 Will. 4. r. 2. s. 1., " in debt on specialty the plea of P«AS ON Snnon est factum shall operate as a denial of the execution of the deed in CIALTYpoint of fact only ; and all other defences shall be specially pleaded, includ- 4 ^-j[ 4°r °2... | |
 | Henry Roscoe - 1844 - 910 sider
...Evidence on pica nf non cst faclum.] By the rules of HT 4 W. 4., the plea of non est faclum operates as a denial of the execution of the deed in point of fact only, and all other defences are to be specially pleaded, including matters which make the deed absolutely void, as well as those... | |
 | Joseph Chitty - 1844 - 780 sider
...COVENANT AND DEBT. 1. In debt on specialty or covenant the plea of " non est factum" shall KEC.GEN. HII.. operate as a denial of the execution of the deed in point of fact only, and all ERM' ' ' other defences shall be specially pleaded, including matters which make the deed absolutely... | |
 | Samuel Warren - 1845 - 1174 sider
...interested." II. — In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est factura shall operate as a denial of the execution of the...those which make it voidable. 2. The plea of " nil debet" shall not be allowed in any action. 3. In actions of debt on simple contract, other than on... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1854 - 1046 sider
...or persons so interested." 10. In actions on specialties and covenants, the plea of non est factum shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable. Nil dobet H- The P*ea °^ " n^ ^ebet " shall not be allowed in any action. Actions on policies. Specialties... | |
 | Joseph Chitty - 1847 - 1002 sider
...the new rules — " In debt on specialty or covenant, the plea of non est faction, (ante, 443, &c.), shall operate as a denial of the execution of the deed in point of fact -uiy, and all other defences shall be specially pleaded, including matters which make the deed absolutely... | |
 | Thomas Platt - 1847 - 932 sider
...impeach it by a special plea setting forth the cause of invalidity, the plea of non estfactum operating as a denial of the execution of the deed in point of fact only (e) . A freehold lease made by feoffment by a person non compos mentis in person is voidable only,... | |
 | John Jane Smith Wharton - 1848 - 726 sider
...the rules of Hilary Term, 4 Win. IV., " ID debt on specialty or covenant, the plea of non eil/actum shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable." NON EST INVENTOS, a sheriff's return to a writ when the defendant is not to he found in his bailiwick.... | |
 | John Pitt Taylor - 1848 - 764 sider
...for partnership purposes (c). § 214. " In debt on specialty or covenant, the plea of non est factum shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable" (d) . It maybe observed with reference to this rule, that if the plaintiff makes profert of the instrument,... | |
| |
In debt on specialty or covenant, the plea of non est factum shall operate as 'a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well... 
