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Factum

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

A man's own act and deed; a culpable or criminal act; an act not founded in law; a deed; a written instrument under seal. Called, also, oharta.

Spelman; 2 Bl. Comm. 295.

The difference between factum and charta originally would seem to have been that factum denoted the thing done, and charta the evidence thereof.

Co. Litt. 9b.

When a man denies by his plea that he made a deed on which he is sued, he pleads nan est factum, he did not make it. In wills, factum seems to retain an active signification, and to denote a making.

See 11 How. (U. S.) 358.

A fact

Factum probandum, the fact to be proved.

1 Greenl. Ev. § 13.

A portion of land granted to a farmer; otherwise called a hide, bovata, etc.

Spelman.

In French Law. A memoir which contains, concisely set down, the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party. See Vicat. FACTUM A JUDICE QUOD AD EJUS OFficium non spectat, non ratum est. An act of a judge which does not pertain to his office is of no force.

10 Coke, 76; Dig. 50. 17. 170; Broom, Leg. Max. (3d London Ed.) 89,