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" 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... "
A Practical Treatise of the Law of Evidence, and Digest of Proofs, in Civil ... - Side 371
av Thomas Starkie - 1842
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Reports of Cases Argued and Determined in the English Courts of ..., Volum 46

Great Britain. Courts - 1864 - 584 sider
...of action, except by declaring that, " in debt on specialty or covenant, the plea of non eft factum shall operate as a denial of the execution of the deed in point of fart only ; and all other defences shall be specially pleaded, including matters which make the deed...
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Arnould on the Law of Marine Insurance, Volum 2

Sir Joseph Arnould - 1866 - 620 sider
...Should the policy be under seal, rule 10 provides that " the plea of non est faetum shall operate as denial of the execution of the deed in point of fact only, and all other matters must he specially pleaded, including matters which make the deed absolutely void, as well as...
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A Treatise on the Principles of Pleading in Civil Actions: Comprising a ...

Henry John Stephen - 1867 - 606 sider
...must be pleaded. II. Covenant and Debt. 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. The plea of nil debet shall not be allowed in any action. In actions of debt on simple contract, other...
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The Common Law Procedure Acts and Other Statutes Relating to the Practice of ...

Great Britain, Sir John Charles Frederic Sigismund Day, John Charles Frederic Sigismund Day - 1868 - 712 sider
...specialties and covenants, 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...absolutely void as well as those which make it voidable. See Millerihip v. Brookes (5 H. & N. 797; LJ 29, Ex. 369). 11. The plea of " nil debct" shall not be...
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The Principles and Practice of the Law of Evidence

Edmund Powell - 1869 - 786 sider
...affirmative issue by the defendant. " 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" (z). " The plea of ' nil debet' shall not be allowed in any action" (a). " All matters in confession...
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A Treatise on Pleading, and Parties to Actions, with Second and Third ...

Joseph Chitty - 1872 - 900 sider
...interested.' *II. In Covenant and Debt. "1. In debt on specialty or covenant, the plea of non estfactum shall operate as a denial of the execution of the deed in point of fact only (7) ; and all other defences shall be specially pleaded, including matters which make the deed absolutely...
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The Laws of British Guiana Chronologically Arranged from the Year 158o to ...

British Guiana - 1873 - 660 sider
...Bonds and Covenants, the general issue shall operate as a denial of the execution of the instrument in point of fact only, and all other defences shall...specially pleaded, including matters which make the instrument absolutely void, u well as those which make it voidable. 5. In all actions on Contract,...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volum 14

Florida. Supreme Court - 1887 - 738 sider
...must be specially pleaded. 67. 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. Illustrations of the rale. "Never was indebted," plea of, to what actions applicable. Non-assumpsit,...
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Shelford's Real Property Statutes: Including the Prcincipal Statutes ...

Great Britain, Leonard Shelford, Thomas Henry Carson - 1874 - 940 sider
...(amongst other things) provided, that in actions on specialties and covenants the plea of non est factiim shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable. The plea of nil debet shall not be allowed in any action. (1 Ell. & Bl. App. XXX.) Devisee* to be liable...
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A New Law Dictionary and Institute of the Whole Law: For the Use of Students ...

Archibald Brown - 1874 - 510 sider
...specialties and covenants, the plea of non est faclum shall operate as a denial of tho execution of tho deed in point of fact only, and all other defences...absolutely void as well as those which make it voidable. NON EST INVENTOS (he is nnt found). When a writ is directed to the sheriff commanding him to arrest...
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