Non est factum
Non` est` fac´tum
NON EST FACTUM, pleading. The general issue in debt on bond or other
specialty, and is, in form, as follows: "I and the said C D, by E F, his
attorney, comes and defends the wrong and injury, when, &c., and says, that
the said supposed writing obligatory, (or 'indenture,' or 'articles of
agreement,' according to the subject of the action,) is not his deed. And of
this he puts himself upon the country." 6 Rand. Rep. 86; 1 Litt. R. 158.
2. Though non est factum is, in most cases, the general issue in debt
on specialty, yet, when the deed is only inducement to the action, the
general issue is nil debet. Steph. Pl. 174, n.
3. In covenant tlie general issue is non est factum; and its form is
similar to that in debt on a specialty. Id. 174. It is, however, said, that
in covenant there is, strictly speaking, no general issue, as the plea of
non est factum only puts the deed in issue, as in debt on a specialty, and
not the breach of covenant or any other matter of defence. 1 Chit. PI. 482.
See generally, 1 Harring. R. 230; 6 Munf. R. 462; Minor, R. 103; 1 Harr. &
Gill, 324; 13 John. R, 430; 12 John. R. 337; 2 N. H. Rep. 74; 4 Wend. R.
519; 2 N. & M. 492. See Issint; Special non est factum.