De Facto

Lat. [L. Fr. (f<j/ai7.] Of fact; from, arising out of, or founded on fact; in fact, in deed; in point of fact; actually, really. An ancient phrase still constantly used in law, in contradistinction to dejure, {of, or founded on right; by right;) and most commonly applied to persons whose titles or claims rest upon mere fact, without any reference to right, or in actual opposition to right or law. Thus, a king de facto is a king in possession, without any respect to his title; an usurper being thus distinguished from a king dejure, or rightful heir of the crown, who has never had plenary possession of the throne.

4 Bl. Com. 11, 78. 1 Id. 204.

So, any public officer, who acts under color of office, by an election or appointment not strictly legal, or without having duly qualified himself, or by holding over after the expiration of his term, is called an officer de facto, as distinguished from the rightful claimant.* 2 Stra. 1090, 1091. 2 Kent's Com. 295, and note.

5 Wendel VsR. 231. 1 Gilmxif Cs (111.) R. 529.

So, a wife de facto, whose marriage is voidable by decree, is distinguished from a wife dejure, or lawful wife.

4 Kent's Com. 36.

This last application is of OTeat antiquity. Uxor dejure — uxores de facto. Bract, fol.

303.

Femme de droit —femmee de fait et a tort. Britt. c.

107.

Bracton applies it to convictions for felony, and to titles to land; using it in the latter sense as synonymous with ex facto, (q. v.) Bract, fol.

30 b, 172, 172 b.