Feigned Issue

An issue brought by consent of the parties, or by the direction of some disputed matter of fact which the court has not the power or is unwilling to decide. A series of pleadings was arranged between the parties, as if an action had been commenced at common law upon a het involving the fact in dispute.

3 Bla. Com. 452.

This is still the practice in most of the states retaining the distinction between the procedure in law and in equity. Under the reformed codes of some states issues may be framed in certain exceptional cases. In England, the practice has been disused since the passing of the stat 8 and 9 Viet. c.

109, s.

19, permitting any court to refer any question of fact to a jury in a direct form.

The act 21 and 22 Viet. c.

27, provided for trial by jury in the court of chancery. FELAGUS (Lat). One bound for another by oath; a sworn brother.

Du Cange

A friend bound in the decennary for the good behavior of another. One who took the place of the deceased. Thus, if a person was murdered, the recompense due from the murderer went to the father or mother of the deceased; if he had none, to the lord; if he had none, to his felagus, or sworn brother. Cunningham, Law Diet.; Cowell; Du Cange.