Issue

In Realty Law. Descendants. All persons who have descended from a common ancestor.

3 Ves, Ch, 257; 19 id. 547; 1 Roper, Leg. 90.

In a will it may be held to have a more restricteil meaning, to carry out the testator’s intention; 7 Ves. Ch. 522; 1 Roper, Leg. 90. 2 Wills, Exec. 386, n.; but it has been held that a devise to “Issue” means prirna facie legitimate issue, and an intention to include illegitimates must appear from the will itself without resort to extrinsic evidence; Flora v. Anderson, 67 Fed. 182. See Bac. Abr, Curteay (D), Legatee. If the term be used in the sense of heirs, that is, as comprehending a class to take by inheritance, it is to be interpreted as a term of limitation, and brings the case within the Rule in Shelley’s case; and this is the interpretation that prima facie will bfe given if; Robins v, Quinliven, 79 Pa. 333. It means, prima facie, “heirs of the body”; Stayman v. Paxson, 221 Pa. 446, 70 Atl, 803; but if the context Indicate a different intention, it will be sustained as a word of purchase; 2 Wms. R. P. 603. In a deed it is always taken as a word of purchase; Taylor V. Taylor, 63 Pa. 483, 3 Am. Rep. 565; 4 Term R. 299; 2 Ves. Sr. 681; 2 Wms. R. P. 604. In Pleading. A single, certain, and material point, deduced by the pleadings of the parties, which is affirmed on the one side and denied on the other. The entry of the pleadings.

1 Chitty, PI. 630.

Several connected matters of fact may go to make up the point in issue. An actual issue is one formed in an action brought in the regular manner, for the pur- A collateral issue is one framed upon some matter not directly In the line of the pleadings; as, for example, upon the identity of one who pleads diversity in bar of execution.

4 Bla. Com, 396.

A common issue is that which is formed upon the plea of non est factum to an action of covenant broken. This is so called because it denies the deed only, and not the breach, and does not put the whole declaration in issue, and because there is no general issue to this form of action.

1 Chitty, PI. 482; Gould, PI. c. 6, pt. 1, § 7.

An issue in fact is one in which the truth of some fact is affirmed or denied. In general, it consists of a direct affirmative allegation on one side and a direct negative on the other.

Co. Litt. 126 o; Bac. Abr. Pleas (G 1); 2 W. Bla. 1312; Simonton v. Winter, 5 Pet. (U. S.) 149, 8 L. Ed. 75.

But an affirmative allegation which completely excludes the truth of the preceding may be sufficient; 1 Wils. 6. Thus, the general issue in a writ of right (called the mise) is formed by two affirmatives; the demandant claiming a greater right than the tenant, and the tenant a greater than the demandant.

3 Bla. Com. 195, 305.

And in an action of dower the count merely demands the third part of [ ] acres of land, etc., as the dower of the demandant of the endowment of A B, heretofore the husband, etc., and the general issue is that A B was not seised of such estate, etc., and that he could not endow the demandant thereof, etc.; which mode of denial, being argumentative, would not, in general, be allowed.

2 Saund. 329.

A feigned issue is one formed in a fictitious action, under direction of the court, for the purpose of trying before a jury some question of fact. Such Issues are generally ordered by a court of equity, to ascertain the truth of a disputed fact They are also frequently used in courts of law, by the consent of the parties, to determine some disputed rights without the formality of pleading; and by this practice much time and expense are saved in the decision of a cause; 3 Bla. Com. 452. Suppose, for example, it is desirable to settle a question of the validity of a will in a court of equity. For this purpose an action Is brought, in which the plaintiff by a fiction declares Uiat he laid a wager for a sum of money with the defendant, for example, that a certain paper is tt® l®st will and testament of A, then avers it Is his will, and therefore demands the money; the defendant admits the wager, but avers that it is not the will of A; and thereupon that issue is joined, which is directed out of chancery, to be tried; and thus the verdict of the jurors at law determines the fact in the court of equity. A in proceedings to test the title to goods levied upon by the sheriff and claimed by a third party. The name is a misnomer, inasmuch as the issue Itself Is upon a real, material point in question between the parties, and the circumstances only are fictitious. It Is a contempt of the court In which the action is brought to bring such an action, except under the direction of some court; 4 Term 402. A formal issue is one which is framed according to the rules required by law, in an artificial and proper manner. A general issue is one which denies in direct terms the whole declaration: as, for example, where the defendant pleads nil debet (that he owes the plaintiff nothing), or nul disseisin (no disseisin committed).

3 Greenl. Ev. § 9; Steph. PI. 220; 3 Bla. Com. 305.

See General Issue. An immaterial issue is one formed on some immaterial matter, which, though found by the verdict, will not determine the merits of the cause, and will leave the court at a loss how to give judgment.

2 Wms. Saund. 319, n. 6.

See Immaterial Issue. An informal issue is one which arises when a material allegation is traversed in an improper or inartificial manner.

Bac. Abr. Picas (G 2), (N 5); 2 Wms. Saund. 319 a, n. 7.

The defect is cured by verdict, by the statute 32 Hen. VIII. c.

30.

A material issue is one properly formed on some material point which will, when decided, settle the question between the parties. A special issue is one formed by the defendant’s selecting any one substantial point and resting the weight of his cause upon that. It is contrasted with the general issue.

Comyns, Dig. Pleader (R 1, 2).