Issue

In Real Property Law. Lineal descendants; all persons who have descended from a common ancestor.

3 Ves. 257; 17 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90.

In a will it may be held to have a more restricted meaning, to carry out the testator's intention.

7 Ves. 522; 19 Ves. 73; 1 Rop. Leg. 90; 173 111. 229; 255 111. 357, 358.

See "Heirs of the Body." -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 Chit. PL 630.

Several connected matters of fact may go to make up the point in issue. 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 Bl. Comm. 396.

A common issue is that which is formed upon the plea of non est factum, to an action of covenant broken. _ An actual issue is one formed in an action brought in the regular manner, for the purpose of trying a question of right between the parties. _ 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, for which no jury is summoned, to ascertain the truth of some disputed fact. They are also frequently used in courts of law, by the consent of the parthis practice much time and expense are saved in the decision of a cause.

3 Bl. Comm. 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 that he laid a wager for a sum of money with the defendant, for example, that a certain paper is the last 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 co Urt of equity. 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 R. 402. (1) A formal issue is one which is framed according to the rules required by law, in an artificial and proper manner. (2) An informal issue is one which arises when a material averment is traversed in an improper or inartificial manner. Bac. Abr. "Pleas" (G 2, N 5); 2 Wm. Saund. 319a, note 6. (3) An issue in fact is one in which the truth of some fact is affirmed and denied. In general, it consists of a direct affirmative allegation on one side, and a direct negative on the other.

Co. Litt. 126 a; Bac. Abr. "Pleas" (G 1); 2 W. Bl. 1312; 8 Term R. 278; 5 Pet. (U. S.) 149.

But an affirmative allegation which completely excludes the truth of the preceding may be sufficient.

1 Wils. 6; 2 Strange, 1177.

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 Bl. Comm. 195, 305.

And in an action of dower, the count merely demands that 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. (4) A general issue is one which denies in direct terms the whole declaration; as, for example, where the defendant pleads ml debet, that he owes the plaintiff nothing, or nul disseisin, no disseisin committed.

3 Greenl. Ev. § 9; 3 Bl. Comm. 305.

See "General Issue." (5) A special issue is one formed by the defendant's selecting any one substantial point, and resting the weight of his cause (6) A material issue is one properly formed on some material point which will, when decided, decide the question between the parties, (7) 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 Wim. Saund. 319, note 6.

See "Immaterial Issue." (8) An issue in fact is an issue taken upon ' or consisting of matter of fact, the fact only, and not the law laeing disputed, and which is to be tried by a jury. 3 Bl. Comm. 314, 315; Co. Litt. 126a; 3 Steph. Comm. 572. (9) An issue in law is an issue upon matter of law, or consisting of matter of law, being produced by a demurrer on the one side, and a joinder in demurrer on the other.

3 Bl. Comm. 314; 3 Steph. Comm. 572, 580.